From AS2885 INFO
Jump to navigation Jump to search
AS2885.0 Section 3

Does common law apply when Standards aren't in force yet?

(Peter Tuft) That's a legal question to which an engineer can't provide a definitive answer. I guess common law always applies, as does statute law. If WHS legislation requires due diligence to achieve SFAIRP/ALARP etc then you have to do that, regardless of AS 2885. We would like to think that conforming to AS 2885 will also mean that you comply with that WHS obligation. So if a Standard not nominated by regulation/legislation but includes a requirement (or even just a guideline) that you don't comply with, then you should think about how you will feel explaining your actions to the court if there is a serious failure as a result of your non-compliance. Due diligence to achieve safety should always apply.

What if a pipeline is passing through two states, and in particular subject to regulation of each state which are not the same, and also are different with AS2885?

(Peter Tuft) State regulations will apply to the segment of pipeline that is in that state. For example, the Moomba-Sydney pipeline must comply with SA regulations for its SA portion, Qld regulations for the short length that cuts across the SW corner of Qld, and NSW regulations for the rest. This might be administratively messy (two or three sets of compliance documents for the regulators rather than just one) but there is nothing wrong or inconsistent.