32A. Damage to gas plant or gas pipe

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Amended

Last amended by an amending law of 2024. 4 amendments in all.

(1)

Any person who —

(a)

removes, destroys or damages any gas plant or gas pipe which is part of a gas pipeline network owned by, or under the management or control of, a gas licensee;

(b)

causes or permits the removal, destruction or damage of such gas plant or gas pipe; or

(c)

in any way other than by paragraph (a) or (b), wilfully or recklessly hinders or prevents such gas plant or gas pipe from being used or operated in the manner in which it is intended to be used or operated,shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million or to imprisonment for a term not exceeding 5 years or to both.

(2)

[Deleted by Act 43 of 2018]

(3)

[Deleted by Act 43 of 2018]

(4)

In any proceedings for an offence under subsection (1)(a) or (b), it is a defence for the person charged to prove that the person took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(5)

If in any proceedings for any offence under subsection (1)(a) or (b), the defence involves acting on information supplied by any of the following:

(a)

a gas transporter;

(b)

any person to whom any infrastructure described in subsection (7) 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.

(6)

A person (A) may apprehend any other person (B) if B within A’s view commits an offence under this section and must, on such apprehension, hand over B so apprehended to a police officer without unreasonable delay.

(7)

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 which is part of a gas pipeline network owned by, or under the management or control of, a gas licensee, and for this purpose, a reference to a gas licensee in this section is a reference to the person to whom the infrastructure belongs or that manages or controls the infrastructure.