In forceAmended2020 Revised Edition

Contents

Gas Act 2001 · 2020 Revised Edition · Part 6 · Gas Retailers, Gas Importers and General Provisions

43A. Repurposing of facilities

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Amended

Last amended by an amending law of 2024.

(1)

This section applies to a person who —

(a)

is a gas licensee or is exempted under section 8; and

(b)

owns, or manages or controls, a relevant facility.

(2)

A person must not, without the prior approval of the Authority, use or allow the use of the relevant facility or any part of the relevant facility (including following any modification, replacement or disposal of any part of the relevant facility) other than as or as part of such relevant facility.

(3)

Regulations made under section 96 may exclude any of the following from the application of this section:

(a)

any gas licensee or person exempted under section 8;

(b)

any relevant facility or any part of any relevant facility;

(c)

any use of any relevant facility or part of any relevant facility (including following any modification, replacement or disposal of any part of the relevant facility), generally or in prescribed circumstances.

(4)

A person who contravenes subsection (2) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1 million and, in the case of a continuing offence, to a further fine not exceeding $100,000 for every day or part of a day during which the offence continues after conviction.

(5)

In this section, “relevant facility” has the meaning given by section 38(13).