Tasmanian Numbered Regulations

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PETROLEUM (SUBMERGED LANDS) (PIPELINES) REGULATIONS 2002 (S.R. 2002, NO. 66) - REG 39

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, but within 2 hours, 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.
Penalty:  Fine not exceeding 40 penalty units.
(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.
Penalty:  Fine not exceeding 40 penalty units.
(4)  It is a defence to a prosecution for an offence against subregulation (3) if subregulation (3)(b) applies in respect of the offence and the period specified by the Minister is not a reasonable period.
(5)  For the purposes of subregulation (3) , the report is to 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.



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