Part 1 Preliminary
1 Name of Regulation
This Regulation is the Dangerous Goods (Gas Installations) Regulation 1998.
2 Commencement
This Regulation commences on 1 September 1998.
3 Definitions
Expressions used in this Regulation that are defined in the Dictionary at the end of this Regulation have the meanings set out in the Dictionary.
4 Notes
The explanatory note and table of contents do not form part of this Regulation.
5 (Repealed)
cl 5: Rep 2003 No 38, Sch 2.4 [1].
6 Regulation not to apply to certain gas installations
This Regulation does not apply to:(a) a gas installation that is supplied with gas from a distribution system the subject of a reticulator’s authorisation or distributor’s licence in force, or(b) a portable gas installation or portable autogas installation that is designed to be connected to a gas container with a water capacity of 25 litres or less.cl 6: Am 2003 No 38, Sch 2.4 [2].
Part 2 Fixed, mobile and portable gas installations
Division 1 Gasfitting work
7 Gasfitting work to be carried out by qualified persons
A person must not carry out any kind of gasfitting work, or employ any other person to carry out any kind of gasfitting work, unless the person by whom the work is carried out does so:(a) under the authority of an appropriate supervisor certificate, or(b) under the authority of an appropriate tradesperson certificate and under the general supervision of the holder of an appropriate supervisor certificate, or(c) under the immediate supervision of the holder of an appropriate supervisor certificate.Maximum penalty: 100 penalty units (in the case of a corporation) or 25 penalty units (in any other case).cl 7: Am 2004 No 101, Sch 9.2 [1].
8 Gasfitting work to comply with certain standards
(1) A person must not carry out gasfitting work on a gas installation specified in Column 1 of the Table to this clause otherwise than in accordance with the relevant provisions of the standards or codes specified opposite the installation in Column 2 of that Table.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) In this clause:AS 1596 means the standard published by Standards Australia under the title AS 1596: LP Gas Storage and Handling, as in force from time to time.Distribution Code means the code published by the Australian Gas Association and the Australian Liquefied Petroleum Gas Association under the title Gas Distribution Code, as in force from time to time.fixed (LP Gas) installation means a fixed gas installation that is designed for use with liquefied petroleum gas.Installation Code means the code published by the Australian Gas Association and the Australian Liquefied Petroleum Gas Association under the title AG 601: Gas Installation Code, as in force from time to time.mobile (LP Gas) installation means a mobile gas installation that is designed for use with liquefied petroleum gas.Table
9 Testing for patent defects
Immediately after the completion of gasfitting work on a gas installation, the person responsible for the carrying out of the work:(a) in the case of work comprising the installation of a new gas installation:(i) must inspect all gas containers, gas regulators and gas appliances connected to the installation, and(ii) must test the whole installation for patent defects, or(b) in the case of work comprising the alteration, extension or repair of an existing gas installation:(i) must inspect such part of the installation as has been altered, extended or repaired, and(ii) must inspect all gas containers, gas regulators and gas appliances connected to such part of the installation as has been altered, extended or repaired, and(iii) must test the whole installation for patent defects.Contravention of this clause is an offence and is punishable in accordance with clause 33.
10 Certificates of inspection
(1) Immediately after testing a gas installation following the completion of gasfitting work, the person responsible for the carrying out of the work must furnish a certificate of inspection for the installation:(a) to the owner of the installation, or(b) to a person having the control or management of the installation.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) In the case of a fixed gas installation, the person may also send a copy of the certificate to any other person who appears to be the usual supplier of gas for use in connection with the installation if the certificate indicates that the installation is patently defective.(3) A certificate of inspection:(a) must be serially numbered and in the approved form, and(b) if it indicates that the installation to which it relates is patently defective, must specify what work needs to be done to rectify the patent defect.(4) A person must not issue a certificate of inspection with respect to a gas installation that is patently defective unless the nature of the patent defect is indicated on the certificate.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(5) A person who issues a certificate of inspection under this clause must keep a copy of the certificate for 5 years from the date on which it is issued.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(6) A certificate of inspection issued in respect of a gas installation ceases to have effect if a further certificate of inspection is issued in respect of the same installation.cl 10: Am 5.3.1999.
11 Compliance plates
(1) The person responsible for the carrying out of gasfitting work on a gas installation:(a) must detach any compliance plate from the installation before the work is carried out, and(b) must attach a compliance plate to the installation after the work is carried out, unless the certificate of inspection issued as a result of the work being carried out indicates that the installation is patently defective.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) A compliance plate:(a) must be in the approved form, and(b) must be constructed of approved material at least 0.5 millimetres thick, and(c) must have a display area of at least 70 millimetres by 45 millimetres, and(d) must be attached to the installation in a conspicuous position adjacent to the control valve or other point by which the installation is designed to be connected to a gas container.(3) A compliance plate must be permanently inscribed, in figures at least 6 millimetres high, with the following information:(a) the serial number of the certificate of inspection for the installation,(b) the serial number of the supervisor certificate held by the person by whom the installation was tested,(c) the serial number of the contractor’s licence held by that person or by the contractor by whom that person is employed,(d) the date on which that person tested the installation,(e) an indication of the number and types of gas appliances connected to the installation.(4) For the purposes of subclause (3) (e), the type of gas appliance specified in Column 1 of the Table to this clause is to be indicated by the numeral specified opposite that appliance in Column 2 of that Table.Table
12 Defect notices
(1) The person responsible for the carrying out of gasfitting work on a gas installation:(a) if satisfied that the gas installation, or any gas container, gas regulator or gas appliance connected to the installation, is patently defective, must attach a defect notice to the installation, container, regulator or appliance, and(b) if the patent defect cannot be isolated from the installation, must remove any compliance plate from the installation.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) A defect notice:(a) must have the word “DEFECT” clearly printed on it in upper case letters in type at least 20 millimetres high, and(b) must be made of durable and weather-resistant material, and(c) must be securely attached to the gas installation, gas container, gas regulator or gas appliance in a conspicuous position.
Division 2 Gas installations
13 Sale of gas installations
A person must not sell any gas installation unless a compliance plate is attached to the installation.Contravention of this clause is an offence and is punishable in accordance with clause 33.
14 Sale of gas appliances and gas regulators
A person must not sell any gas appliance or gas regulator unless the appliance or regulator:(a) is suitable and safe for use with the gas with which it is designed to be used, and(b) is approved or is of an approved type.Contravention of this clause is an offence and is punishable in accordance with clause 33.
15 Use of gas installations
(1) A person must not use a gas installation unless a compliance plate is attached to the installation.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) A person must not use:(a) a gas installation, orto which a defect notice is attached.(b) a gas container, gas regulator or gas appliance,Contravention of this subclause is an offence and is punishable in accordance with clause 33.(3) This clause does not apply to:(a) anything that is done in the course of the carrying out of gasfitting work, or(b) anything that is done in the course of the testing of a gas installation by a person by whom gasfitting work is being carried out or by the holder of an appropriate supervisor certificate, or(c) the use of a gas installation that is installed in a vehicle, vessel or machine registered or licensed under the laws of any State, Territory or country outside New South Wales.
16 Supply of gas for use in gas installations
(1) A person must not supply gas to a gas container that is connected to a gas installation unless a compliance plate is attached to the installation.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) A person must not supply gas to a gas container that is connected to a gas installation if a defect notice is attached to the installation.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(3) This clause does not apply to:(a) anything that is done in the course of the carrying out of gasfitting work, or(b) anything that is done in the course of the testing of a gas installation by a person by whom gasfitting work is being carried out or by the holder of an appropriate supervisor certificate, or(c) the supply of gas to a gas container that is connected to a gas installation that is installed in a vehicle, vessel or machine registered or licensed under the laws of any State, Territory or country outside New South Wales.
17 Connection of gas containers to gas installations
(1) A person must not connect a gas container to a gas installation unless a compliance plate is attached to the installation.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) A person must not connect a gas container to a gas installation if a defect notice is attached to the installation or container.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(3) A person must not connect a gas container, gas regulator or gas appliance to a gas installation unless the container, regulator or appliance:(a) is suitable and safe for use with the gas with which it is designed to be used, and(b) is approved or is of an approved type.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(4) This clause does not apply to:(a) anything that is done in the course of the carrying out of gasfitting work, or(b) anything that is done in the course of the testing of a gas installation by a person by whom gasfitting work is being carried out or by the holder of an appropriate supervisor certificate, or(c) the connection of a gas container to a gas installation that is installed in a vehicle, vessel or machine registered or licensed under the laws of any State, Territory or country outside New South Wales.
18 Unauthorised attachment of compliance plates
A person must not attach to a gas installation any compliance plate, or any device that resembles a compliance plate, otherwise than as authorised by this Part.Contravention of this clause is an offence and is punishable in accordance with clause 33.
19 Removal of compliance plates by inspectors
An inspector may remove a compliance plate from a gas installation if the inspector is satisfied that the installation (or any gas container, gas regulator or gas appliance connected to it) is not in safe working order.
20 Unauthorised removal of defect notices
A person must not remove a defect notice from a gas installation, gas container, gas regulator or gas appliance until the relevant patent defect has been rectified or is found not to exist.Contravention of this clause is an offence and is punishable in accordance with clause 33.
Part 3 Autogas installations
Division 1 Autogas work
21 Autogas work to be carried out by qualified persons
(1) A person must not carry out any kind of autogas work, or employ any other person to carry out any kind of autogas work, unless the person by whom the work is carried out does so:(a) under the authority of an appropriate trade certificate, or(b) under the authority of an appropriate provisional trade certificate and under the general supervision of the holder of an appropriate trade certificate, or(c) under the immediate supervision of the holder of an appropriate trade certificate.Maximum penalty: 100 penalty units (in the case of a corporation) or 25 penalty units (in any other case).(2) This clause does not apply to the removal and reinstallation of a vehicle’s gas cylinder by a person:(a) who is the holder of a boiler inspector’s licence in force under Part 4 of the Boiler and Pressure Vessel Regulations, orfor the purpose of its being tested under the Boiler and Pressure Vessel Regulations.(b) who is named in an SAA certificate of approval as a member of the personnel of the gas cylinder test station who is authorised to sign test reports,(3) In this clause, SAA certificate of approval means a certificate issued to a gas cylinder test station under the approved gas cylinder test station scheme operated by Standards Australia.
22 Autogas work to comply with certain standards
(1) A person must not carry out autogas work on an autogas installation otherwise than in accordance with:(a) AS 1425, in the case of work on an autogas (LP Gas) installation, or(b) AS 2739, in the case of work on an autogas (CN Gas) installation.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) In this clause:AS 1425 means the standard published by Standards Australia under the title AS 1425: LP Gas Fuel Systems for Vehicle Engines, as in force from time to time.AS 2739 means the standard published by Standards Australia under the title AS 2739: Natural Gas Fuel Systems for Vehicle Engines, as in force from time to time.
23 Testing for patent defects
Immediately after the completion of autogas work on an autogas installation, the person responsible for the carrying out of the work:(a) must inspect all gas cylinders and gas regulators connected to the installation, and(b) must test the whole installation for patent defects.Contravention of this clause is an offence and is punishable in accordance with clause 33.
24 Certificates of inspection
(1) Immediately after testing an autogas installation following the completion of autogas work, the person responsible for the carrying out of the work must issue a certificate of inspection for the installation:(a) to the owner of the installation, or(b) to a person having the control or management of the installation.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) A certificate of inspection:(a) must be serially numbered and in the approved form, and(b) if it indicates that the installation to which it relates is patently defective, must specify what work needs to be done to rectify the patent defect.(3) A person must not issue a certificate of inspection with respect to an autogas installation that is patently defective unless the nature of the patent defect is indicated on the certificate.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(4) A person who issues a certificate of inspection under this clause must keep a copy of the certificate for 5 years from the date on which it is issued.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(5) A certificate of inspection issued in respect of an autogas installation ceases to have effect if a further certificate of inspection is issued in respect of the same installation.
25 Compliance plates
(1) The person responsible for the carrying out of autogas work on an autogas installation must attach a compliance plate to the installation after it has been tested unless the certificate of inspection issued as a result of the test indicates that the installation is patently defective.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) A compliance plate:(a) must be in the approved form, and(b) must be constructed of approved material at least 0.5 millimetres thick, and(c) must have a display area of at least 70 millimetres by 45 millimetres, and(d) must be attached to the installation in a conspicuous position adjacent to the control valve or other point by which the installation is designed to be connected to a gas cylinder.(3) A compliance plate must be permanently inscribed, in figures at least 6 millimetres high, with the following information:(a) the serial number of the certificate of inspection for the installation,(b) the serial number of the trade certificate held by the person by whom the installation was tested,(c) the serial number of the repairer’s licence held by the repairer, if any, by whom that person is employed,(d) the date on which that person tested the installation,(e) the engine number and vehicle identification number, if any, of the vehicle, vessel or machine to which the installation is fitted.(4) In the case of a vehicle manufactured before 1 January 1989, the reference in subclause (3) (e) to the vehicle’s vehicle identification number is a reference to the vehicle’s chassis number.
26 Identification labels
(1) The person responsible for fitting an autogas installation to any vehicle, vessel or machine must attach an identification label to the outside of the vehicle, vessel or machine in a conspicuous position.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) In the case of a vehicle registered under the Road Transport (Vehicle Registration) Act 1997, the identification label must be attached to both the front and back number plates of the vehicle.(3) An identification label:(a) must be in the shape of a square, having sides at least 25 millimetres long, and(b) must be constructed of approved material, and(c) must be coloured red, and(d) must bear the letters “LPG” (in the case of an autogas (LP Gas) installation) or “CNG” (in the case of an autogas (CN Gas) installation) in white symbols at least 10 millimetres high along one of the diagonals of the square, and(e) must be mounted diamond-wise, so that the symbols appear upright and horizontal.cl 26: Am 1999 No 19, Sch 3.5.
Division 2 Autogas installations
27 Sale of gas cylinders
A person must not sell any gas cylinder for use in connection with an autogas installation unless the cylinder:(a) is suitable and safe for use with the gas with which it is designed to be used, and(b) is of an approved type.Contravention of this clause is an offence and is punishable in accordance with clause 33.
28 Use of autogas installations
(1) A person must not use a vehicle, vessel or machine to which an autogas installation is fitted unless:(a) a compliance plate is attached to the installation, and(b) an identification label is attached to the vehicle, vessel or machine.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) This clause does not apply to:(a) anything that is done in the course of the carrying out of autogas work, or(b) anything that is done in the course of the testing of an autogas installation by a person by whom autogas work is being carried out or by the holder of an appropriate trade certificate, or(c) the use of a vehicle, vessel or machine registered or licensed under the laws of any State, Territory or country outside New South Wales.
29 Supply of gas for use in autogas installations
(1) A person must not supply gas to a gas cylinder that is connected to an autogas installation unless a compliance plate is attached to the installation.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) This clause does not apply to:(a) anything that is done in the course of the carrying out of autogas work, or(b) anything that is done in the course of the testing of an autogas installation by a person by whom autogas work is being carried out or by the holder of an appropriate trade certificate, or(c) the supply of gas to a gas cylinder that is connected to an autogas installation that forms part of a vehicle, vessel or machine registered or licensed under the laws of any State, Territory or country outside New South Wales.
30 Connection of gas cylinders to autogas installations
(1) A person must not connect a gas cylinder to an autogas installation unless a compliance plate is attached to the installation.Contravention of this subclause is an offence and is punishable in accordance with clause 33.(2) This clause does not apply to:(a) anything that is done in the course of the carrying out of autogas work, or(b) anything that is done in the course of the testing of an autogas installation by a person by whom autogas work is being carried out or by the holder of an appropriate trade certificate, or(c) the connection of a gas cylinder to an autogas installation that forms part of a vehicle, vessel or machine registered or licensed under the laws of any State, Territory or country outside New South Wales.
31 Unauthorised attachment of compliance plates
A person must not attach to an autogas installation any compliance plate, or any device that resembles a compliance plate, otherwise than as authorised by this Part.Contravention of this clause is an offence and is punishable in accordance with clause 33.
32 Removal of compliance plates by inspectors
An inspector may remove a compliance plate from an autogas installation if the inspector is satisfied that the installation (or any gas cylinder or gas regulator connected to it) is not in safe working order.
Part 4 Miscellaneous
33 Penalty
(1) A person who contravenes a provision of this Regulation is guilty of an offence and is liable to a penalty (if a penalty is not otherwise provided) not exceeding:(a) 100 penalty units in the case of a corporation, or(b) 50 penalty units in the case of a person who contravenes the provision otherwise than in his or her capacity as an employee, orbut only if the provision concerned expressly provides that contravention of the provision is an offence and is punishable in accordance with this clause.(c) 25 penalty units in the case of a person who contravenes the provision in his or her capacity as an employee,(2) In this clause:employee means an employee within the meaning of the Occupational Health and Safety Act 1983.cl 33: Am 5.3.1999.
34 Exemptions
The WorkCover Authority may, on application in writing, exempt from any provision of this Regulation:(a) any person or class of persons, or(b) any gas installation or class of gas installations, orand may do so either absolutely or subject to conditions.(c) any autogas installation or class of autogas installations,
35 Repeal
(1) The Dangerous Goods (Gas Installations) Regulation 1982 is repealed.(2) Any act, matter or thing that, immediately before the repeal of the Dangerous Goods (Gas Installations) Regulation 1982, had effect under that Regulation continues to have effect under this Regulation.
Dictionary
(Clause 3)
approved means approved in writing for the time being by the WorkCover Authority.
autogas (CN Gas) installation means an autogas installation that is designed for use with compressed natural gas.
autogas installation means a system of pipes and associated equipment that forms part of a vehicle, vessel or machine and that is designed to convey liquefied petroleum gas or natural gas to an internal combustion engine that is installed in, or forms part of, the vehicle, vessel or machine.
autogas (LP Gas) installation means an autogas installation that is designed for use with liquefied petroleum gas.
autogas work means work involved in:
(a) the installation, alteration, extension or repair of an autogas installation, or
(b) the connection of a gas cylinder to, or the disconnection of a gas cylinder from, an autogas installation.
contractor’s licence, in relation to a particular kind of gasfitting work, means a licence in force under the Home Building Act 1989 authorising the holder to contract to carry out that kind of work.
defect notice means a defect notice referred to in clause 12.
fixed gas installation means a gas installation that is installed in any premises or in any machine that forms part of any premises.
flue means any system of pipes and associated fittings designed to convey exhaust gases away from a gas appliance.
gas means liquefied petroleum gas or natural gas.
gas appliance means any gas burning or gas using appliance that is manufactured, adapted or designed for connection to a gas installation, whether by means of a gas outlet socket or otherwise, and includes any liquefied petroleum gas dispenser, catalytic burner or vaporiser, but does not include an internal combustion engine that is installed in, or forms part of, a vehicle, vessel or machine.
gas container includes a gas cylinder and a gas tank.
gas installation means a system of pipes and associated fittings that is designed to convey gas from the control valve or other connection point of a gas container to the control valve or other connection point of a gas appliance or of another gas container, and includes any flue associated with the installation, but does not include a gas container.
gasfitting work means any work involved in:
(a) the installation, alteration, extension or repair of a gas installation, or
(b) the installation, alteration, extension, removal or repair of any flue associated with a gas installation, or
(c) the connection of a gas container, gas regulator or gas appliance to, or the disconnection of a gas container, gas regulator or gas appliance from, a gas installation (otherwise than where it is designed to be readily detachable from the installation).
liquefied petroleum gas means a liquid or gaseous substance that is a mixture of hydrocarbons, basically consisting of butane or butenes or propane or propene, or any mixture of them.
mobile gas installation means a gas installation that is installed in a vehicle, vessel or machine (other than a machine that forms part of any premises).
natural gas means a naturally occurring mixture of hydrocarbon and non-hydrocarbon gases, the principal constituent of which is methane.
patent defect means a defect that presents an immediate or potential danger to persons and that is apparent on testing or inspection, and patently defective has a corresponding meaning.
person responsible means:
(a) in relation to the carrying out of gasfitting work, the person who carries out the gasfitting work (or who supervises the carrying out of gasfitting work) under the authority of an appropriate supervisor certificate, or
(b) in relation to the carrying out of autogas work, the person who carries out the autogas work (or who supervises the carrying out of autogas work) under the authority of an appropriate trade certificate.
portable autogas installation means an autogas installation that forms part of a machine having a mass of not more than 25 kilograms.
portable gas installation means a gas installation that is not a fixed gas installation or mobile gas installation.
provisional trade certificate means:
(a) in relation to autogas work carried out on an autogas (LP Gas) installation, a provisional tradesman’s certificate granted under the Motor Vehicle Repairs Act 1980 in respect of a class of repair work that includes work of a liquefied petroleum gas mechanic within the meaning of that Act, or
(b) in relation to autogas work carried out on an autogas (CN Gas) installation, a provisional tradesman’s certificate granted under the Motor Vehicle Repairs Act 1980 in respect of a class of repair work that includes work of a natural gas mechanic within the meaning of that Act.
repairer means a repairer within the meaning of the Motor Vehicle Repairs Act 1980.
repairer’s licence means a licence granted under section 17 of the Motor Vehicle Repairs Act 1980.
supervisor certificate, in relation to a particular kind of gasfitting work, means a supervisor certificate in force under the Home Building Act 1989 authorising the holder to carry out, and to supervise, that kind of work, and includes a licence endorsed under that Act to show that it is the equivalent of such a certificate.
the Act means the Gas Supply Act 1996.
trade certificate means:
(a) in relation to autogas work carried out on an autogas (LP Gas) installation, a tradesman’s certificate (other than a provisional tradesman’s certificate) granted under the Motor Vehicle Repairs Act 1980 in respect of a class of repair work that includes work of a liquefied petroleum gas mechanic within the meaning of that Act, or
(b) in relation to autogas work carried out on an autogas (CN Gas) installation, a tradesman’s certificate (other than a provisional tradesman’s certificate) granted under the Motor Vehicle Repairs Act 1980 in respect of a class of repair work that includes work of a natural gas mechanic within the meaning of that Act.
tradesperson certificate, in relation to a particular kind of gasfitting work, means a tradesperson certificate in force under the Home Building Act 1989 authorising the holder to carry out that kind of work under general supervision.
Dictionary: Am 2003 No 38, Sch 2.4 [3]; 2004 No 101, Sch 9.2 [2].