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PARLIAMENT OF VICTORIA
Energy Legislation (Miscellaneous Amendments)
Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
1. Purposes 2
2. Commencement 2
3. Amendments to the Electricity Safety Act 1998 2
4. Amendments to the Electricity Industry Act 2000 3
5. Amendment to the Gas Industry Act 2001 4
6. Amendments to the Fuel Emergency Act 1977 5
ENDNOTES 6
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551279B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
PARLIAMENT OF VICTORIA
A BILL
to amend the Electricity Safety Act 1998 in relation to the level of
safety to be provided under electricity safety management schemes
submitted by network operators, to amend the Electricity Industry
Act 2000 in relation to the methodology for determining amounts
payable by generation companies for land use, to amend the Gas
Industry Act 2001 to provide that a review of VENCorp may be
undertaken before 2007 and to amend the Fuel Emergency Act 1977
in relation to proclamations declaring a state of emergency due to a
fuel shortage and for other purposes.
Energy Legislation (Miscellaneous
Amendments) Act 2005
The Parliament of Victoria enacts as follows:
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551279B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Energy Legislation (Miscellaneous Amendments) Act 2005
s. 1
Act No.
1. Purposes
The purposes of this Act are--
(a) to amend the Electricity Safety Act 1998 in
relation to the level of safety to be provided
under electricity safety management schemes
5
submitted by network operators; and
(b) to amend the Electricity Industry Act 2000
in relation to the methodology for
determining amounts payable by generation
companies for land use; and
10
(c) to amend the Gas Industry Act 2001 to
provide that a review of VENCorp may be
undertaken before 2007; and
(d) to amend the Fuel Emergency Act 1977 in
relation to proclamations declaring a state of
15
emergency due to a fuel shortage.
2. Commencement
This Act comes into operation on the day after the
day on which it receives the Royal Assent.
See: 3. Amendments to the Electricity Safety Act 1998
20 Act No.
25/1998.
(1) In section 3 of the Electricity Safety Act 1998
Reprint No. 3
insert the following definition--
as at
29 July 2002
' "practicable", in sections 111 and 119, means
and
amending
practicable having regard to--
Act Nos
40/2003,
(a) the severity of the hazard or risk in
25 12/2004,
question; and
25/2004 and
108/2004.
LawToday:
(b) the state of knowledge about the hazard
www.dms.
or risk and any ways of removing or
dpc.vic.
gov.au
mitigating the hazard or risk; and
(c) the availability and suitability of ways
30
to remove or mitigate the hazard or
risk; and
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551279B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Energy Legislation (Miscellaneous Amendments) Act 2005
s. 4
Act No.
(d) the cost of removing or mitigating the
hazard or risk;'.
(2) For section 111(1)(ab) of the Electricity Safety
Act 1998 substitute--
"(ab) in the case of a scheme submitted by a
5
network operator, the Office is satisfied that
the level of safety to be provided by the
scheme minimises as far as practicable--
(i) the hazards and risks to the safety of
any person arising from the upstream
10
network to which the scheme applies;
and
(ii) the hazards and risks of damage to the
property of any person arising from the
upstream network to which the scheme
15
applies; and
(ac) in the case of any other scheme, the Office is
satisfied that the level of safety to be
provided by the scheme is not less than the
level of safety which is required to be
20
provided by this Act and the regulations;
and".
See:
4. Amendments to the Electricity Industry Act 2000 Act No.
68/2000.
(1) For section 94(6) of the Electricity Industry Act Reprint No. 2
2000 substitute--
25 as at
1 July 2004
"(6) In determining an amount required to be paid and
amending
under sub-section (5), an arbitrator must Act Nos
have regard to any methodology prescribed 106/2003,
12/2004,
by an Order under sub-section (6A). 25/2004,
75/2004,
(6A) The Governor in Council may, by Order
30 82/2004,
published in the Government Gazette, 86/2004 and
91/2004.
prescribe a methodology for determining LawToday:
amounts payable under sub-section (5). www.dms.
dpc.vic.
gov.au
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551279B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Energy Legislation (Miscellaneous Amendments) Act 2005
s. 5
Act No.
(6B) A power may only be exercised under sub-
section (6A) on the joint recommendation of
the Minister and the Minister administering
the Local Government Act 1989.".
(2) In section 94(9) of the Electricity Industry Act
5
2000--
(a) for the definition of "land used for
generation functions" substitute--
' "land used for generation functions"
means land on which a power station is
10
situated--
(a) whether or not the land consists of
more than one parcel of land; and
(b) if the land consists of more than
one parcel, whether or not those
15
parcels are contiguous or in the
same ownership;';
(b) for the definition of "relevant council"
substitute--
' "relevant council" means any council in
20
whose municipal district any land used
for generation functions (or any part of
that land) is situated.'.
See: 5. Amendment to the Gas Industry Act 2001
Act No.
31/2001.
In section 205(1) of the Gas Industry Act 2001
25 Reprint No. 2
omit "in 2007".
as at
1 March 2005
and
amending
Act Nos
25/2004 and
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
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551279B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Energy Legislation (Miscellaneous Amendments) Act 2005
s. 6
Act No.
6. Amendments to the Fuel Emergency Act 1977 See:
Act No.
In section 3 of the Fuel Emergency Act 1977-- 8976.
Reprint No. 1
(a) in sub-section (1), after "persons" insert "or as at
31 December
an event has occurred or is about to occur"; 1996.
LawToday:
(b) in sub-section (3), for "seven days"
5 www.dms.
substitute "3 months". dpc.vic.
gov.au
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551279B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
Energy Legislation (Miscellaneous Amendments) Act 2005
Endnotes
Act No.
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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551279B.I1-4/5/2005 BILL LA INTRODUCTION 4/5/2005
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