South Australian Consolidated Acts

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GAS ACT 1997 - SECT 4

4—Interpretation

        (1)         In this Act, unless the contrary intention appears—

"annual gas consumption level" means a level of consumption of gas determined in accordance with the regulations (and the regulations may, for that purpose, make provision for the estimation or agreement of the level in specified circumstances);

"authorised officer" means a person appointed under Part 6 as an authorised officer;

"Commission" means the Essential Services Commission established under the Essential Services Commission Act 2002 ;

"condition" includes a limitation or restriction;

"contravention" includes a failure to comply;

"council" means a council within the meaning of the Local Government Act 1999 ;

"customer" means a person who has a supply of gas available from a distribution system for consumption by that person, and includes—

            (a)         the occupier for the time being of a place to which gas is supplied by a distribution system; and

            (b)         where the context requires, a person seeking a supply of gas from a distribution system; and

            (c)         a person of a class declared by regulation to be customers;

"disconnect" a gas supply includes a procedure to interrupt or discontinue the gas supply to a customer;

"distribution system" means the whole or a part of a system of pipes and equipment for use for, or in connection with, the distribution and supply of gas to persons for consumption, but does not include—

            (a)         a transmission pipeline (other than a pipeline declared by the regulations to be, or form part of, a distribution system); or

            (b)         a system of pipes and equipment—

                  (i)         installed in a place for the conveyance and use of gas from a pressurised vessel situated in the place; and

                  (ii)         not extending to, or connected to pipes in, some other place in separate occupation; or

            (c)         pipes or equipment declared by the regulations not to be, or form part of, a distribution system;

"gas" means a fuel consisting of hydrocarbons or predominantly of hydrocarbons that is in a gaseous or vapour form when it is at the pressure and temperature of its normal pipeline transportation and utilisation conditions, but does not include anything declared by regulation not to be gas;

"gas appliance" means an appliance that uses gas as a fuel, but does not include anything declared by regulation not to be a gas appliance;

"gas entity" means a person licensed under Part 3, and includes (where the context requires) a person who has been licensed under that Part whose licence has been suspended or cancelled or has expired;

"gas infrastructure" means any part of a distribution system owned or operated by a gas entity;

"gas installation" means fixed pipes and any fixed gas appliances, and associated equipment (including flues), installed in a place for the conveyance, control, measurement or use of gas that is, is to be, or has been, supplied (whether by a distribution system or pressurised vessel) for consumption in the place, but does not include gas infrastructure;

"gas officer" means a person appointed under Part 4 as a gas officer;

"gas supply industry" means the operation of a distribution system, the retailing of gas and any other operation for which a licence is required under Part 3;

"land" includes—

            (a)         an estate or interest in land (including an easement); or

            (b)         a right or power over or in respect of land;

"National Gas Procedures (South Australia)" means the National Gas Procedures under the National Gas Law that apply in, or in relation to, South Australia, as in force from time to time;

"occupier" of land or a place means a person who has, or is entitled to, possession or control of the land or place;

"operations" includes activities;

"retailing" of gas means the sale and supply of gas to a person for consumption (and not for resale) where the gas is to be conveyed (whether or not by the seller) to the person by a distribution system, but does not include an activity declared by regulation not to be retailing of gas;

"small customer" means a customer classified by regulation as a small customer;

"Technical Regulator" means the person holding the office of Technical Regulator under Part 2;

"transmission pipeline" means a transmission pipeline within the meaning of the Petroleum Act 2000 .



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