Australian Capital Territory Numbered Regulations

GAS SUPPLY REGULATIONS 1999 (NO 10 OF 1999) - REG 39

    (1)     If the regulator refuses, under subregulation 38 (1) or subregulation (5) of this regulation, to approve a proposed plan submitted by a gas pipeline operator, the regulator must, by written notice, direct the operator to amend, in accordance with the notice, the plan or a specified part of the plan.

    (2)     In particular, the direction may require the proposed plan to be amended to provide for reports on particular maintenance or safety aspects of the operation of the gas pipeline operator's system.

    (3)     The gas pipeline operator must give the regulator, within the period stated in the notice or an extra period that may be approved in writing by the regulator, a proposed plan or part that complies with the direction in the notice and with subregulation (4).

Penalty:

        (a)     for an individual—10 penalty units;

        (b)     for a corporation—50 penalty units.

    (4)     For subregulation (3), the proposed plan or part must be certified by the gas pipeline operator's safety auditor under regulation 37 and, in the case of part of a plan, references in that regulation to a proposed plan are to be taken to be references to part of a plan.

    (5)     When a proposed plan or part is given under subregulation (3), the regulator must—

        (a)     if the plan or part complies with subregulation (3)—approve in writing the proposed plan; or

        (b)     in any other case—

              (i)     refuse to approve the proposed plan; and

              (ii)     give a further notice under this regulation to the operator.