Gas Act 2001 · 2020 Revised Edition · Part 5 · Gas Transporters
32. Carrying out of earthworks within vicinity of gas plant or gas pipe
Feedback & supportLast amended by an amending law of 2024. 4 amendments in all.
Subject to this section, no person may commence or carry out, or cause or permit the commencement or carrying out of, any earthworks within the vicinity of any gas plant or gas pipe in a gas pipeline network owned by, or under the management or control of, a gas transporter unless the person —
earthworks
“earthworks” means —(a)any act of excavating earth, rock or other material (by whatever means);(b)any act done on, in or under the ground in connection with —(i)any work for or relating to the construction, reconstruction, extension, renovation, alteration, demolition or repair of any building, road, railway, bridge, viaduct, flyover, sewer or sewerage works;(ii)any work for or relating to the laying, inspecting, repairing or renewing of any main, pipe, cable, fitting or other apparatus;(iii)any soil investigation work; or(iv)such other works as are usually undertaken by a person carrying on business as a contractor in the construction industry or as a professional civil or structural engineer;(c)any act of boring, dredging, jacking, levelling, piling or tunnelling on or under any premises or street by any mechanical means; or(d)the driving or sinking of any bar, rod, pole, picket, casing or tube into the ground;
has given to the gas transporter not less than 7 days’ notice in writing of the date on which it is proposed to commence the earthworks;
has obtained from the gas transporter the necessary information on the location of the gas plant or gas pipe; and
has consulted the gas transporter on the steps to be taken to prevent the gas plant or gas pipe from being damaged while the earthworks are being carried out.
The Authority may, if it thinks fit in any particular case, modify the period for which a notice under subsection (1)(a) is to be given to a gas transporter.
It is the duty of the person who commences or carries out, or causes or permits the commencement or carrying out of, any earthworks referred to in subsection (1) —
to comply with all reasonable requirements of the gas transporter for the prevention of damage to the gas plant or gas pipe;
to ensure that reasonable precautions are taken when such earthworks are being carried out to prevent any damage to the gas plant or gas pipe; and
to allow the gas transporter reasonable access to the work site for the purpose of inspecting or taking any necessary measures to protect the gas plant or gas pipe.
It is the duty of the gas transporter to whom a notice under subsection (1)(a) has been given —
gas transporter
“gas transporter” means a person holding a gas transporter’s licence;
to promptly inform the person giving the notice of the location of the gas plant or gas pipe, and to provide the person with such other information as may be necessary to enable the person to ascertain the exact location of the gas plant or gas pipe;
to advise the person on the precautions to be taken to prevent damage to the gas plant or gas pipe; and
to take all such measures at the work site as may be reasonable and necessary for the protection of the gas plant or gas pipe and, in so doing, the gas transporter must have regard to the potential risks and dangers that can arise from any damage to the gas plant or gas pipe.
Nothing in subsection (1) prohibits a person from commencing or carrying out, or causing or permitting the commencement or carrying out of, any earthworks where the person has reasonable cause to believe that it is necessary to do so in the interest of public or private safety.
Subsection (1) does not prohibit a gas transporter from commencing or carrying out earthworks within the vicinity of any gas plant or gas pipe in a gas pipeline network owned by, or under the management or control of, the gas transporter.
gas
“gas” means natural gas and town gas, but does not include liquefied petroleum gas;
The person referred to in subsection (5) must, as soon as practicable but not more than 24 hours after the earthworks have been commenced or carried out, give to the gas transporter written notice stating the nature and extent of those earthworks.
Any person who contravenes subsection (1), (3) or (6) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $100,000 or to imprisonment for a term not exceeding 5 years or to both.
Subject to subsection (9), in any proceedings for an offence under subsection (7), it is a defence for the person charged to prove —
that the person took all reasonable steps to discharge the person’s duty under subsection (1) or (3), as the case may be; or
that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.
If in any proceedings for any offence under subsection (7), the defence involves acting on information supplied by any of the following:
a gas transporter;
any person to whom any infrastructure described in subsection (10) belongs or that manages or controls such infrastructure,then the person charged is not, without permission of the court, entitled to rely on that defence unless the person charged has, within 14 clear days before the hearing, served on the prosecutor a written notice giving such information as was then in the possession of the person charged identifying or assisting in the identification of the person who supplied the person charged with the information.
This section applies to any infrastructure (including valve chambers, pipe jacking sleeves, concrete casings and rock armour) housing or intended to house any gas transmission pipeline, as it applies to any gas plant or gas pipe in a gas pipeline network owned by, or under the management or control of, a gas transporter, and for this purpose, a reference to a gas transporter in this section is a reference to the person to whom the infrastructure belongs or that manages or controls the infrastructure.
gas transmission pipeline
“gas transmission pipeline” means a bulk transmission pipeline or interconnected transmission pipeline, together with equipment (including pressure regulating and control valves) used for the conveyance of gas to a direct access customer or a gas mains network, and “gas transmission network” is to be construed accordingly;