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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Energy and Resources Legislation Amendment Bill
2008
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1 Purposes 1
2 Commencement 3
PART 2--AMENDMENT OF ELECTRICITY SAFETY ACT 1998 4
3 Registration of electrical contractors 4
4 Repeal of redundant provisions 4
5 Increased penalty--Certificate of inspection 4
6 Section 93 substituted and new section 93A inserted 4
93 Operation of cathodic protection systems 4
93A Evidentiary provision--operation of cathodic protection
systems 5
7 Infringement notices 6
8 Substitution of section 140A consequential to commencement
of Part 2 of the Electricity Safety Amendment Act 2007 6
PART 3--AMENDMENT OF GEOTHERMAL ENERGY
RESOURCES ACT 2005 7
9 Procedure if tender does not result in the granting of a permit 7
10 New section 23A inserted 8
23A Priority of competing applications in respect of same
land 8
11 Right to apply for lease 8
PART 4--AMENDMENT OF MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990 9
12 Variation of work plan on application of a licensee 9
13 Amendment of reference to regulations 9
14 Tourist fossicking authority 9
15 Increased penalty--obligation of holder of tourist fossicking
authority 10
16 Repeal of redundant provisions 10
561183B.I-15/4/2008 i BILL LA INTRODUCTION 15/4/2008
Clause Page
PART 5--AMENDMENT OF PIPELINES ACT 2005 11
17 Increased penalties for certain offences 11
18 Applicant for compulsory acquisition of easement to comply
with approved consultation plan 11
PART 6--AMENDMENT OF OTHER ACTS 12
19 Amendment of Electricity Industry Act 2000 12
20 Amendment of Electricity Safety Amendment Act 2007 12
21 Amendment of Petroleum Act 1998 12
PART 7--REPEAL OF AMENDING ACT 14
22 Repeal of amending Act 14
ENDNOTES 15
561183B.I-15/4/2008 ii BILL LA INTRODUCTION 15/4/2008
PARLIAMENT OF VICTORIA
Introduced in the Assembly
Energy and Resources Legislation
Amendment Bill 2008
A Bill for an Act to amend the Electricity Industry Act 2000, the
Electricity Safety Act 1998, the Electricity Safety Amendment Act
2007, the Geothermal Energy Resources Act 2005, the Mineral
Resources (Sustainable Development) Act 1990, the Petroleum Act
1998 and the Pipelines Act 2005 and for other purposes.
The Parliament of Victoria enacts:
PART 1--PRELIMINARY
1 Purposes
The main purposes of this Act are--
(a) to amend the Electricity Safety Act 1998--
5 (i) to provide further for the regulation of
the operation of cathodic protection
systems; and
561183B.I-15/4/2008 1 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Part 1--Preliminary
s. 1
(ii) to enable electrical contractors to be
registered for periods of up to five
years; and
(iii) to increase the penalty for an offence
5 under that Act; and
(b) to amend the Electricity Safety
Amendment Act 2007 to increase the
penalty for an offence; and
(c) to amend the Geothermal Energy
10 Resources Act 2005--
(i) to provide further for competitive
tendering for exploration permits; and
(ii) to require applications for retention
leases to be made at least 90 days
15 before the expiry of an exploration
permit; and
(d) to amend the Mineral Resources
(Sustainable Development) Act 1990--
(i) to clarify that a tourist fossicking
20 authority may be granted to a body
corporate; and
(ii) to repeal certain redundant provisions;
and
(iii) to increase the penalty for an offence
25 under that Act; and
(e) to amend the Petroleum Act 1998 to require
applications for retention leases to be made
at least 90 days before the expiry of an
exploration permit; and
30 (f) to amend the Pipelines Act 2005 to increase
the penalties for certain offences; and
(g) to make other miscellaneous amendments to
those Acts and to the Electricity Industry
Act 2000.
561183B.I-15/4/2008 2 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Part 1--Preliminary
s. 2
2 Commencement
(1) This Act, other than section 8, comes into
operation on the day after the day on which it
receives the Royal Assent.
5 (2) Subject to subsection (3), section 8 comes into
operation on a day to be proclaimed.
(3) If section 8 does not come into operation before
1 January 2010, it comes into operation on that
day.
__________________
561183B.I-15/4/2008 3 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Part 2--Amendment of Electricity Safety Act 1998
s. 3
PART 2--AMENDMENT OF ELECTRICITY SAFETY
ACT 1998
3 Registration of electrical contractors
See: In section 31(4) of the Electricity Safety Act
Act No.
5 25/1998. 1998, for "one year" substitute "up to 5 years
Reprint No. 4 determined by Energy Safe Victoria and specified
as at
30 January in the register kept under section 33".
2006
and
amending
Act Nos
24/2006,
29/2006,
32/2006 and
61/2007.
LawToday:
www.
legislation.
vic.gov.au
4 Repeal of redundant provisions
Sections 34(2)(a) and 41(2)(a) of the Electricity
10 Safety Act 1998 are repealed.
5 Increased penalty--Certificate of inspection
For the penalty at the foot of section 45(4) of the
Electricity Safety Act 1998 substitute--
"Penalty: 50 penalty units.".
15 6 Section 93 substituted and new section 93A inserted
For section 93 of the Electricity Safety Act 1998
substitute--
"93 Operation of cathodic protection systems
(1) The owner of a cathodic protection system
20 must not operate or allow another person to
operate that system unless it is registered by
561183B.I-15/4/2008 4 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Part 2--Amendment of Electricity Safety Act 1998
s. 6
Energy Safe Victoria in accordance with the
regulations.
Penalty: In the case of a natural person,
200 penalty units;
5 In the case of a body corporate,
1000 penalty units.
(2) The owner of a cathodic protection system
must ensure that the system is operated in
accordance with--
10 (a) this Act and the regulations; and
(b) any conditions to which the registration
is subject.
Penalty: In the case of a natural person,
200 penalty units;
15 In the case of a body corporate,
1000 penalty units.
93A Evidentiary provision--operation of
cathodic protection systems
(1) This section applies if--
20 (a) the person operating a cathodic
protection system is not the owner of
that system; and
(b) that person is operating that system
under the authority or with the consent
25 of the owner of that system.
(2) The owner of a cathodic protection system is
not guilty of an offence under section 93(2)
if the owner reasonably believed that the
system was operated by the person in
30 accordance with--
(a) this Act and the regulations; and
(b) any conditions to which the registration
is subject.".
561183B.I-15/4/2008 5 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Part 2--Amendment of Electricity Safety Act 1998
s. 7
7 Infringement notices
In section 140A of the Electricity Safety Act
1998, for the definition of prescribed offence
substitute--
5 "prescribed offence means--
(a) an offence against section 30, 32, 35(1),
35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b),
43(4), 44(2), 44(3), 45(1), 45(2), 45(3),
45(4), 45A(1), 45A(3), 45B(4),
10 45B(9)(a), 45B(9)(b), 54, 57(2), 60(2),
68, 76(1), 77(1), 77(2), 77(3), 78,
83A(1), 83A(3), 83B(1), 104(3),
105(4), 114A(4), 115(1), 117(1)
or 142(2); or
15 (b) an offence against a provision of the
regulations that is prescribed.".
8 Substitution of section 140A consequential to
commencement of Part 2 of the Electricity Safety
Amendment Act 2007
20 In section 140A of the Electricity Safety Act
1998, for the definition of prescribed offence
substitute--
"prescribed offence means--
(a) an offence against section 30, 32, 35(1),
25 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b),
43(4), 44(2), 44(3), 45(1), 45(2), 45(3),
45(4), 45A(1), 45A(3), 45B(4),
45B(9)(a), 45B(9)(b), 54, 57(2), 60(2),
68, 76(1), 77(1), 77(2), 77(3), 78,
30 83A(1), 83A(3), 83B(1), 108, 110, 119,
120B, 120H(4) or 142(2); or
(b) an offence against a provision of the
regulations that is prescribed.".
__________________
561183B.I-15/4/2008 6 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Part 3--Amendment of Geothermal Energy Resources Act 2005
s. 9
PART 3--AMENDMENT OF GEOTHERMAL ENERGY
RESOURCES ACT 2005
9 Procedure if tender does not result in the granting
of a permit
5 (1) For section 23(2) of the Geothermal Energy See:
Act No.
Resources Act 2005 substitute-- 7/2005
and
"(2) The Minister may-- amending
Act Nos
(a) invite further applications for an 16/2006,
63/2006 and
exploration permit for the relevant area; 4/2008.
10 or LawToday:
www.
(b) commence a new tender process under legislation.
vic.gov.au
section 18.".
(2) In section 23(3) of the Geothermal Energy
Resources Act 2005--
15 (a) for "Sections 18" substitute "Sections 19";
(b) for "subsection (2)" substitute
"subsection (2)(a)".
(3) After section 23(3) of the Geothermal Energy
Resources Act 2005 insert--
20 "(3A) If the Minister invites further applications
under subsection (2)(a) the Minister may
specify--
(a) new chief factors that will be
considered by him or her in assessing
25 those applications; and
(b) the date by which applications must be
made.
(3B) If the Minister specifies new chief factors
under subsection (3A), the Minister must
30 state whether he or she will also consider the
chief factors originally specified under
section 18.".
561183B.I-15/4/2008 7 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Part 3--Amendment of Geothermal Energy Resources Act 2005
s. 10
(4) In section 23(4) of the Geothermal Energy
Resources Act 2005, after "application" insert
"in response to an invitation under
subsection (2)(a)".
5 10 New section 23A inserted
After section 23 of the Geothermal Energy
Resources Act 2005 insert--
"23A Priority of competing applications in
respect of same land
10 (1) If more than one application under section
23(2)(a) is received on the same day in
respect of the same land, the Minister must
assign an order of priority to those
applications.
15 (2) In assessing the order of priority under
subsection (1), the Minister must take into
account the chief factors set out in sections
20(2)(a) to 20(2)(e).
(3) The application that has been assigned the
20 highest priority under this section must be
assessed without regard to anything
contained in applications having a lower
priority.".
11 Right to apply for lease
25 At the end of section 34 of the Geothermal
Energy Resources Act 2005 insert--
"(2) An application for a retention lease must be
made at least 90 days before the applicant's
exploration permit is due to expire.
30 (3) Despite subsection (2), the Minister may on
the payment of any late fee required by the
regulations consider an application for a
retention lease that does not comply with that
subsection.".
__________________
561183B.I-15/4/2008 8 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Part 4--Amendment of Mineral Resources (Sustainable Development) Act
s. 12
1990
PART 4--AMENDMENT OF MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990
12 Variation of work plan on application of a licensee
In section 41(6) of the Mineral Resources See:
Act No.
5 (Sustainable Development) Act 1990, for 92/1990.
"subsection (4)" substitute "subsection (3)". Reprint No. 7
as at
9 February
2007
and
amending
Act Nos
16/2006 and
63/2006.
LawToday:
www.
legislation.
vic.gov.au
13 Amendment of reference to regulations
In section 43B(2) of the Mineral Resources
(Sustainable Development) Act 1990, for
10 "Fire Protection Regulations 1992" substitute
"Forests (Fire Protection) Regulations 2004".
14 Tourist fossicking authority
(1) In section 59(1) of the Mineral Resources
(Sustainable Development) Act 1990, after
15 "the holder" (where first occurring) insert
", or any employee or agent of the holder if the
holder is not a natural person,".
(2) In section 59(1A) of the Mineral Resources
(Sustainable Development) Act 1990, for
20 "the holder is entitled" substitute "the holder, or
any employee or agent of the holder if the holder
is not a natural person, are entitled".
561183B.I-15/4/2008 9 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Part 4--Amendment of Mineral Resources (Sustainable Development) Act
s. 15
1990
15 Increased penalty--obligation of holder of tourist
fossicking authority
For the penalty at the foot of section 62(3) of the
Mineral Resources (Sustainable Development)
5 Act 1990 substitute--
"Penalty: 50 penalty units.".
16 Repeal of redundant provisions
(1) Section 108 of the Mineral Resources
(Sustainable Development) Act 1990 is
10 repealed.
(2) Section 124(1)(e) of the Mineral Resources
(Sustainable Development) Act 1990 is
repealed.
__________________
561183B.I-15/4/2008 10 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Part 5--Amendment of Pipelines Act 2005
s. 17
PART 5--AMENDMENT OF PIPELINES ACT 2005
17 Increased penalties for certain offences
(1) For the penalty at the foot of section 14 of the See:
Act No.
Pipelines Act 2005 substitute-- 61/2005
and
5 "Penalty: In the case of a natural person, amending
Act Nos
240 penalty units; 29/2006 and
60/2006.
In the case of a body corporate, LawToday:
1200 penalty units.". www.
legislation.
(2) For the penalty at the foot of section 15 of the vic.gov.au
10 Pipelines Act 2005 substitute--
"Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.".
15 18 Applicant for compulsory acquisition of easement to
comply with approved consultation plan
After section 95(1) of the Pipelines Act 2005
insert--
"(1A) In considering whether the proponent or
20 licensee has taken all reasonable steps for the
purposes of subsection (1)(a), the Minister
may consider whether the proponent or
licensee has satisfied the requirements set
out in an approved consultation plan.".
__________________
561183B.I-15/4/2008 11 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Part 6--Amendment of Other Acts
s. 19
PART 6--AMENDMENT OF OTHER ACTS
See: 19 Amendment of Electricity Industry Act 2000
Act No.
68/2000.
Reprint No. 4
In section 16(2) of the Electricity Industry Act
as at 2000 for "the Public Transport Corporation
9 November
5 2006
established under the Transport Act 1983"
and substitute "a passenger transport company within
amending
Act Nos
the meaning of the Transport Act 1983".
35/2007 and
55/2007.
LawToday:
www.
legislation.
vic.gov.au
See: 20 Amendment of Electricity Safety Amendment
Act No.
61/2007. Act 2007
Statute Book:
10 www. In section 7 of the Electricity Safety
legislation.
vic.gov.au
Amendment Act 2007--
(a) in proposed section 117(3) of the Electricity
Safety Act 1998, for "the network operator
referred to in section 116" substitute "the
15 person"; and
(b) for the penalty at the foot of proposed
section 120H(4) of the Electricity Safety
Act 1998 substitute--
"Penalty: 200 penalty units.".
20 See: 21 Amendment of Petroleum Act 1998
Act No.
96/1998.
Reprint No. 1
At the end of section 38 of the Petroleum Act
as at 1998 insert--
18 September
2007. "(2) An application for a retention lease must be
LawToday:
www. made at least 90 days before the applicant's
25 legislation. exploration permit is due to expire.
vic.gov.au
(3) Despite subsection (2), the Minister may on
the payment of any late fee required by the
regulations consider an application for a
561183B.I-15/4/2008 12 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Part 6--Amendment of Other Acts
s. 21
retention lease that does not comply with that
subsection.".
__________________
561183B.I-15/4/2008 13 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Part 7--Repeal of Amending Act
s. 22
PART 7--REPEAL OF AMENDING ACT
22 Repeal of amending Act
This Act is repealed on 1 January 2011.
Note
5 The repeal of this Act does not affect the continuing operation of
the amendments made by it (see section 15(1) of the
Interpretation of Legislation Act 1984).
561183B.I-15/4/2008 14 BILL LA INTRODUCTION 15/4/2008
Energy and Resources Legislation Amendment Bill 2008
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
561183B.I-15/4/2008 15 BILL LA INTRODUCTION 15/4/2008
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