New Zealand Legislation: Acts

54A Regulations that prescribe requirements for safety management systems

• (1) Regulations made under section 54(1)(bb) must provide for requirements relating to—

  • (a) the systematic identification of—

    • (i) existing hazards; and

    • (ii) new hazards (if possible before, and otherwise as, they arise); and

  • (b) the taking of all practicable steps to eliminate, isolate, or minimise those hazards; and

  • (c) the regular assessment of each hazard identified; and

  • (d) the documentation of the safety management system; and

  • (e) the audit of the safety management system.

  (2) Regulations made under section 54(1)(bb) for the purposes of subsection (1)(b) may include, for example, requirements relating to—

  • (a) the design, construction, operation, maintenance, and inspection of the gas supply system; and

  • (b) security and the control of access to the gas supply system; and

  • (c) the skills, knowledge, and experience of persons who do, or assist in doing, work on or in connection with the gas supply system; and

  • (d) the implementation and management of contingency plans for emergency situations that may affect, or be affected by, the gas supply system; and

  • (e) processes for the ongoing improvement of safety in connection with the gas supply system; and

  • (f) the investigation of accidents that involve or affect the gas supply system.

  (3) Regulations made under section 54(1)(bb) for the purposes of subsection (1)(e) may include, for example, requirements relating to—

  • (a) who may conduct audits; and

  • (b) how often audits must be conducted; and

  • (c) the outcomes and objectives of audits.

  (4) Subsections (2) and (3) do not limit subsection (1).

  (5) In this section, hazard—

  • (a) means an activity, arrangement, circumstance, event, occurrence, phenomenon, process, situation, or substance (whether arising or caused within or outside the gas supply system) that presents or may present a significant risk of—

    • (i) serious harm to any member of the public; or

    • (ii) significant damage to property owned by a person other than the person that owns or operates the gas supply system; and

  • (b) includes—

    • (i) a situation where a person's behaviour may present a significant risk of the matters referred to in paragraph (a)(i) or (ii); and

    • (ii) without limitation, a situation described in subparagraph (i) resulting from physical or mental fatigue, drugs, alcohol, traumatic shock, or another temporary condition that affects a person's behaviour.

  Sections 54A and 54B were inserted, as from 5 December 2006, by section 14 Gas Amendment Act 2006 (2006 No 71).