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Role of petroleum and gas inspectors
The Petroleum and Gas Inspectorate works with industry and the public to regulate and improve safety and health in relation to the exploration, extraction, production, distribution and use of petroleum and fuel gas. Inspectors play a key role in helping industry (including operators) and the public meet the requirements of the Petroleum and Gas (Production and Safety) Act 2004.
Note: The Petroleum and Gas Inspectorate does not regulate petrol, diesel, non-fuel gases (e.g. acetylene, medical gases) or the price of fuel.
This guide describes the role of the inspectors from the Petroleum and Gas Inspectorate and explains what you can expect when an inspector visits, how investigations are conducted and your rights.
Powers of petroleum and gas inspectors
Incidents involving Queenslanders working in the petroleum or fuel gas industry or when using fuel gas often result in serious injuries which can have a significant impact on the people and businesses involved.
Inspectors and authorised officers appointed under the Petroleum and Gas (Production and Safety) Act 2004 (the Act) work with industry (including operators) and the public to help prevent injuries and achieve sustainable safety outcomes.
They do this by providing advice and direction and by:
- conducting audits, inspections, and investigations to monitor and enforce compliance with safety management plans and safety provisions of the Act
- investigating incidents
- responding to emergencies and dangerous situations
- collecting information to inform safety regulations and decision making.
Powers of inspectors
The Act provides inspectors with a range of powers to help them complete their job. This includes the power to:
- enter a place to which the Act relates
- search any part of a place
- inspect, measure, test, photograph or film any part of the place or anything at the place
- take an item or a sample at the place for analysis or testing
- copy a document at the place
- take into or onto a place any person, equipment or materials reasonably required to exercise a power
- request reasonable help and assistance
- require name and address
- require the production of documents
- require information
- seize items
- give a compliance direction
- give a dangerous situation direction.
Visits by petroleum and gas inspectors
Inspectors carry a Queensland Government photographic identification card and will identify themselves as soon as they enter a place. They will advise the person in control of the place of their arrival and the reason for their visit.
The inspector will explain the purpose and process of the visit. They may review documented or electronic systems and procedures, observe work practices, speak to people, and look at tools and equipment.
Inspectors sometimes visit places in teams as they may specialise in a particular aspect of the petroleum and fuel gas industry.
An inspector can also require a person at a place to provide reasonable help to assist the inspector to exercise a power or decide whether the Petroleum and Gas (Production and Safety) Act 2004 is being complied with. The inspector may require name and address details, the production of documents or further information.
At the end of the visit, the inspector will summarise the key findings and explain any actions that may need to be taken. If any directions are given, the inspector will explain these as well as your appeal rights if you disagree with a decision.
Timing of activities
Inspector visits can be planned in advance to address areas of risk or be in response to complaints or prescribed incidents. Each year, the Petroleum and Gas Inspectorate (PGI) reviews industry and compliance data to identify trends and develop measures aimed to improve safety outcomes. Our inspectors work across Queensland, in specific locations, and key sectors of the petroleum and fuel gas industry.
Operators or people carrying on a relevant business can also request an inspector visit to check the effectiveness of existing or new systems and practices.
Advance notice of a visit is not provided if an inspector is visiting in relation to a complaint or prescribed incident and is usually minimised for most inspections. This ensures the integrity of the site inspection or activity and that the reason for the visit is not compromised.
From 1 July 2018, inspectors will be conducting gas compliance assurance inspections based on risk rather than location. Risk will be determined using 3 factors: installer, device or appliance, and location.
During emergencies
Inspectors may attend a place during an emergency or dangerous situation involving petroleum or fuel gas to provide technical advice and support to emergency services or industry. Inspectors may require reasonable help to access a place, perform a function, and/or exercise a power.
Investigations by petroleum and gas inspectors
Inspectors exercise discretion in deciding the extent to which contraventions, complaints and prescribed incidents will be investigated. During an investigation, an inspector may perform any of the functions of an inspector and exercise any powers necessary to complete their job. In addition to other activities, investigations usually include:
- taking photographs or video recordings
- gathering evidence
- recording conversations
- taking formal statements
- conducting interviews.
If evidence is seized, the inspector will issue a receipt for the item and an information notice outlining the reasons for the seizure. The inspector will explain the process for seizure, storage, and return of the item to the owner once it is no longer required. If a seized item is not returned within 1 year, the owner may apply to the Petroleum and Gas Inspectorate (PGI) for it to be returned.
Investigations of serious prescribed incidents are usually undertaken in teams and will begin immediately after the PGI is notified about the prescribed incident.
Inspectors may visit a place several times in order to complete an investigation. The time taken to complete the investigation will vary depending on the circumstances. Complex investigations may take many months to complete.
In the event of the death of a person, the PGI will liaise with police and other government agencies to notify the next of kin. During this contact, the next of kin will be consulted about their preferences for ongoing contact and how they can access further information about the investigation.
Methods used by inspectors
Inspectors may use a range of methods to enforce the law. Inspectors may:
- provide constructive guidance
- exercise powers
- give directions
- issue penalty infringement notices (PINs) or fines
- commence court proceedings for an offence under the Petroleum and Gas (Production and Safety) Act 2004 (prosecution).
The Petroleum and Gas Inspectorate enforces the legislation in accordance with its compliance policy.
When taking enforcement action, inspectors will explain:
- the reasons for taking the action
- the evidence on which they have based their decision
- what you should do to comply and the date by which you must comply
- where you can get information or advice about how to comply
- your rights to review.
Also consider...
- Read about news and updates from the Petroleum and Gas Inspectorate via newsletters, chief inspector updates and service delivery snapshots.
Your rights when petroleum and gas inspectors visit
An inspector has functions to perform and powers to exercise under the Petroleum and Gas (Production and Safety) Act 2004 (the Act) to help ensure and improve safety and health in the petroleum and fuel gas industry in Queensland.
A person may refuse entry to an inspector to a place, except when it is:
- a public place
- authorised by a warrant
- to follow-up on a previous direction
- to a place of business to which the Act relates that is open for business
- in response to an emergency or incident.
An inspector may, at any reasonable time, enter a place where an operating plant is situated, as long as the inspector complies with each relevant safety requirement, under the safety management plan for that plant. The only time this does not apply, is when the Chief Inspector has provided written approval for an inspector not to comply.
If you have any questions following an inspector's visit, follow-up with the inspector, who will provide you with contact details and clarify what is required, and explain your obligations and rights.
For more information, contact the Petroleum and Gas Inspectorate.
Issuing penalty infringement notices
Penalty Infringement Notices (PINs) are just one enforcement tool our inspectors can use to encourage people to act lawfully and stop unlicensed or unsafe gas work. For your family, your neighbours and other visitors and tradespeople to your property–unlicensed work means unsafe work.
PINs can be issued for a wide range of low-level offences relating to petroleum and gas safety matters prescribed by regulation such as:
- doing, or directing another person to do, unlicensed gas work
- supplying or installing unapproved gas devices and systems
- failing to comply with a prescribed standard for a safety requirement
- failing to issue or provide a copy of a certificate to a relevant person.
View the offences that can attract a penalty infringement notice in the State Penalties Enforcement Regulation on the Queensland legislation website.
Paying a fine
The fine should be paid in full, or arrangements made to pay by instalment, by the due date. For all PINs, payment must be received within 28 days of the notice being issued.
The fine can be paid in the following ways which are listed on the PIN:
- BPoint
- BPAY.
If the department has not received payment or a response by the due date, enforcement action may be taken to recover the balance and additional costs incurred through the State Penalties Enforcement Registry (SPER).
Voluntary instalment plan (VIP)
Fines of $200 or more may be paid by instalments. To pay by instalments, an initial instalment of at least $60 must be forwarded to the department by the due date. A VIP notice will then be forwarded to you by SPER for payment of the balance. SPER does not add additional administration costs for a fine being paid by a VIP if the initial instalment of $60 is received by the due date.
Unpaid PINs
Unpaid PINs are referred to SPER to be managed (additional costs will apply).
Disputing the offence
To dispute a PIN, you can:
- lodge an application to have the matter reviewed by the department (some offences only)
- elect to have the matter heard and determined in court.
Request to have the matter reviewed
You can request a review of the decision to issue a PIN under some sections of the Act and Regulation. To find out if a review is an option, contact the departmental officer who issued the PIN. Otherwise, you can elect to have the matter heard in court.
A request for review must include sufficient information and evidence about why the PIN should be withdrawn. Insufficient or unsubstantiated information may lead to an adverse review decision and the matter being referred to SPER or court.
Elect to have the matter heard in court
You can elect to have a PIN matter dealt with by a court.
To elect to have a PIN dealt with by a court, tick the 'Court Election' box on the reverse side of the PIN. The bottom of the PIN must also be co-signed by an authorised witness such as a Justice of the Peace (JP) or Commissioner of Declarations (C.Dec).
The signed and witnessed PIN must be returned to the address provided.
For all other departmental PIN matters, the court election section must be completed and returned to the address provided.
PINs resources
You can download gas safety resources for printing from our safety campaign page.
More information
© The State of Queensland 1995–2024
- Last reviewed: 08 Sep 2021
- Last updated: 08 Sep 2021