Work Health and Safety Regulation 2017
Current version for 1 July 2020 to date (accessed 17 July 2020 at 00:47)
Chapter 7 Part 7.1 Division 9
Division 9 Pipelines
389   Management of risk by pipeline owner
(1)  The owner of a pipeline used to transfer hazardous chemicals must manage risks associated with the transfer of the hazardous chemicals through that pipeline.
Maximum penalty—
(a)  in the case of an individual—70 penalty units, or
(b)  in the case of a body corporate—345 penalty units.
Example.
 Risks associated with the testing, installation, commissioning, operation, maintenance and decommissioning of the pipeline.
(2)  The owner of a pipeline used to transfer hazardous chemicals must ensure, so far as is reasonably practicable, that an activity, structure, equipment or substance that is not part of the pipeline does not affect the hazardous chemicals or the pipeline in a way that increases risk.
Maximum penalty—
(a)  in the case of an individual—70 penalty units, or
(b)  in the case of a body corporate—345 penalty units.
390   Pipeline builder’s duties
(1)  This clause applies to a person who intends to build a pipeline that will—
(a)  cross into a public place, and
(b)  be used to transfer a Schedule 11 hazardous chemical.
(2)  The person must ensure that, before the building of the pipeline commences, the regulator is given the following information—
(a)  the name of the pipeline’s intended owner and operator,
(b)  the pipeline’s specifications,
(c)  the intended procedures for the operation, maintenance, renewal and relaying of the pipeline,
(d)  any public place that the pipeline will cross,
(e)  the intended emergency response procedures.
Maximum penalty—
(a)  in the case of an individual—15 penalty units, or
(b)  in the case of a body corporate—70 penalty units.
(3)  The person must ensure that the regulator is given the information in the following circumstances—
(a)  before the pipeline is commissioned,
(b)  before the pipeline is likely to contain a hazardous chemical,
(c)  if there is any change in the information given under subclause (2)—when the information changes,
(d)  if part of the pipeline is to be repaired—before the pipeline is repaired,
(e)  if part of the pipeline is removed, decommissioned, closed or abandoned—when the removal, decommissioning, closure or abandonment occurs.
Maximum penalty—
(a)  in the case of an individual—15 penalty units, or
(b)  in the case of a body corporate—70 penalty units.
391   Management of risks to health and safety by pipeline operator
(1)  A person conducting a business or undertaking at a workplace who is the operator of a pipeline (the operator) used to transfer hazardous chemicals must manage, in accordance with Part 3.1, risks to health and safety associated with the transfer of the hazardous chemicals through the pipeline.
Note.
 WHS Act—section 19 (see clause 9).
(2)  The operator of a pipeline used to transfer a hazardous chemical must ensure, so far as is reasonably practicable, that the hazardous chemical transferred is identified by a label, sign or another way on or near the pipeline.
Maximum penalty—
(a)  in the case of an individual—70 penalty units, or
(b)  in the case of a body corporate—345 penalty units.
(3)  The operator of a pipeline that transfers a Schedule 11 hazardous chemical into a public place must ensure that the regulator is notified of—
(a)  the supplier of the hazardous chemical, and
(b)  the receiver of the hazardous chemical, and
(c)  the correct classification of the hazardous chemical.
Maximum penalty—
(a)  in the case of an individual—15 penalty units, or
(b)  in the case of a body corporate—70 penalty units.