Western Australian Consolidated Regulations Western Australian Consolidated Regulations (1) In this
regulation —
reportable incident means an incident —
(a)
that —
(i)
results, or is likely to result, in significant damage to
a pipeline (for example, reducing the capacity of the pipeline to contain
petroleum flowing through it); or
(ii)
is of a kind that a reasonable pipeline licensee would
consider to require immediate investigation;
and
(b) that
is not reportable under a condition of the pipeline licence relating to
environmental performance standards.
(2) A pipeline
licensee must give notice (either oral or written) to the Minister or an
inspector of a reportable incident, including all material details of the
incident that are reasonably available to the licensee, as soon as
practicable —
(a)
after the first occurrence of the incident; or
(b) in
the event that the incident is not detected by the licensee at the time of its
first occurrence, after the licensee detects the incident.
Penalty: a fine of $4 400.
(3)
Subregulation (2) does not apply if the pipeline licensee has a
reasonable excuse.
(4) The pipeline
licensee must give a written report, in accordance with
subregulation (6), of the incident to the Minister —
(a) as
soon as practicable, but no later than 3 days —
(i)
after the first occurrence of the incident; or
(ii)
in the event that the incident is not detected by the
licensee at the time of its first occurrence, after the licensee detects the
incident;
or
(b)
within any longer period specified by the Minister in writing and within the
period mentioned in paragraph (a).
Penalty: a fine of $4 400.
(5) It is a defence to
a prosecution for an offence under subregulation (4) that a period
specified by the Minister under subregulation (4)(b) was not reasonable
in the circumstances.
(6) 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 to find out by reasonable search and inquiry,
including —
(i)
the date, time and place of the incident; and
(ii)
the particulars of any loss or damage caused by the
incident; and
(iii)
if petroleum escaped from the pipeline or ignited, the
amount of that petroleum and the measures taken to control the escape or fire;
and
(iv)
the cause of the incident; and
(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.