South Australian Current Regulations

PETROLEUM (SUBMERGED LANDS) REGULATIONS 2020 - REG 148

148—Reportable incidents

        (1)         A pipeline licensee must give notice (either oral or written) of a reportable incident to the Minister or an inspector, including all material details of the incident that are reasonably available to the licensee, as soon as practicable after—

            (a)         the first occurrence of the incident; or

            (b)         if the incident is not detected by the licensee at the time of its first occurrence—the detection of the incident by the licensee.

Maximum penalty: $4 400.

        (2)         Subregulation (1) does not apply if the pipeline licensee has a reasonable excuse.

        (3)         The pipeline licensee must give a written report, in accordance with subregulation (5), of the incident to the Minister—

            (a)         as soon as practicable, but within 3 days, after—

                  (i)         the first occurrence of the incident; or

                  (ii)         if the incident is not detected by the licensee at the time of its first occurrence—the detection of the incident by the licensee; or

            (b)         if the Minister specifies, in writing and within the period mentioned in paragraph (a), another period for giving the report—within that period.

Maximum penalty: $4 400.

        (4)         It is a defence to a prosecution for an offence against subregulation (3) if subregulation (3)(b) applies in relation to the offence and the period specified by the Minister is not a reasonable period.

        (5)         For the purposes of subregulation (3), the report must set out fully—

            (a)         all the material facts and circumstances of the incident that the licensee is aware of or is able, by reasonable search and inquiry, to find out, including the following:

                  (i)         the date, time and place of the incident;

                  (ii)         the particulars of any loss or damage caused by the incident;

                  (iii)         if petroleum escaped from the pipeline or ignited—the amount of that petroleum and the measures taken to control the escape or fire;

                  (iv)         the cause of the incident;

                  (v)         the repairs (if any) carried out, or proposed to be carried out, on the pipeline; and

            (b)         the corrective action that has been taken, or is proposed to be taken, to prevent another incident of that kind.

Note—

This regulation relates to a "reportable incident", as defined in this Part, which must be reported to the Minister by the pipeline licensee. Incidents related only to health and safety do not need to be reported under this regulation.