Australian Capital Territory
Utilities (Gas Service and Installation Rules Code) Determination 2013
Disallowable Instrument DI2013–172
made under the  
Utilities Act 2000, section 65 (application of industry code provisions)

1	Name of instrument
This instrument is the Utilities (Gas Service and Installation Rules Code) Determination 2013.
2	Commencement 
This instrument commences the day after it is notified. 
3	Determination of code
The Minister determines the Gas Service and Installation Rules Code.
4	Public access to documents
Copies of the Gas Service and Installation Rules Code are available for inspection by members of the public between 9:00 am and 5:00 pm, Monday to Friday, at the Independent Competition and Regulatory Commission’s offices at Level 8, 221 London Circuit, Canberra City ACT and on the Commission’s website (www.icrc.act.gov.au). Copies of these documents can be made at the Commission’s offices. Electronic copies are available on request. No charge will apply.

Simon Corbell MLA
Minister for the Environment and Sustainable Development
26 June 2013	

Australian Capital Territory

Gas Service and Installation Rules Code I JULY 2013

GAS SERVICE AND INSTALLATION RULES CODE

July 2013

		TABLE OF CONTENTS

1.	INTRODUCTION	2
1.1	Technical codes	2
1.2	Compliance to this Code	2
2.	APPLICATION AND PURPOSE OF THIS CODE	2
2.1	Application	2
2.2	Purpose	2
3.	DICTIONARY	2
3.1	Dictionary	2
4.	GAS DISTRIBUTOR TO Create and publish GAS SERVICE AND INSTALLATION RULES	3
4.1	Gas Service and Installation Rules to comply with this Code	3
4.2	Gas distributor to notify the director-general	3
4.3	Gas distributor to prepare draft Gas Service and Installation Rules	3
4.4	Approval by the director-general to draft Gas Service and Installation Rules	3
4.5	Gas distributor to publish Gas Service and Installation Rules	4
4.6	Amendment to published Gas Service and Installation Rules	4
5.	General Requirements for Content of The Gas Service and Installation Rules	4
5.1	Application of Gas Service and Installation Rules	4
5.2	Contents of the Gas Service and Installation Rules	4
5.3	Gas installations to comply with the Gas Safety Act 2000 (ACT)	4
6.	Specific Contents of the Gas Service and Installation Rules	5
6.1	Gas network boundary	5
6.2	Securing the gas connections	5
6.3	Number of gas connections provided to a customer	5
6.4	Gas distributor to label gas connections	5
6.5	Gas distributor’s approval to connect to existing gas network	5
6.6	Conditions for gas supply pressure to a customer by a gas distributor	6
6.7	Gas meter and distribution network installation	6
6.8	Works performed on the Gas Distributor’s Gas Network	6
7.	Compliance TO gas Service AND INSTALlAtION RULES	7
7.1	Gas distributor’s breach of the Gas Service and Installation Rules	7
7.2	Customer’s breach of the Gas Service and Installation Rules	7
DiCTIONARY	8
1.	 INTRODUCTION

1.1	Technical codes

(1)	The Gas Service and Installation Rules Code (this Code) is a technical code under part 5 of the Utilities Act 2000 (ACT) (the Act).  

(2)	Section 65 of the Act states that part 4 (industry codes) applies to a technical code as if it were an industry code, with the approval or determination of a technical code, or any variation of a technical code to be done by the Minister.

1.2	Compliance to this Code

Section 25(2) (a) (iv) of the Act requires a licensed utility to comply with technical codes.

2.	APPLICATION AND PURPOSE OF THIS CODE

2.1	Application

This Code applies to gas distributors.

2.2	Purpose

The purpose of this Code is to require gas distributors to produce, publish and adopt Gas Service and Installation Rules (GS & I Rules). GS & I Rules will set out the requirements for the safe, reliable and efficient connection, by all persons, of a gas connection service (gas connection) from a gas distribution network (gas network) to a customer’s premises.

3.	DICTIONARY

3.1	Dictionary 

The dictionary at the end of this Code is part of this Code.

4.	GAS DISTRIBUTOR TO Create and publish GAS SERVICE AND INSTALLATION RULES

4.1	Gas Service and Installation Rules to comply with this Code

GS & I Rules must comply with the terms of this Code.

4.2	Gas distributor to notify the director-general

A gas distributor must notify the director-general in writing of the creation of draft GS & I Rules, within 21 days:

(1)	from the date of this Code; or 

(2)	from the date when a gas distribution licence is granted.

4.3	Gas distributor to prepare draft Gas Service and Installation Rules

(1)	In preparation of draft GS & I Rules, a gas distributor may circulate draft GS & I Rules to the relevant industries and/or the public for consideration. The draft GS&I Rules will clearly be indicated as “draft” with a revision number and dates.

(2)	The gas distributor will give reasonable consideration to comments submitted by the relevant industries and/or the public.
4.4	Approval by the director-general to draft Gas Service and Installation Rules

(1)	A gas distributor must submit its draft GS & I Rules to the director-general for approval within 60 days of a written notification by a gas distributor in clauses 4.2 or 4.6 (1).  

(2)	The director-general may direct a gas distributor to change its draft GS & I Rules prior to approval, the gas distributor must revise draft GS & I Rules and submit them for approval within 60 days of the director-general‘s written directive.

4.5	Gas distributor to publish Gas Service and Installation Rules

After receiving written approval by the director-general, a gas distributor must as soon as possible:

(1)	adopt GS & I Rules; 

(2)	publish GS & I Rules; and

(3)	provide a copy of GS & I Rules to the director-general.

4.6	Amendment to published Gas Service and Installation Rules

(1)	A gas distributor may propose amendment to GS & I Rules in writing to the director-general and adopt the procedure set out in clauses 4.4 and 4.5. 

(2)	The director-general may direct a gas distributor to amend published GS & I Rules. As soon as receiving the director-general’s written directive, the gas distributor must adopt the procedure set out in clauses 4.4 (2) and 4.5.

5.	General Requirements for Content of The Gas Service and Installation Rules

5.1	Application of Gas Service and Installation Rules

GS & I Rules apply to a new gas connection, an addition or alteration to an existing gas connection.

5.2	Contents of the Gas Service and Installation Rules

(1)	GS & I Rules must preserve the security, reliability and safety of the gas network, while minimising interference to any existing gas connections. 

(2)	GS&I Rules must seek to adopt the best industry practices. 

5.3	Gas installations to comply with the Gas Safety Act 2000 (ACT)

GS & I Rules may allow a gas distributor to refuse to provide gas supply to a customer if the Consumer Piping installation has not been certified in accordance with the Gas Safety Act 2000 (ACT).

6.	Specific Contents of the Gas Service and Installation Rules

6.1	Gas network boundary

GS & I Rules must specify the boundary between a gas distribution network and a customer’s premises in compliance with the Gas Network Boundary Code 2013.

6.2	Securing the gas connections

(1)	GS & I Rules may require a customer to provide and maintain, on the customer’s premises and at the customer’s expense, a location within the customer’s premises to accommodate gas connection equipment for the benefit of gas supply. 

(2)	GS & I Rules may require a customer in writing to take necessary measures for accommodating the gas distributor’s infrastructure if the gas distributor considers it necessary:

(a)	to prevent obstruction or diversion of the gas supply;
(b)	to avoid interference with the gas supply to other customers; and
(c)	to secure the metering equipment for the purposes of gas supply.

6.3	Number of gas connections provided to a customer
(1)	GS & I Rules may allow a gas distributor to limit the number of gas connection services to one gas connection for one building or one group of buildings on the same parcel of land.

(2)	GS & I Rules may allow more than one gas connection service when: 

(a)	the gas distributor considers it necessary to provide more than one gas connection service to a large parcel of land with multiple connections; or 
(b)	the gas distributor agrees to a customer’s request to provide an additional gas connection/s to the customer’s premises.

6.4	Gas distributor to label gas connections

If the premises have sub-tenancies with separate gas connections given to separate customers, GS & I Rules will require a gas distributor to mark and identify each gas connection. The identification shall be placed on the gas connection equipment.

6.5	Gas distributor’s approval to connect to existing gas network  
GS & I Rules must state that a gas distributor’s approval shall be obtained for connection to the gas distributor’s existing gas network. The gas distributor’s approval or disapproval will be in respect to ensuring minimum gas supply to original or existing gas customers supplied from a gas connection.

6.6	Conditions for gas supply pressure to a customer by a gas distributor
GS & I Rules may state conditions for each option of gas supply pressure from the gas distribution network, depending on available gas supply pressure in the area and the customer’s potential gas consumption.
6.7	Gas meter and distribution network installation
(1)	GS & I Rules must state that:

(a)	a gas distributor’s gas meter set installation, which were installed after this Code is introduced, must be placed external to a customer’s building; 
(b)	a room to house the gas meter set may be secured into the face of the customer’s building; and
(c)	the room must meet the relevant Australian Standards and only be accessed via the external face of the customer’s building.

(2)	For existing gas meter set installations inside the customer’s building, GS&I Rules must state that:

(a)	only a gas meter can be replaced in the current locations;
(b)	any alteration to the configuration of existing gas meter set installations, other than the gas meter, will require the relocation of the gas meter set installations to an external location as in 6.7 (1); and
(c)	No new gas meter set equipment shall be installed into an existing internal gas meter set installations.

6.8	Works performed on the Gas Distributor’s Gas Network

(1)	GS & I Rules must state that a gas distributor is responsible and liable under the Act for the outsourcing of works to third parties in regards to construction and maintenance of gas connection services and gas connection equipment. 

(2)	GS & I Rules must state that all works performed by third parties on the gas connection service from the existing gas network to the outlet of gas meter, must have prior approval by the gas distributor and must be deemed as acceptable by the gas distributor upon completion.

(3)	GS& I Rules must set out the competencies for any persons engaged to perform works on the gas distributor’s gas network. These persons must be trained and/or deemed competent by the gas distributor to conduct the works on the gas distributor’s gas network.

(4)	GS&I Rules must state that the competencies of these persons must be documented by the utility, current and be available for the inspection by the technical inspector under section 67 of the Act.

7.	Compliance TO gas Service AND INSTALlAtION RULES

7.1	Gas distributor’s breach of the Gas Service and Installation Rules

(1)	Where a gas distributor is in breach of its GS & I Rules, industry and technical codes and the relevant Australian Standards, and a customer or third party suffers or may potentially suffer a loss, GS & I Rules must state the gas distributor will rectify the work at no cost to the customer or third party and take an immediate action to comply with GS & I Rules. 

(2)	Where any persons engaged to perform works on behalf of the gas distributor, fail to comply with GS & I Rules, industry and technical codes and the relevant Australian Standards, the gas distributor is ultimately responsible to make good on the rectification of these works and associated costs.

7.2	Customer’s breach of the Gas Service and Installation Rules

GS & I Rules may allow a gas distributor to refuse gas supply, resupply or to disconnect the gas supply to the gas connection if a customer fails to comply with the gas distributors’ GS & I Rules.

DiCTIONARY

(1)	“the Act” means the Utilities Act 2000 (ACT);
(2)	“Australian Standard (AS)” or “Australian Standard/New Zealand Standard (AS/NZS)” means a standard published by Standards Australia as current at the time;
(3)	“Consumer Piping” is as defined within AS/NZS 5601-2004 Gas Installations;
(4)	“customer” means;
(a)	a person whom the service is provided under a customer contract; or 
(b)	a person who has applied, orally or in writing, to the relevant utility for the service to be provided under a customer contract;
(5)	“customer contract” means;
(a)	a standard customer contract, made under the Act; 
(b)	a negotiated customer contract, made under the Act; or
(c)	a customer connection contract, made under the National Energy Retail Law;
(6)	“director-general” means the director-general under part 5 of the Act;
(7)	“gas connection” or “connection” is as defined within the National Gas Rules;
(8)	“gas connection equipment” or “connection equipment” is as defined within the National Gas Rules;
(9)	“gas distributor” is as defined within the Act;
(10)	“gas meter” or “meter” is as defined within the National Gas Rules;
(11)	“gas meter set” means a gas meter and other ancillary equipment used for the measuring and regulating the gas pressure;
(12)	“gas network” has the same meaning as in the Act;
(13)	 “Gas Safety Act 2000” is the applicable act that is responsible for compliance of all consumer piping after the outlet of the gas meter;
(14)	“industry code” means a code approved or determined by the Independent Competition and Regulatory Commission under part 4 of the Act;
(15)	“pressure relief valves” means any valves or regulators that open to release excess pressure from a system;
(16)	“the Minister” means the Minister responsible for part 5 of the Act;
(17)	“National Gas Rules” is the latest version of national framework for gas market arrangements published by the Australian Energy Market Commission;
(18)	“person” includes a natural person, a firm, an unincorporated association or a body corporate;
(19)	“point of supply” means the outlet of the meter assembly;
(20)	“premises” has the same meaning as in the Act;
(21)	“technical code” means a code approved or determined by the Minister under part 5 of the Act;
(22)	“technical inspector” means a code approved or determined by the Minister under part 5 of the Act;
(23)	“utility” is as defined within the Act; and
(24)	“utility service” is as defined within the Act.