ACT Numbered Regulations - Explanatory Statements ACT Numbered Regulations - Explanatory Statements[Index] [Search] [Download] [Related Items] [Help]
UTILITIES (GAS RESTRICTIONS) REGULATION 2005 (NO 8 OF 2005)
2005
THE LEGISLATIVE ASSEMBLY FOR
THE
AUSTRALIAN CAPITAL
TERRITORY
UTILITIES (GAS RESTRICTIONS)
REGULATION 2005
Subordinate Law SL2005 -
8
EXPLANATORY
STATEMENT
Circulated by the authority
of
Jon Stanhope MLA
Chief Minister
Utilities (Gas Restrictions)
Regulation 2005
Subordinate Law SL2005
The Utilities (Gas Restrictions) Regulation 2005 (regulation) is
made under the Utilities Act 2000, section 234. Its purpose is to
provide for the introduction and enforcement of a gas restriction scheme in the
ACT.
This regulation will overcome the current lack in legislation of provision for the imposition of restrictions on the use of gas in times of gas supply shortage. The creation of a scheme of gas restrictions is in keeping with one of the purposes of the Utilities Act, namely, to ensure the efficient provision of utility services (including the supply of gas).
Section 234 of the Utilities Act provides the Executive with the power to
make provision in relation to the safe or efficient provision of utility
services, including provision prohibiting or regulating activities to ensure the
safe or efficient operation of a utility network or network
facility.
Part 1 contains the preliminary provisions of the
regulation.
Part 2 provides for the Minister to approve a gas
restriction scheme and to make a declaration of gas restrictions, and for a
licensed gas distribution and connection services provider (the utility) to
impose restriction measures when a declaration is in force.
Part 3
provides for the enforcement of gas restrictions.
Section 1 provides that the name of the regulation as the
Utilities (Gas Restrictions) Regulation 2005.
Section 2
provides the commencement date of the regulation as the day after its
notification.
Section 3 specifies that the dictionary for the
regulation is part of the regulation.
Section 4 deals with notes
found in the regulation and provides that such notes are for explanatory
purposes and do not form part of the regulation.
Section 5
provides that other legislation applies in relation to offences against this
regulation.
Section 6 provides that the Minister may, in writing, approve a
gas restriction scheme (the scheme) if satisfied that the scheme is necessary to
facilitate the provision of efficient, reliable and sustainable gas services by
utilities to consumers, to protect the interests of consumers and public safety,
and to manage the safety and security of the gas network. The approval of the
scheme is a disallowable instrument.
Section 7 specifies that, for
the Minister to approve the scheme, the scheme must provide for a range of gas
restriction measures that may be imposed. The scheme may include provision for
the utility to exempt a consumer from restrictions where serious detriment could
be caused.
Section 8 specifies that the chief executive must, in a
notifiable instrument, specify a place where copies of documents describing the
approved gas restriction scheme (approved scheme) are available for
inspection.
Section 9 provides that the Minister may, by
notifiable instrument and in accordance with the approved scheme, declare that a
gas restriction is in force and that restriction measures may be imposed by the
utility under section 10 of this regulation.
The declaration must also
state the period for which the declaration is in force, but this period cannot
exceed three (3) months. However, to allow for the need for any extension
beyond the three-month limit, the Minister may make more than one declaration in
relation to the same gas restriction.
Section 10 provides that the
utility may, in writing, impose gas restriction measures under a declared gas
restriction, in accordance with the approved scheme. The utility must ensure
the publication and broadcasting by public notice of the restriction measures.
However, if this does not occur, the validity of the imposition of restriction
measures is not affected.
To allow any necessary fine-tuning of the
restriction measures, the utility may make subsequent impositions of the
restriction measures under a declared gas restriction.
Section 11
provides that the chief executive may, in writing or orally, require the utility
to produce reports about the effectiveness and operation of restrictions
imposed. The utility must comply with the requirement. The chief executive may
specify the content, frequency and timing of reports. The purpose of this
provision is to allow an assessment of the effectiveness of the approved gas
restriction scheme.
Section 12 provides that restrictions imposed
under this regulation will continue to have effect during an emergency under the
Emergencies Act 2004 (Emergencies Act), when the territory
controller is exercising his or her functions, unless the restrictions are
contradictory to the exercise of the territory controller’s functions.
The provision gives the territory controller the option of keeping any
restrictions imposed under this regulation in place and active during an
emergency.
Section 13 provides that ‘gas restriction’ means
‘a gas restriction imposed under section 9’ of the
regulation.
Section 14 states that a person commits an offence if
that person is the occupier of premises and gas is used on the premises in
contravention of gas restriction measures which have been notified by public
notice under section 10.
Such an offence is a strict liability offence,
which means that the offender is liable, irrespective of an absence of
negligence or intention on his or her part. However, if prosecuted for an
offence against this section, proof by the offender that he or she did not know
that the gas restriction had been imposed is a defence to the
prosecution.
Section 15 empowers an authorised person for the
utility to give a written direction to an occupier of premises if the authorised
person believes, on reasonable grounds, that the occupier is, or was and may
continue, using gas in contravention of an imposed restriction measure. The
direction must state the action the occupier must take to ensure that gas is
used in accordance with the imposed restriction measures. The direction may
state the period in which the person must comply with the direction.
The direction may also be given by leaving it in the person’s
letterbox or securing it in a conspicuous position on the premises where the
unauthorised use occurs.
Section 16 states that a person commits
an offence if an authorised person has given the person a direction under
section 15 and the person contravenes the direction. An offence committed
against this regulation is a strict liability offence.
Section 17
provides for an authorised person, under specified circumstances, to cut off the
gas supply to a premises to end the unauthorised use of gas where the authorised
person believes, on reasonable grounds, that a person is contravening a
direction given under section 15 and the direction is unlikely to end the
contravention.
The authorised officer must give written notice stating
the particulars of the action to be taken under this section.
Section
18 provides that any inconvenience, detriment or damage caused by the
authorised person and any person helping the authorised person in the exercise
of a function under this regulation be minimised, and that written notice must
be given to the owner of anything damaged of the particulars of the
damage.
Section 19 provides immunity from liability for a utility,
an authorised person, a person helping an authorised person or anyone acting
under the direction of a utility in relation to anything done or omitted to be
done honestly in the exercise of a function under the regulation.