XN000022-1995-10-18 — Page 39

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Fourthly, it enables the Gas Authority himself to act in the interests of safety when there is a failure to comply with an improvement notice and provides for recovery of the cost of any precautionary or remedial measures taken by the Authority from the person who has failed to comply with the improvement notice.

If the Bill is enacted by this Council, the Government will introduce a new regulation requiring that construction works should not be carried out near a gas pipe unless its position has been checked and measures have been taken by the person concerned to ensure that it will not be damaged by the works.

Specifically, the new regulation will require that the person concerned should take all reasonable steps to ascertain the location or position of a gas pipe before works are started in the vicinity of a gas pipe. To assist those involved in such works, the Gas Authority will publish, well before the regulation comes into effect, a code of practice detailing the steps that he considers to be reasonable for such persons to take in ascertaining the location and position of a gas pipe.

The new regulation will also require that the person concerned should take reasonable measures to protect the pipe from damage that would be likely to prejudice public safety. A person who fails to such measures will be liable on conviction to the new maximum penalty proposed in the Bill. The new regulation will, however, provide the person concerned with a defence to a charge of not taking all reasonable measures to protect a gas pipe by showing that he has taken all reasonable steps to ascertain the location and position of the gas pipe before starting the works.

The Bill will be brought into effect 6 months after enactment to allow time for the new regulation to be made, for a code of practice to be issued by the Gas Authority and for the gas supply companies and the construction industry to adjust to the new requirements.

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Mr President, these proposals reflect the Government's concern at the frequent damage to gas pipes through careless construction and excavation works. There were 120 such incidents in 1994 and a further 71 incidents so far this year up to the end of September. Though the consequences of most of these incidents were thankfully - relatively minor, damage to a gas pipe may cause a fire or an explosion, posing risks to workers, the general public and property in the vicinity. The proposals that I have outlined aim to minimise the potential for such hazards. I therefore commend the Bill to this Council. I hope this Council would consider it as soon as possible.

End/Wednesday, October 18, 1995