Electricity Regulation Act 1999

9J

F173[Gas safety officers.

F174[9J.(1) The Commission may appoint a person to be a gas safety officer for the purposes of

(a) this section,

(b) paragraphs (ea), (eb) and (ed) of section 9(1),

(c) section 9(1G), and

(d) investigating alleged contraventions of sections 9F(4), 9F(23) and (24), 9G(3) and 9H(4).]

(2) A gas safety officer may, subject to the provisions of this section

(a) enter and inspect any land (with force if he or she considers it necessary in the circumstances) without giving notice or obtaining the consent of any person, and there inspect any

(i) natural gas pipeline,

F175[(ia) piped LPG distribution network,]

(ii) natural gas installation or facility (including a storage facility),

(iii) natural gas fitting, F176[]

F177[(iiia) LPG fitting, or,]

(iv) ventilation fittings (whether mechanical or otherwise) associated with or required for the safe operation of a natural gas fitting F178[or LPG fitting],

and take such measures as the officer considers appropriate for the protection of any person or any property F179[from any danger arising from natural gas or LPG, as the case may be,]

(b) enter on any land at any reasonable time and there

(i) make such inspections and carry out such tests as he or she thinks fit in relation to any activities in or on a premises or installation,

(ii) take any measurement or photograph or make any electrical or electronic recording which he or she considers necessary for the purposes of any such examination or inquiry,

(iii) require any relevant person in authority to produce to him or her such documents, records or materials as are in that persons possession or control relating to the matter under inquiry and to give to him or her such information as he or she may reasonably require in regard to such documents, record or materials,

(iv) inspect and copy or extract information from documents, records or materials produced to him or her under subparagraph (iii) or which he or she finds during the course of entry to premises,

(v) take samples of natural gas F180[or LPG, as the case may be].

(3) A person appointed under subsection (1) shall be furnished with a certificate of his or her appointment by the Commission, and when exercising a power conferred by this section shall, if requested by any person thereby affected, produce such certificate to such person.

(4) Without prejudice to the generality of subsection (2), in exercising his or her powers under this section, a gas safety officer may

(a) instruct any person to evacuate any premises until such time as the premises are, in the opinion of the officer, safe,

(b) instruct any person to perform or refrain from performing any act, if in the opinion of the officer, the performance or non-performance of such act is necessary in order to reduce or prevent any danger arising from natural gas F181[or LPG, as the case may be],

F182[(c) search for any escaped natural gas or LPG, as the case may be, or any leak or defect in any pipeline, natural gas fitting or LPG fitting, ]

(d) interrupt or disconnect the supply of F183[natural gas or LPG, as the case may be,] without notice.

(5) Where a gas safety officer enters on land in pursuance of powers conferred by this section, the Commission shall ensure as soon as possible after the powers have been exercised under this section

(a) that the land is left no less secure by reason of the entry,

(b) any damage caused by the gas safety officer is made good or that compensation is paid to the occupier or owner of the land concerned.

(6) A person who

(a) obstructs or impedes a gas safety officer in the exercise of powers conferred by this section,

(b) fails or refuses to comply with an instruction given by a gas safety officer under this section,

(c) knowingly gives to a gas safety officer information which is false or misleading in a material respect, or

(d) turns on or reconnects the supply of natural gas F184[or LPG, as the case may be,] which supply has been turned off or disconnected by a gas safety officer, without the consent of a gas safety officer,

is guilty of an offence.

(7) A person guilty of an offence under this section is liable

(a) on summary conviction to a fine not exceeding 5,000 or a term of imprisonment not exceeding 6 months or to both, or

(b) on conviction on indictment to a fine not exceeding 15,000 or a term of imprisonment not exceeding 3 years or to both.]

Annotations

Amendments:

F173

Inserted (11.03.2008) by Energy (Miscellaneous Provisions) Act 2006 (40/2006), s. 13, S.I. No. 68 of 2008.

F174

Substituted (16.04.2012) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 8, S.I. No. 122 of 2012.

F175

Inserted (24.01.2013) by Energy (Miscellaneous Provisions) Act 2012 (3/2012), s. 17(2)(g), S.I. No. 20 of 2013.

F176

Deleted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(b), S.I. No. 42 of 2011.

F177

Inserted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(c), S.I. No. 42 of 2011.

F178

Inserted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(d), S.I. No. 42 of 2011.

F179

Substituted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(e), S.I. No. 42 of 2011.

F180

Inserted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(f), S.I. No. 42 of 2011.

F181

Inserted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(g), S.I. No. 42 of 2011.

F182

Substituted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(h), S.I. No. 42 of 2011.

F183

Substituted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(i), S.I. No. 42 of 2011.

F184

Inserted (1.02.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(j), S.I. No. 42 of 2011.

Editorial Notes:

E51

Commission empowered to appoint person to be a gas safety officer in accordance with subs. (1) for investigation of an incident, whether or not reported, (31.03.2014) by Liquefied Petroleum Gas Safety (Liquefied Petroleum Gas Incident Reporting and Investigation) Regulations 2014 (S.I. No. 78 of 2014), reg. 6, in effect as per reg. 2.

E52

Previous affecting provision: subs. (1)(b) substituted (27.07.2011) by Energy (Biofuel Obligation and Miscellaneous Provisions) Act 2010 (11/2010), s. 27(a), S.I. No. 280 of 2011; substituted as per F-note above.