Australian Capital Territory Numbered Regulations

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GAS SUPPLY REGULATIONS 1999 (NO 10 OF 1999) - REG 36

Gas pipeline operator to lodge and implement proposed safety and operating plan

    (1)     A gas pipeline operator must give to the regulator a proposed safety and operating plan by the applicable day stated in subregulation (8).

Penalty:

        (a)     for an individual—10 penalty units;

        (b)     for a corporation—50 penalty units.

    (2)     At any time before the regulator approves a gas pipeline operator's proposed plan under subregulation 38 (1) or gives a direction concerning the proposed plan under regulation 39, the operator may give the regulator

        (a)     a substituted proposed plan; or

        (b)     a substituted part of a proposed plan; or

        (c)     a variation to the proposed plan.

    (3)     The regulator may accept a substituted part of a proposed plan only if it is a discrete part of the proposed plan and—

        (a)     the part bears a certificate by the safety auditor in accordance with regulation 37 but relating to the part of the plan only; or

        (b)     the regulator is satisfied that the substituted part would not affect the validity of the safety auditor's certificate on the proposed plan.

    (4)     The regulator may accept a variation to a proposed plan only if the regulator is satisfied that the variation will correct a minor error and it will not affect the validity of the safety auditor's certificate on the proposed plan.

    (5)     The gas pipeline operator must implement the latest proposed plan given by the operator to the regulator until the regulator approves a safety and operating plan for the operator.

Penalty:

        (a)     for an individual—10 penalty units;

        (b)     for a corporation—50 penalty units.

    (6)     The regulator may give the gas pipeline operator a written direction concerning the implementation of the plan if the regulator is satisfied—

        (a)     the plan fails to meet, in a material respect, a requirement of regulation 34; or

        (b)     the implementation of the plan may give rise to, or has given rise to, an unsafe situation.

    (7)     The gas pipeline operator must implement the plan in accordance with a written direction of the regulator.

Penalty:

        (a)     for an individual—10 penalty units;

        (b)     for a corporation—50 penalty units.

    (8)     For subregulation (1), the applicable day is—

        (a)     for a person who is a gas pipeline operator on 1 July 1999—31 December 1999 or a later day that may be approved in writing by the regulator; or

        (b)     for any other gas pipeline operator—the day nominated in writing by the regulator or a later day that may be approved in writing by the regulator.



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