Queensland: Gas Supply Act 2003 (Qld)

Gas Supply Act 2003 An Act about the transport and supply of covered gases, and for other purposes Chapter 1 Preliminary Part 1 Introduction 1 Short title This Act may be cited as the Gas Supply Act 2003. 2 Commencement This Act commences on a day to be fixed by proclamation. Part 2 Purpose and application of Act 3 Main purposes of Act The main purposes of this Act are to— (a) promote efficient and economical supply of covered gases; and (b) ensure the interests of customers are protected by— (i) regulating the distribution services for reticulated covered gases; and (ii) providing for the making of relevant distribution network codes. Note— This Act also includes provisions about LPG distribution pipelines and LPG distribution systems. See sections 75, 75A, 131A, 258, 289, 295 and 297 to 299. 4 Gas-related matters to which Act does not apply (1) This Act does not— (a) provide for the safety of persons involved in, or who may be affected by, the supply or use of covered gases; or (b) provide for the measurement or quality of covered gases; or (c) regulate gases other than— (i) covered gases; and (ii) LPG, in relation to LPG distribution pipelines and LPG distribution systems. (2) This Act provides for access to a distribution pipeline or system only to the extent of the physical connection, or the opening of the connection, to the pipeline or system. Editor's note— For other laws about access to a distribution pipeline or system, see the Gas Pipelines Access Law, the Australian Consumer Law (Queensland) and the Queensland Competition Authority Act 1997. (3) Other than for chapter 4, this Act does not provide for or regulate transmission pipelines. 5 Act binds all persons (1) This Act binds all persons, including the State and, to the extent the legislative power of the Parliament permits, the Commonwealth and the other States. (2) However, the Commonwealth or a State can not be prosecuted for an offence against this Act. 5A Declaration for Commonwealth Act A distribution authority is declared not to be personal property under the Personal Property Securities Act 2009 (Cwlth). 6 Act does not affect other rights or remedies (1) Subject to sections 241, 256, 315 and 316, this Act does not affect or limit a civil right or remedy that exists apart from this Act, whether at common law or otherwise. (2) Without limiting subsection (1), compliance with this Act does not necessarily show that a civil obligation that exists apart from this Act has been satisfied or has not been breached. (3) In addition, a breach of an obligation under this Act does not, of itself, give rise to an action for breach of statutory duty or another civil right or remedy. (4) This Act does not limit a court's powers under the Penalties and Sentences Act 1992 or another law. Part 3 Interpretation Division 1 Dictionary 7 Definitions The dictionary in schedule 2 defines particular words used in this Act. Division 2 Key definitions Subdivision 1 The regulator 8 Who is the regulator The chief executive of the department is the regulator. Subdivision 2 Covered gases 9 What is a covered gas (1) A covered gas is a primary gas or a gas blend. (2) A primary gas is— (a) processed natural gas; or (b) hydrogen; or (c) biomethane; or (d) synthetic methane; or (e) a gas, prescribed by regulation, that is suitable for consumption. (3) Processed natural gas is a substance that— (a) is in a gaseous state at standard temperature and pressure; and (b) consists of hydrocarbons that occur naturally and other substances; and (c) is more than half, by volume, methane; and (d) has been processed to be suitable for consumption. (4) In this section— biogas means a gas derived or recovered from organic matter other than fossilised organic matter. biomethane means a substance— (a) that is in a gaseous state at standard temperature and pressure; and (b) the principal constituent of which is methane; and (c) that is produced by refining biogas; and (d) that is suitable for consumption. gas blend means primary gases that have been blended together to be suitable for consumption. synthetic methane means a substance— (a) that is in a gaseous state at standard temperature and pressure; and (b) the principal constituent of which is methane; and (c) that is produced by the methanation of carbon dioxide; and (d) that is suitable for consumption. 10 [Repealed] 11 [Repealed] Subdivision 3 Pipelines and pipeline systems 12 What is a transmission pipeline A transmission pipeline is a pipeline operated, or to be operated, for the primary purpose of conveying a covered gas directly to a market after it has been processed, whether or not it is subsequently processed or reprocessed. 13 What is a distribution pipeline A distribution pipeline is a pipeline that— (a) transports a covered gas as— (i) part of a reticulation system within a covered gas market; or (ii) a single point-to-point pipeline to a specific commercial or industrial facility; and (b) is not a transmission pipeline. 14 What is a distribution system (1) A distribution system is a system of distribution pipelines and meters and other equipment used for, or in connection with, the supply of a covered gas to more than 1 customer within a covered gas market. (2) However, a distribution system does not include— (a) pipelines connected from the exit point of a meter installed for a customer's premises; or (b) appliances or equipment connected to pipelines mentioned in paragraph (a). 15 When covered gas is reticulated A covered gas is reticulated if it is supplied by way of a distribution pipeline. Subdivision 4 Customers 16 Customers and their types (1) A customer is a person who receives, or wants to receive, a reticulated covered gas. (2) However, a receiver is only a customer if the receiver's premises has an installation for a covered gas that, to the reasonable satisfaction of the distributor whose distribution area includes the premises, is capable of receiving supply directly from a distribution system. (3) A small customer is a person who is— (a) a small customer, for covered gas, under the NERL (Qld), section 5(2); or (b) an excluded customer to whom a covered gas may be sold for premises only by an exempt seller and— (i) who purchases the covered gas from the exempt seller principally for personal, household or domestic use at premises; or (ii) who consumes energy at premises below the upper consumption threshold applying under the NERL (Qld), section 6. (4) An excluded customer is a person whose premises are located in— (a) the Maranoa distribution area; or (b) the Western Downs distribution area. (5) In this section— Maranoa distribution area means the distribution area described in the distribution authority held by the Maranoa Regional Council. Western Downs distribution area means the distribution area described in the distribution authority held by the Western Downs Regional Council. 17 [Repealed] 18 [Repealed] Subdivision 5 Customer connection and retail services 19 What are customer connection services (1) A person provides customer connection services to premises by— (a) either— (i) if the premises are not already connected to a distribution pipeline or system for a covered gas—physically connecting the premises to the pipeline or system; or (ii) if the premises are already connected to a distribution pipeline or system for a covered gas—opening a physical connection to the pipeline or system to allow reticulated covered gas to be transported to the premises by way of the pipeline or system; and (b) leaving the connection open to allow the covered gas to be transported to the premises by way of the pipeline or system. (2) The provision of customer connection services does not include the transportation of a covered gas. 20 [Repealed] Subdivision 6 Distribution authorities and distributors 21 What are a distribution authority and distribution area A distribution authority authorises its holder to— (a) transport a covered gas through a distribution pipeline or system within a stated area (distribution area); and (b) provide customer connection services for the covered gas to premises in the area. 22 Distributors and references to distributors (1) The distributor for— (a) a distribution authority—is its holder; or (b) a customer—is the person who holds a distribution authority and provides customer connection services for a covered gas to the customer; or (c) premises—is the person who holds a distribution authority and provides customer connection services for a covered gas to a customer at the premises; or (d) gas infrastructure is— (i) if the infrastructure is the subject of a distribution authority—the person who holds the authority; or (ii) if the infrastructure is an LPG pipeline or LPG distribution system—the LPG distributor who owns or operates the pipeline or system; or (e) a distribution officer—is the distributor or LPG distributor that appointed the officer. Note— For when a distribution authority is required, see section 286. See also section 72. (2) Otherwise, a reference to a distributor is a reference to a person who holds a distribution authority. 23 [Repealed] Subdivision 7 [Repealed] 24 [Repealed] 25 [Repealed] 26 [Repealed] Chapter 2 Distribution of covered gases Part 1 Distribution authorities Division 1 Applying for and obtaining distribution authority Subdivision 1 Application 27 Who may apply for distribution authority (1) A person may, in the approved form, apply to the regulator for a distribution authority. (2) However, a retailer can not apply for a distribution authority to provide customer connection services for a covered gas to be transported through a pipeline if the retailer sells the covered gas transported through a covered pipeline. Note— See also sections 41 and 57. 28 Requirements for application The application must— (a) describe the distribution area for the distribution authority; and (b) state the type of covered gas for the distribution authority; and (c) be accompanied by the fee prescribed by regulation. 29 Public notice by regulator and submissions (1) This section does not apply if the applicant holds a corresponding authority for the distribution authority. (2) Before deciding the application, the regulator must— (a) publish in a Statewide newspaper a notice stating each of the following— (i) that an application for a distribution authority has been made; (ii) the applicant's name; (iii) a period of at least 20 business days during which anyone may make written submissions to the regulator about the application; (iv) where the application, other than any part of the application that is RTI excluded information, may be inspected; (v) the type of covered gas for the distribution authority; and (b) consider written submissions about the application made to the regulator within the stated period. 30 [Repealed] 31 Deciding application (1) The regulator must decide whether to grant or refuse the application. (2) If the regulator decides to grant the application, the regulator may impose conditions on the distribution authority the regulator considers appropriate. Note— See also division 2. 32 Criteria for deciding application (1) The regulator may decide to grant the application only if satisfied the applicant is a suitable person to hold the distribution authority. (2) For subsection (1), the regulator may consider any of the following (the suitability criteria), to the extent they are relevant to the applicant's competence to hold the distribution authority— (a) ability to provide an adequate level of customer connection services for the covered gas stated in the application; (b) financial capacity; (c) commercial and other dealings and the standard of honesty and integrity shown in the dealings; (d) failure to perform contractual or statutory obligations and the reasons for the failure; (e) criminal history; (f) technical expertise; (g) knowledge of, or experience in, the gas or energy industries; (h) if the applicant is a corporation—the matters mentioned in paragraphs (a) to (g) for persons who are executive officers of, or substantial shareholders in, the corporation. (3) However, the regulator may, without regard to any of the suitability criteria, decide the applicant is a suitable person to hold the distribution authority if the applicant holds a corresponding authority. (4) In deciding the application, the regulator must consider any relevant government policies about energy issues. 33 [Repealed] 34 Term of authority (1) This section applies if the regulator decides to grant the application. (2) The regulator may decide to grant the authority for a stated term. (3) If no term is decided for a distribution authority, it continues in force unless cancelled or surrendered under this part. Subdivision 2 Steps after deciding application 35 Notice of decision to grant application (1) If the regulator decides to grant the application, the regulator must, as soon as practicable, give the applicant notice (decision notice) stating each of the following— (a) the decision; (b) the conditions the regulator has decided to impose on the authority; (c) any other matter relevant to the grant of the authority; (d) a period after the giving of the decision notice for the applicant to give the regulator notice (acceptance notice) that the applicant agrees to the conditions, or the conditions with changes to which the regulator has agreed; (e) the application will be taken to have lapsed unless the applicant gives acceptance notice within the period or later period as extended by the regulator. (2) The stated period must end at least 20 business days after the applicant is given the decision notice. (3) The regulator may, by notice to the applicant given before the stated period ends, extend the period for giving an acceptance notice. 36 Lapsing of application if conditions not accepted The regulator is taken to have decided to refuse the application if— (a) the regulator has given the applicant a decision notice; and (b) the applicant has not given the regulator an acceptance notice within the period stated in the notice, or if the regulator has extended the period for giving an acceptance notice, the extended period. 37 Issue and public notice of authority (1) This section applies if the applicant gives the regulator an acceptance notice within the period stated in the notice, or if the regulator has extended the period for giving an acceptance notice, the extended period. (2) The regulator must, as soon as practicable— (a) issue the applicant the distribution authority; and (b) publish a notice about the authority in a Statewide newspaper. (3) The notice must state— (a) that the applicant has been issued a distribution authority; and (b) the authority's distribution area; and (c) the conditions of the authority, or where they may be inspected. 38 Information notice about refusal If the regulator decides to refuse the application, the regulator must, as soon as practicable, give the applicant an information notice about the decision. Division 2 Distribution authority conditions 39 Operation of div 2 (1) This division imposes conditions on each distribution authority that apply as well as any conditions stated in the authority. (2) If an imposed condition conflicts with a condition stated in the authority, the imposed condition prevails to the extent of the inconsistency. (3) As well as imposing a condition, section 43 also imposes a penalty. 40 General conditions A distributor must— (a) take appropriate account of the environmental effects of activities carried out under the distributor's distribution authority; and (b) pay amounts required to be paid under the authority or this Act; and (c) in carrying out activities under the authority, comply with this Act, the Petroleum and Gas (Production and Safety) Act and all other relevant laws; and (d) in carrying out gas infrastructure work, comply with part 2. 41 Ring fencing requirement A distributor must not sell a covered gas transported through a pipeline if the distributor provides customer connection services for the covered gas transported through a covered pipeline. Note— See also sections 27 and 57. 42 Obligation to operate and maintain distribution pipes (1) This section imposes obligations on a distributor for each distribution pipeline the subject of the distributor's distribution authority. (2) If, under this Act or another Act, someone else is entitled to have the distributor transport covered gases through the pipeline, the distributor must operate, maintain and protect the pipeline to ensure the transportation is adequate, reliable and safe. (3) Otherwise, the distributor must ensure the pipeline is operated and maintained and protected so that it is able to be used for the adequate, reliable and safe connection, transport and sale of covered gases. (4) In this section— maintain includes repair and replace as necessary. 43 Restriction for distributors A distributor must not provide customer connection services to a customer outside the distribution area of the distributor's distribution authority unless the services are provided under another distribution authority. Maximum penalty—500 penalty units. 44 [Repealed] 45 [Repealed] 46 Standard for distribution pipes A distributor must ensure each distribution pipe, or each distribution pipeline in a distribution system, the subject of the distributor's distribution authority is built in a way that complies with the Petroleum and Gas (Production and Safety) Act and any other relevant Act. 47 Inquiry practices and procedures (1) A distributor must establish and maintain appropriate practices and procedures to allow inquiries by customers and the public to be addressed or appropriately responded to within 5 business days. (2) For subsection (1) an appropriate response means giving the inquirer notice or telling the inquirer— (a) the work that needs to be done to address the inquiry; and (b) the period needed to address it. 48 Contingency practices and procedures (1) A distributor must establish and maintain appropriate practices and procedures to manage the prompt and efficient handling of all of the following reported to the distributor by anyone— (a) emergency incidents; (b) gas leakages; (c) gas outages; (d) faults and difficulties in the distributor's gas infrastructure; (e) unplanned interruptions to gas transport; (f) other situations relevant to the distributor that relate to safety. (2) A distributor must have a telephone number at which customers can report to the distributor matters mentioned in subsection (1)— (a) at any time; and (b) for the cost of a local telephone call. (3) Each account of the distributor must include the number. (4) The number may be the number of a relevant retailer from which the call is transferred to the distributor. (5) An automated answering telephone service complies with subsection (2) only if it provides for the transfer of calls to a human being. (6) Subsections (3) and (4) do not apply to a distributor within the meaning of the NERL (Qld). 49 Compliance with contingency supply plan requirements A distributor must comply with chapter 4, part 2. 50 Participation in retailer of last resort scheme A distributor must comply with the retailer of last resort scheme to the extent it applies to the distributor. 50A Compliance with distribution network codes A distributor must comply with any distribution network code that applies to the distributor. 50B Membership of energy ombudsman scheme A distributor must pay any amount that, under the Energy and Water Ombudsman Act 2006, it must pay the energy and water ombudsman. 51 Conditions imposed under a regulation (1) A distributor must comply with— (a) any conditions prescribed under a regulation for, or relating to, the provision of customer connection services; or (b) any code, intergovernmental agreement, protocol or other agreement prescribed under a regulation. (2) A code or agreement may be prescribed only if it relates to the provision of customer connection services. Division 3 Amendment, cancellation and suspension of distribution authority Subdivision 1 Amendment by regulator 52 Amendments for which proposed action notice is not required The regulator may amend a distribution authority at any time by giving the distributor notice of the amendment and recording particulars of the amendment in the register of authorities if the amendment— (a) is to correct a clerical or formal error; or (b) does not affect the interests of the distributor or anyone else and the distributor has, in writing, agreed to the amendment. 53 Amendments for which proposed action notice is required The regulator may amend a distribution authority if— (a) the regulator considers the amendment necessary or desirable; and (b) the procedure under subdivision 5 is followed. 54 Imposed condition can not be amended The regulator can not amend a condition of a distribution authority imposed under division 2. Subdivision 2 Amendment by application 55 Applying for amendment (1) A distributor may, in the approved form, apply to the regulator to amend its authority in a stated way, other than to amend a condition imposed under division 2. (2) The application must be accompanied by the fee prescribed under a regulation. (3) Subsection (1) does not limit section 69(3). 56 Deciding application (1) The regulator must decide to make or refuse to make the amendment. (2) If the decision is to make the amendment, the regulator must, as soon as practicable, make the amendment to the distribution authority and give the applicant notice of the decision. (3) If the decision is to refuse to make the amendment, the regulator must, as soon as practicable, give the applicant an information notice about the decision. Subdivision 3 Amendment, cancellation or suspension by regulator 57 Conditions for amendment, cancellation or suspension (1) The regulator may amend, cancel or suspend a distribution authority if— (a) an event mentioned in subsection (2) has happened; and (b) either— (i) for immediate suspension—the procedure under section 58 is followed; or (ii) for cancellation or suspension other than immediate suspension—the procedure under subdivision 5 is followed. (2) For subsection (1), the event is that the distributor— (a) obtained the authority because of a materially false or misleading declaration or representation, made orally or in writing; or (b) is, or is likely to become, unsuitable to hold, or continue to hold, the authority, including, for example because of a contravention of any of the following by the distributor or, if the distributor is a corporation, any executive officer of, or substantial shareholder in, the corporation— (i) this Act; (ii) the Petroleum and Gas (Production and Safety) Act or another relevant Act; (iii) a direction given under this Act, the Petroleum and Gas (Production and Safety) Act or another relevant Act; (iv) the authority; (v) a distribution network code, in a material way; Note— For criteria for deciding a material contravention, see section 270Q. (vi) the gas retail market procedures if AEMO decides under the National Gas (Queensland) Law, section 91MB, the contravention is a material breach of the procedures; or (c) has contravened, or is contravening, section 41; or (d) has used the authority for a purpose other than for a purpose for which it was issued. (3) In deciding whether the distributor is a suitable person to hold, or continue to hold, the authority the regulator must have regard to the suitability criteria. Subdivision 4 Procedure for immediate suspension 58 Immediate suspension (1) The regulator may, by notice (suspension notice) to the distributor, immediately suspend a distribution authority if the regulator reasonably believes— (a) a ground exists to suspend or cancel the authority; and (b) the circumstances are so extraordinary that it is imperative to immediately suspend the authority to control or prevent— (i) a significant adverse economic or social impact on the State or a part of the State; or (ii) a danger to the public. (2) The suspension notice must— (a) state each of the following— (i) that the authority is suspended immediately; (ii) the grounds for the suspension; (iii) the facts and circumstances forming the basis for the grounds; (iv) the suspension period; (v) that the distributor may make written submissions to the regulator to show why the suspension should end; and (b) include, or be accompanied by, an information notice about the decisions to give the notice and to fix the suspension period. (3) The suspension period must not be more than 40 business days. (4) The suspension has effect immediately after the distributor is given the suspension notice. (5) The authority is ineffective during the suspension period. Subdivision 5 Procedure for amendment, cancellation or suspension other than immediate suspension 59 Application of sdiv 5 This subdivision applies if— (a) under section 53, the regulator proposes to amend a distribution authority; or (b) the regulator proposes to cancel or suspend a distribution authority, other than an immediate suspension under section 58. 60 Notice of proposed action (1) The regulator must give the distributor a notice stating each of the following— (a) the action (the proposed action) the regulator proposes to take under this division; (b) the grounds for the proposed action; (c) the facts and circumstances that are the basis for the grounds; (d) if the proposed action is to amend—the proposed amendment; (e) if the proposed action is to suspend—the proposed suspension period; (f) that the distributor may make, within a stated period, written submissions to show why the proposed action should not be taken. (2) The stated period must end at least 20 business days after the notice is given. 61 Considering submissions (1) The regulator must consider any written submission made under section 60 by the distributor within the period stated in the notice. (2) If the regulator at any time decides not to take the proposed action, the regulator must, as soon as practicable, give the distributor notice of the decision. 62 Decision on proposed action If, after complying with section 61, the regulator still believes a ground exists to take the proposed action, the regulator may decide to— (a) if the proposed action was to amend—make the amendment; or (b) if the proposed action was to suspend for a stated period—suspend for no longer than the proposed suspension period; or (c) if the proposed action was to cancel— (i) cancel the distribution authority; or (ii) suspend it for a stated period. 63 Notice and taking of effect of proposed action decision (1) The regulator must, as soon as practicable after making a decision under section 62, give the distributor an information notice about the decision. (2) The decision takes effect on the later of the following— (a) the day the information notice is given; (b) a later day of effect stated in the notice. (3) However, if the decision was to amend, cancel or suspend because of a conviction, the amendment, cancellation or suspension— (a) does not take effect until— (i) the period to appeal against the conviction ends; and (ii) if an appeal is made against the conviction—the appeal is finally decided or is otherwise ended; and (b) has no effect if the conviction is quashed on appeal. Division 4 Dealings with distribution authority Subdivision 1 Renewals 64 Applying for renewal (1) This section applies to a distribution authority that is issued for a term. (2) The distributor may apply to the regulator to renew the authority for a stated term or to renew it without a term. (3) An application under this section— (a) must be made in the approved form and accompanied by the fee prescribed under a regulation; and (b) can not be made if the authority has ended. 65 Deciding renewal application (1) The regulator must decide whether to grant or refuse the application. (2) Division 1 (other than section 27) applies to the application as if it were an application for the authority. 66 Continuing effect of authority for renewal application If the term of the distribution authority ends before the application is decided, despite the ending of the term, the authority continues in force until— (a) the start of any renewal of the authority; or (b) the applicant is given an information notice about a decision to refuse the application; or (c) the application is withdrawn; or (d) the authority is cancelled under this Act. Subdivision 2 Transfers 67 Transfer only by application (1) A distribution authority may be transferred only under this subdivision. (2) A purported transfer of a distribution authority not made under this subdivision is of no effect. Note— See also section 301. 68 Applying for transfer (1) A distributor may apply to the regulator to transfer the distributor's authority. (2) The application must be— (a) in the approved form; and (b) made by the distributor and the proposed transferee; and (c) accompanied by the fee prescribed under a regulation. 69 Deciding transfer application (1) The regulator may decide to grant the application only if the regulator is satisfied the proposed transferee is a suitable person to hold the authority. (2) For subsection (1), the regulator may consider any suitability criteria to the extent it is relevant to the proposed transferee's competence to hold the distribution authority. (3) The regulator may, in granting the application, impose conditions on the authority. (4) If the regulator decides to refuse the application or impose a condition on the authority, the regulator must, as soon as practicable, give the applicants an information notice about the decision. (5) Subsection (4) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicants. Subdivision 3 Mortgages 70 Mortgage of distribution authority A distributor may mortgage the distributor's distribution authority without the approval of, or notice to, the regulator. 71 Notice of intention to exercise powers under mortgage (1) This section applies if a mortgage has been granted over a distribution authority and the distributor has defaulted under the mortgage. (2) The mortgagee may exercise its powers under the mortgage only if the mortgagee has given the regulator at least 20 business days notice of the mortgagee's intention to exercise powers under the mortgage that relate to the authority. (3) Any purported exercise of a power under the mortgage relating to the authority in contravention of subsection (2) is of no effect. 72 Consequence of exercising powers under mortgage If a mortgagee under a mortgage over a distribution authority exercises any power under the mortgage relating to the authority, this Act applies to the mortgagee as if the mortgagee were the distributor under the authority. Subdivision 4 Surrenders 73 Surrenders (1) A distributor may surrender its authority only if the regulator has, on the distributor's application, approved the surrender. (2) The application must be in the approved form and accompanied by the fee prescribed under a regulation. (3) The regulator— (a) may impose conditions on giving the approval; and (b) must fix a time, no later than 6 months after deciding the application, for the surrender to take effect. (4) If the regulator decides to refuse the application or impose a condition on the surrender, the regulator must, as soon as practicable, give the applicant an information notice about the decision. (5) Subsection (4) does not apply for a condition that is the same, or is to the same effect, as a condition agreed to or requested by the applicant. Division 5 [Repealed] 74 [Repealed] Part 2 Gas infrastructure Division 1 Preliminary 75 What is gas infrastructure and gas infrastructure work (1) Gas infrastructure is the whole or any part of— (a) a distribution pipeline or system the subject of a distribution authority; or (b) an LPG distribution pipeline; or (c) an LPG distribution system. (2) Gas infrastructure work is the installation, operation, maintenance, repair, alteration or removal of gas infrastructure. (3) For subsection (2), installation includes installation by way of excavation. 75A References to distributor in pt 2 includes a reference to LPG distributor In this part, a reference to a distributor includes a reference to an LPG distributor. 76 What is a public entity A public entity is— (a) a government entity under the Government Owned Corporations Act 1993, section 4; or (b) a local government. 77Publicly controlled places and their public entities (1) A publicly controlled place is— (a) a State-controlled road under the Transport Infrastructure Act 1994; or (b) a place for which a public entity is responsible that— (i) the public is entitled to use; or (ii) is open to members of the public; or (iii) is used by the public, whether or not on payment of money. (2) However, publicly controlled place does not include any of the following under the Transport Infrastructure Act 1994— (a) busway land; (b) light rail land; (c) a railway; (d) rail corridor land. Note— For provisions relevant to gas infrastructure works for places mentioned in subsection (2), see the Transport Infrastructure Act 1994, chapter 6, chapter 9, part 4, divisions 4 and 5 and chapter 10, part 4, divisions 3 and 4. (3) The public entity for a publicly controlled place is the public entity immediately and primarily responsible for the place. Division 2 Carrying out gas infrastructure work on publicly controlled places Subdivision 1 When work may be carried out 78 Right to carry out work on publicly controlled place Subject to sections 79 and 88 and subdivision 2, a distributor may carry out gas infrastructure work on a publicly controlled place. 79 Requirements for carrying out work (1) A distributor may carry out gas infrastructure work on a publicly controlled place only if— (a) the public entity has given its written approval for the carrying out of the work; or (b) the carrying out of the work is necessary because of an emergency. (2) If the work is carried out because of an emergency, the distributor must, as soon as practicable, give the entity notice of the work. 80 Obtaining public entity's approval (1) The distributor may, in writing, apply to the public entity for approval to carry out the gas infrastructure work. (2) The application must— (a) describe the work and how it is proposed to be carried out; and (b) give particulars of where it is to be carried out; and (c) be supported by other relevant information, reasonably required by the entity, to enable it to consider the application. (3) The entity must, within 30 business days after receiving the information mentioned in subsection (2)(c), decide to grant or refuse the approval. (4) The entity must not unreasonably refuse to grant the approval. 81 Conditions of approval (1) The public entity may impose conditions on the approval it considers are reasonable. Example of a possible condition— a condition that, to minimise interference with public access to the place, the work may be carried out only on stated days or at stated times (2) However, a condition about an alignment for gas infrastructure on, or proposed to be built on, a road must ensure the alignment is— (a) situated to ensure reasonable protection for the infrastructure; and (b) if practicable, on the footpath or verge of the road. Subdivision 2 Obligations in carrying out work 82 Application of sdiv 2 This subdivision applies if a distributor is carrying out gas infrastructure work on a publicly controlled place. 83 Guarding (1) This section applies if the distributor has opened or broken up (the interference) the place, or any part of the place. (2) The distributor must, at all times while the interference continues, ensure— (a) the interference is barricaded and guarded; and (b) signs and lights sufficient to warn and guide the public are set up and maintained against or near the interference. (3) If required by the public entity, the distributor must also set up and maintain against or near the interference additional warning or protection devices to safeguard the public while the interference continues. (4) The requirement may be made— (a) before or during the carrying out of the work; and (b) as well as any condition imposed under section 81. 84 Warning signs on roads If the work is carried out on a road, lights and signs set up or maintained to safeguard the public must be the appropriate official signs under the Transport Operations (Road Use Management) Act 1995. 85 General obligations in carrying out work (1) The distributor must— (a) complete the work as soon as practicable; and (b) restore, as nearly as practicable, the relevant part of the place to the condition it was in before the work started; and (c) remove any rubbish or surplus earth caused by the work; and (d) comply with— (i) conditions the public entity has imposed on any approval it has given to carry out the work; and (ii) any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law. (2) If, in carrying out the work, the distributor causes damage to the place, the distributor must fix the damage as soon as practicable. 86 Maintenance (1) This section applies if the distributor has opened or broken up the place or any part of it and has, under section 85, restored the place or part. (2) The distributor must carry out maintenance to ensure the place or part is kept in good repair until the later of the following periods to end— (a) the period that ends 3 months after the restoration was finished; (b) if, because of the carrying out of the work or the restoration, the ground at the place or part subsides within the 3 months, the period that ends on the earlier of the following— (i) the day the subsidence ends; (ii) the first anniversary of the day the restoration was finished. (3) The maintenance must be carried out in the way agreed between the public entity and the distributor. Subdivision 3 Work directions 87 Power to give work direction (1) This section applies if— (a) a distributor is carrying out, or has carried out, gas infrastructure work on a publicly controlled place; and (b) the public entity reasonably considers work should be, or should have been, carried out to ensure compliance with a condition imposed under section 81 or an obligation under subdivision 2. (2) The entity may give the distributor a notice (a work direction) directing the distributor to carry out stated work to comply with the condition or obligation within a stated reasonable period. (3) The work direction must— (a) identify the condition or obligation; and (b) include, or be accompanied by, an information notice about the decision to give the direction. 88 Compliance with work direction (1) A distributor to whom a work direction has been given must comply with the direction to the reasonable satisfaction of the public entity that gave the direction. (2) If the distributor does not comply with subsection (1), the entity may carry out the relevant work. (3) In carrying out the work, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law. 89 Costs of carrying out directed work (1) A distributor to whom a work direction has been given must bear the costs of complying with the direction. (2) If, under section 88(2), the public entity has carried out the relevant work, it may recover from the distributor as a debt the amount of its reasonable costs of carrying out the work. Division 3 Public entity work 90 Application of div 3 This division applies if a public entity for a publicly controlled place proposes to do work (public entity work) that is likely to affect the safety, location or operation of gas infrastructure. 91 Requirement to consult if gas infrastructure affected (1) The public entity must give the distributor for the gas infrastructure a notice stating— (a) details of the proposed public entity work; and (b) that the distributor may, within a stated period, make written submissions to the entity about the proposal. (2) The stated period must not end before 30 business days after the notice is given. (3) Before deciding to make the change, the entity must consider any written submission made by the distributor within the stated period. 92 Power to require consequential work (1) This section applies if— (a) the public entity has complied with section 91; and (b) to carry out the public entity work, it is reasonably necessary for any of the following work to be done (consequential work)— (i) changing the position of the gas infrastructure; (ii) carrying out other work in relation to the gas infrastructure. (2) The entity may, by notice (a consequential work requirement), require the distributor to do the consequential work within a stated reasonable period. 93 Compliance with consequential work requirement (1) A distributor of whom a consequential work requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement. (2) If the distributor does not comply with subsection (1), the entity may carry out the relevant consequential work. (3) In carrying out the work, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any relevant law. 94 Costs of carrying out required consequential work (1) A public entity must bear the costs of complying with any consequential work requirement it makes. (2) If the relevant distributor has complied with section 93(1), the distributor may recover from the entity as a debt the amount of the distributor's reasonable costs of carrying out the work. Division 4 Gas infrastructure interfering with publicly controlled place 95 Application of div 4 This division applies if gas infrastructure on a publicly controlled place interferes with the use of the place by the public entity or the public. 96 Remedial action by public entity in emergency If, because of an emergency, it is necessary to take action (remedial action) to ensure the gas infrastructure ceases to interfere with the use of the place, the public entity may take the remedial action. 97 Power to require remedial action The public entity may, by notice (a remedial action requirement), require the distributor for the gas infrastructure to take remedial action within a stated reasonable period. 98 Compliance with remedial action requirement (1) A distributor of whom a remedial action requirement has been made must comply with the requirement to the reasonable satisfaction of the public entity that made the requirement. (2) If the distributor does not comply with subsection (1), the entity may take the relevant remedial action. (3) In taking the remedial action, the entity must comply with any relevant provisions of the Petroleum and Gas (Production and Safety) Act and any other relevant law. 99 Costs of taking required remedial action (1) A public entity must bear the costs of complying with any remedial action requirement it makes. (2) If the relevant distributor has complied with section 98(1), the distributor may recover from the entity as a debt the amount of the distributor's reasonable costs of taking the action. Division 5 Miscellaneous provisions 100 Ownership of gas infrastructure that becomes part of land (1) Gas infrastructure owned by a distributor remains the distributor's personal property despite— (a) it becoming part of any land; or (b) the sale or other disposal of the land. (2) However, subsection (1) ceases to apply if the distributor agrees that the gas infrastructure is no longer the distributor's property. (3) This section applies despite— (a) an Act or law of a State; or (b) a contract, covenant or claim of right under a law of a State. (4) This section ceases to apply if— (a) the distribution authority is cancelled or otherwise ends; or (b) the land on which the infrastructure is situated ceases to be land subject to, or in the distribution area of, the authority. (5) For subsection (4), if the term of the authority ends but, under section 66, it is continued in force, the authority only ends if, under that section, it stops being in force. 101 Compensation (1) This section applies if a person (the claimant) suffers a cost, damage or loss because of the exercise, or purported exercise, of a power under this part by a distributor. (2) Compensation for the cost, damage or loss is payable by the distributor to the claimant. (3) The compensation may be claimed and ordered in a proceeding brought in a court of competent jurisdiction. Part 3 Customer connection services Division 1 Preliminary 102 Application of pt 3 This part applies to a distributor in relation to the distributor's gas infrastructure that is not a distribution system under the NERL (Qld). Division 2 Applying for and obtaining customer connection services Subdivision 1 Applying for customer connection services 103 Who may apply for customer connection services (1) Each person as follows may apply to a distributor for the provision of customer connection services for a covered gas to premises within the distributor's distribution area— (a) a person who owns or occupies the premises; (b) a retailer, for a customer or proposed customer of the retailer. (2) The application must be made in the way and give the information reasonably required by the distributor. 104 Deciding application (1) The distributor must decide to grant or refuse the application within— (a) 10 business days after the application is made; or (b) a longer period agreed between the distributor and the applicant. (2) The distributor must decide to grant the application unless a limit under section 109 on the obligation to provide customer connection services applies. 104A Information notice for refusal of services If the distributor decides not provide to the premises the customer connection services for the covered gas applied for, the distributor must, as soon as practicable after, but within 1 month of, receiving the application give the customer an information notice about the decision. Subdivision 2 Steps after granting application 105 Distributor's obligation to propose terms (1) If the distributor decides to grant the application, the distributor must, within the relevant period, tell or give the applicant notice of, each of the following— (a) that the application has been granted; (b) the terms on which the distributor will provide the customer connection services for the covered gas; (c) that the applicant may ask for the terms in writing. (2) If the applicant asks, the distributor must, as soon as practicable, give the applicant notice of the terms. (3) If the distributor does not comply with subsection (1) within the relevant period the distributor is taken to have decided to refuse the application. (4) In this section— relevant period means— (a) 10 business days after the application is decided; or (b) a longer period agreed between the distributor and the applicant within the 10 business days. 106 Connection contract (1) If the distributor and the applicant agree about the terms for providing the customer connection services for the covered gas, the agreement is called a connection contract. Note— See also section 125. (2) The agreement may be oral or written. (3) The making of a connection contract is subject to subdivision 3. 107 [Repealed] 108 Commencement of customer connection services (1) If the distributor and the applicant enter into a connection contract, the distributor must, subject to section 109, start to provide the customer connection services for the covered gas at the time provided under this section. (2) Generally, the distributor must use reasonable endeavours to comply with the obligation within the required period after entering into the contract. (3) However, if, within the required period after entering into the contract, the distributor requires any of the following the obligation ceases— (a) the giving of security for the services in an amount and a way that is fair and reasonable; (b) the giving of a reasonable advance payment for the services; (c) the payment of charges for establishing a connection to the applicant's premises, if the charges are reasonable having regard to the expected revenue from the transportation of the covered gas as a result of the connection. (4) If the requirement is met, the distributor must use reasonable endeavours to connect the premises within the required period after meeting the requirement. (5) In this section— required period, after entering into the contract or meeting the requirement, means— (a) if starting to provide the services only involves opening a physical connection to the distributor's pipeline or system— (i) 10 business days; or (ii) any longer period agreed to by the applicant within the 10 business days; (b) if starting to provide the services involves more than opening a physical connection to the distributor's pipeline or system— (i) a reasonable period; or (ii) any longer period agreed to by the applicant. 109 Limits on provision of customer connection services (1) The distributor is not obliged to provide the customer connection services to a person's premises in any of the following circumstances— (a) providing the services— (i) contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about safety; or (ii) contravenes a provision of the Petroleum and Gas (Production and Safety) Act or another relevant Act about gas measurement or quality; or (iii) would unreasonably interfere with the connection, transport or sale of a covered gas to other customers; or (iv) is denied or limited under an insufficiency of supply direction; (b) the distributor has asked the person to do any of the following and the person has not complied with the request within a reasonable period— (i) perform work, or changes to the person's installation for a covered gas, necessary to allow connection of the distributor's meter to measure consumption of the covered gas; (ii) provide or maintain access, equipment, facilities, space or anything else reasonably needed for the provision of the services; (c) the distributor is entitled, under its connection contract or under a regulation, to disconnect customer connection services to the premises; (d) a circumstance beyond the distributor's control prevents the distributor from providing the customer connection services. (2) The obligation ceases during any period in which the provision of the services is disconnected under a connection contract or under a dangerous situation direction under the Petroleum and Gas (Production and Safety) Act. (3) Also, the obligation does not apply if a regulation states the obligation does not apply. (4) The obligation is subject to— (a) any relevant insufficiency of supply declaration or insufficiency of supply direction; and (b) the retailer of last resort scheme; and (c) the conditions of the distributor's relevant distribution authority; and (d) any relevant provision of a distribution network code about cooling-off periods for the provision of customer connection services. (5) This section does not prevent the distributor from lawfully providing the customer connection services even though it is not obliged to do so. Subdivision 3 Requirements for connection contracts 109A General limits on what may be negotiated (1) A connection contract must not be inconsistent with this Act or any relevant distribution network code. (2) If— (a) customer connection services relate to a covered gas transported through a covered pipeline; and (b) there is an approved access arrangement for the pipeline; a connection contract for the services must not be inconsistent with the access arrangement. (3) A connection contract is unenforceable to the extent it does not comply with this section. 109B Provisions for small customers (1) This section applies to a connection contract for the provision of customer connection services to a small customer's premises. (2) The contract must comply with all relevant distribution network code provisions about minimum terms for the provision of customer connection services to small customers. (3) The contract is unenforceable to the extent it does not comply with subsection (2). (4) If, under subsection (3), a term of the contract is unenforceable because it conflicts with a minimum term provision mentioned in subsection (2), the minimum term is taken to be a term of the contract. 109C Provisions for large customers (1) This section applies to a connection contract for the provision of customer connection services to a large customer's premises. (2) The contract must provide for the provision of the services on fair and reasonable terms. (3) The services are taken to be provided on fair and reasonable terms if the contract is consistent with relevant distribution network code provisions about minimum terms for the provision of customer connection services to small customers. (4) In this section— large customer, for premises, means a customer other than a small customer for the premises. Division 3 Changes to installations for covered gases 110 Application of div 3 This division applies if the distributor provides customer connection services to a person's premises. 111 Obligation to give information to allow proposed changes The distributor must, if asked by the person, give the person reasonable information about the distributor's requirements to allow the person to change or replace an installation for a covered gas at the premises. 112 Applying to change connection (1) The person may apply to the distributor to change the connection of an installation for a covered gas at the premises to the distributor's distribution system. (2) The distributor must, subject to section 109, make the change within a reasonable period and on fair and reasonable terms. Division 4 [Repealed] 113 [Repealed] 114 [Repealed] 115 [Repealed] 116 [Repealed] 117 [Repealed] 118 [Repealed] 119 [Repealed] Division 5 [Repealed] 120 [Repealed] 121 [Repealed] 122 [Repealed] 123 [Repealed] 124 [Repealed] Part 4 Meter and control apparatus requirements 125 Operation of pt 4 This part imposes obligations for the provision of customer connection services to small customers. 126 Distributor must provide meter (1) The distributor must, unless the distributor and the customer otherwise agree, provide, install and maintain a meter used or to be used to measure or record a reticulated covered gas transported to the premises. Maximum penalty—20 penalty units. (2) Subsection (1) is subject to section 131. 127 Matters that may be considered for placement In deciding placement of a meter the distributor may consider— (a) safe access; and (b) aesthetics; and (c) protection against damage from— (i) mechanisms; or (ii) vibration; or (iii) the effects of weather; or (iv) corrosive atmosphere. 128 Placing meter on customer's premises (1) The customer must, at the customer's cost— (a) provide on the customer's premises space, housing, mounting and connecting facilities for each meter; and (b) maintain the facilities in a safe and sound condition. (2) The facilities must be in a position that meets the distributor's reasonable requirements. 129 Change of meter placement (1) This section applies if, because of building changes or similar works, the position of a meter no longer meets the distributor's reasonable requirements for its placement. (2) The customer must provide space, housing, mounting and connecting facilities in another position on the customer's premises that meets the requirements. (3) If the distributor relocates the meter to meet the requirements, the distributor may, by notice, require the customer to pay the distributor the amount of the distributor's costs reasonably incurred in relocating the meter. (4) If the customer does not comply with the notice, the distributor may recover the amount from the customer as a debt. 130 Customer must provide safe access The customer must not prevent the distributor's distribution officers from safely exercising a power under section 138. 131 Alternative measurement (1) This section applies if the distributor reasonably believes the customer has contravened section 130 by preventing any distribution officer of the distributor from safely reading or testing a meter connected to the distributor's distribution pipeline or system. (2) The distributor may, by notice, require the customer to remedy the contravention within a stated period of at least 1 month. (3) If the customer does not comply with the notice, the distributor may install alternative metering or other equipment to measure or record a reticulated covered gas transported to the premises by remote or other suitable ways. (4) Subsection (3) does not limit another remedy the distributor has against the customer. (5) If the distributor acts under subsection (3), the distributor may, by notice, require the customer to pay the distributor the amount of the distributor's costs reasonably incurred in taking the action. (6) If the customer does not comply with the notice, the distributor may recover the amount from the customer as a debt. Part 5 Distribution officers Division 1A Preliminary 131A References to distributor and covered gas in pt 5 In this part— (a) a reference to a distributor includes a reference to an LPG distributor; and (b) a reference to a distributor's distribution pipeline or system includes a reference to an LPG distributor's LPG pipeline or LPG distribution system; and (c) a reference to covered gas transported through a distributor's distribution pipeline or system includes, for an LPG distributor's LPG pipeline or LPG distribution system, a reference to LPG transported through the pipeline or system. Division 1 Appointment and functions 132 Appointment (1) A distributor may appoint distribution officers to perform the functions mentioned in section 133. (2) However, the distributor may appoint a person under subsection (1) only if the person is appropriately qualified for the appointment and has the necessary expertise or experience. (3) Subject to subsection (2), an officer of a retailer may be appointed as a distribution officer. 133 Functions A distribution officer's functions are to— (a) install and maintain the distributor's gas infrastructure; and (b) read or test meters connected to the distributor's distribution pipeline or system; and (c) ensure the distributor's gas infrastructure is safe; and (d) prevent or deal with an emergency involving, or that may involve, a covered gas transported through the distributor's distribution pipeline or system. 134 Distribution officers are public officials for particular functions A distribution officer is declared to be a public official for the Police Powers and Responsibilities Act 2000 if the officer is, or is proposing to, perform a function mentioned in section 133(c) or (d). Note— See the Police Powers and Responsibilities Act 2000, chapter 1, part 3, division 2. 135 Issue of identity card (1) A distributor must issue an identity card to each of its distribution officers. (2)