Part 4A Protection of underground gas pipelines
In this Part, designated information provider means:(a) Dial Before You Dig NSW/ACT Incorporated, or(b) if another person or body is prescribed by the regulations for the purposes of this definition, that other person or body.
64B Provision of information on underground gas pipelines by network operators
(1) It is a condition of a distributor’s licence that the distributor must:(a) be a member of the designated information provider, and(b) comply with any obligations imposed by that membership.(2) It is a condition of a reticulator’s authorisation that the reticulator must:(a) be a member of the designated information provider, and(b) comply with any obligations imposed by that membership.(3) The regulations may make provision for or with respect to the provision of information by network operators in respect of underground gas pipelines, including (but not limited to) the provision of such information in connection with a request for information under section 64C.
64C Requirements in relation to carrying out of certain excavation work
(1) A person must not commence to carry out excavation work to which this section applies, or authorise such excavation work to be commenced, unless the person has first:(a) contacted the designated information provider and requested information as to the location and type of any underground gas pipelines in the vicinity of the proposed work, and(b) complied with any reasonable procedures of the designated information provider as to the manner of contacting the designated information provider and the information to be provided by the person in connection with the person’s request for information, and(c) allowed a reasonable period for the requested information to be provided.Maximum penalty: 20 penalty units.
(2) Subsection (1) does not require a person to whom that subsection applies to comply with the requirements of that subsection in relation to excavation work if another person to whom that subsection applies has already complied with those requirements in relation to that excavation work.(3) A person must not carry out excavation work to which this section applies, or authorise such excavation work to be carried out, unless the person has ensured that any requirements of the regulations in relation to the carrying out of the work are complied with.Maximum penalty: 20 penalty units.
(4) The regulations may make provision for or with respect to the following:(a) prescribing requirements in relation to the carrying out of excavation work to which this section applies,(b) requiring notification to be given to a specified person or body, or person or body of a specified class, in relation to the carrying out of excavation work to which this section applies,(c) the monitoring of excavation work to which this section applies,(d) what constitutes reasonable procedures for the purposes of subsection (1),(e) what constitutes a reasonable period for requested information to be provided for the purposes of subsection (1).(5) This section applies to excavation work in an area, and of a kind, prescribed by the regulations.
64D Notification of damage to underground gas pipelines
(1) A person must, as soon as practicable after becoming aware that any action of the person or any action authorised by the person has damaged an underground gas pipeline, notify the network operator that owns the pipeline of the damage.Maximum penalty: 20 penalty units.
(2) The regulations may make provision for the manner in which a person must notify for the purposes of subsection (1).(3) Subsection (1) does not require a person to notify the network operator of the damage concerned if another person to whom that subsection applies has already notified the network operator of the damage.
64E Orders for costs, expenses and compensation at time offence proved
(1) This section applies where a court convicts a person of an offence against this Part or section 66.(2) The court may, if it appears to the court that a network operator has, by reason of the commission of the offence:(a) suffered loss or damage to its gas works, or(b) incurred costs and expenses in preventing or mitigating, or in attempting to prevent or mitigate, any such loss or damage,order the offender to pay to the network operator the costs and expenses so incurred, or compensation for the loss or damage so suffered, as the case may be, in such amount as is fixed by the order.(3) A court may not make an order under subsection (2) for the payment of an amount that exceeds the amount for which an order may be made by the court when exercising jurisdiction under the Civil Procedure Act 2005. An order made by the court is enforceable as if it were an order made by the court when exercising jurisdiction under that Act.(4) Orders may be made under this section in addition to any penalty that may be imposed or any other action that may be taken in relation to the offence concerned.(5) Orders may be made under this section regardless of whether any penalty is imposed, or other action taken, in relation to the offence concerned.(6) In this section:the court means the court that convicts a person of the offence concerned.
the offender means the person who is convicted of the offence.
64F Civil liability of designated information provider
(1) This section applies to the following persons:(a) the designated information provider, any officer or employee of the designated information provider or any person acting on behalf of the designated information provider,(b) a network operator, any officer or employee of the network operator or any person acting on behalf of the network operator.(2) A person to whom this section applies does not incur any civil monetary liability for any act or omission in connection with a request for information under section 64C or the provision of information in compliance or purported compliance with the regulations under section 64B unless the act or omission is done or made in bad faith or through negligence.(3) The civil monetary liability for an act or omission of a kind referred to in subsection (2) done or made through negligence may not exceed the maximum amount prescribed by the regulations.(4) For the purposes of subsection (3), the regulations may:(a) prescribe maximum amounts that are limited in their application to persons, events, circumstances, losses or periods specified in the regulations, and(b) prescribe maximum amounts that vary in their application according to the persons to whom or the events, circumstances, losses or periods to which they are expressed to apply, and(c) prescribe the manner in which a maximum amount is to be divided amongst claimants.(5) A person to whom this section applies may enter into an agreement with another person varying or excluding the operation of a provision of this section and, to the extent of that agreement, that provision does not apply.(6) This section does not apply to any liability of an officer or employee of a person to whom this section applies to the person.(7) In this section:civil monetary liability means liability to pay damages or compensation or any other amount in a civil proceeding, but does not include the costs of proceedings.