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This is a Bill, not an Act. For current law, see the Acts databases.
PARLIAMENT OF VICTORIA
Pipelines Act 2005
Act No.
TABLE OF PROVISIONS
Clause Page
PART 1--PRELIMINARY 1
1. Purpose 1
2. Commencement 1
3. Objectives 2
4. Principles of sustainable development 2
5. Definitions 4
6. Reference provisions 8
7. Meaning of "petroleum" 8
8. Act binds the Crown 9
PART 2--APPLICATION OF ACT 10
9. To which pipelines does this Act apply? 10
10. Certain pipelines exempt 10
11. Minister may declare pipelines to which this Act is to apply 10
12. Minister may declare pipelines to which this Act is not to
apply 11
13. Application of Act in connection with adjacent area 11
PART 3--CONTROL OF PIPELINES 12
14. Offence to construct pipeline without a licence 12
15. Offence to operate pipeline without a licence 12
PART 4--PRE-LICENCE PROCESS 13
Division 1--Consultation Plans 13
16. When must a consultation plan be prepared? 13
17. Requirements for consultation plan 13
18. Plan to be submitted to Minister for approval 14
Division 2--Pre-licence Surveys 15
19. Notice of intention to enter land for survey 15
20. Proponent must seek agreement or consent to entry for survey 15
21. Consent to entry onto Crown land 15
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Clause Page
22. Application where agreement for entry to land cannot be
reached 16
23. Notice to owners and occupiers of application 17
24. Advice to Minister from owners and occupiers of land 17
25. Minister may consent to entry onto land 17
26. Effect of consent 19
Division 3--Notice of Pipeline Corridor 20
27. Proponent to give notice to owners and occupiers of land in
pipeline corridor 20
PART 5--PIPELINE LICENCE PROCESS 21
Division 1--Licence Application 21
28. Who may apply for a licence? 21
29. How must an application be made? 21
30. What must the application contain? 21
31. Minister may ask for more information 22
32. Notice of application 22
33. Co-ordination of notices and notice periods 23
34. Submissions 23
35. Copies of submissions to be given to proponent 24
36. Amendment of application 24
37. Request for decision on application 24
38. Decision as to whether to refer submissions to panel 24
39. Referral of submissions to panel 25
Division 2--Panel to Consider Submissions 25
40. Appointment of panel 25
41. Composition of panel 25
42. Chairperson 25
43. Fees and allowances 25
44. Procedure of panel 26
45. Hearings 26
46. Costs of panel 26
47. Report of panel 27
Division 3--Decision on Application 27
48. When must an application be determined? 27
49. What matters must the Minister consider? 28
50. Licence not to be granted for pipeline on wilderness Crown
land 29
51. Consent required for grant of licence for pipeline in national
park 29
52. Licence may permit construction in adjacent area 29
53. Decision on application 30
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54. Conditions of licence 30
55. Minister may impose pre-conditions 31
56. Minister not to issue licence unless certain requirements met 31
57. Issue of licence 32
Division 4--Operation of Licence 32
58. What does the licence authorise? 32
59. Licence to remain in force indefinitely 32
60. When must construction commence? 33
61. When must construction be completed? 33
Division 5--Amendment of Conditions 34
62. Minister may amend conditions without request 34
63. Minister may amend conditions on request 34
64. Right to seek review of decision to amend conditions 35
Division 6--Alteration of Authorised Route 36
65. Alteration of authorised route to be under this Division 36
66. Application to alter authorised route--minor alterations 36
67. Decision on application under section 66 36
68. Application to alter authorised route--significant alterations 37
69. Minister not to alter authorised route unless certain
requirements met 38
70. Decision on application under section 68 38
71. Altered route becomes authorised route 39
Division 7--Consolidation of Licences 40
72. Application of Division 40
73. Application for amended licence 40
74. Form of application 40
75. Minister may ask for further information 41
76. Minister to be satisfied of certain matters 41
77. Decision on application 41
78. When does the consolidated licence take effect? 41
Division 8--Transfer, Surrender and Cancellation of Licences 42
79. Transfer of licence 42
80. Surrender of licence 42
81. Cancellation of licence 43
82. Decommissioning plan before cancellation 44
83. Right to seek review of decision to cancel 45
84. Revocation of pipeline easement 45
Division 9--Application of Planning Laws 46
85. Application of planning laws 46
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551305B.I1-10/8/2005 BILL LA INTRODUCTION 10/8/2005
Clause Page
PART 6--ACCESS TO LAND FOR PIPELINE 47
Division 1--Authorities over Public Land 47
86. Licence or authority over Crown land for pipeline 47
87. Public authority may grant easements etc. for pipelines 47
88. Minister may grant authority over public authority land 48
Division 2--Purchase or Acquisition of Easements 49
89. Purchase of easement 49
90. Application for consent for compulsory acquisition of
easement 49
91. Notice to owners and occupiers 50
92. Proponent or licensee to lodge notice with Registrar 51
93. Effect of notice under section 91 52
94. Restrictions on dealings with land 52
95. Decision of Minister 52
96. Compulsory acquisition 53
97. Easement to be easement in gross 53
Division 3--Emergency Access to Land 54
98. Emergency access to land 54
PART 7--CONSTRUCTION OF PIPELINE 55
Division 1--General Requirements 55
99. Construction to be along authorised route 55
100. Construction to comply with standards and conditions 55
Division 2--Pipelines and Infrastructure 56
101. Pipelines and railways 56
102. Pipelines, roads, bridges and road infrastructure 56
103. Pipelines and electrical apparatus and other pipelines 57
104. Licensee responsible for extra expense incurred by authorities 58
105. Governor in Council to settle disputes 58
Division 3--Obstruction of Construction 58
106. Offence to obstruct construction of pipeline 58
PART 8--OPERATION OF PIPELINE 60
Division 1--General Operation 60
107. Commencement or resumption of operation needs consent 60
108. Decision to consent 60
109. Operation to comply with standards, specifications and
conditions 61
110. Payment of annual fee 61
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111. Only authorised things to be conveyed through pipeline 61
112. Licensee must consult before making an application 62
113. Minister may authorise other use of pipeline 62
Division 2--Safety and Environment Requirements 63
114. Minister may impose requirements 63
115. Minister may restrict use of pipeline 63
116. Mandatory notice of incidents 64
Division 3--Interference with Operation 65
117. Offence to obstruct operation of pipelines 65
118. Digging near pipelines 66
119. Interference with pipeline 66
120. Restriction on building on land near pipeline 67
Division 4--Third Party Access 68
121. Agreement to share use of pipeline 68
122. Direction by Minister about shared use of pipeline 68
123. Third party access to easements 69
PART 9--MANAGEMENT PLANS 71
Division 1--General Duties of Safety and Environment Protection 71
124. Duties of licensee for safety and environment protection 71
125. What is reasonably practicable? 71
Division 2--Safety Management Plans 72
126. Safety Management Plan to be prepared 72
127. No operation without accepted Plan 72
128. Acceptance of Safety Management Plan 72
129. Plan must be observed in carrying out operation 73
130. Energy Safe Victoria may permit amendment of Safety
Management Plan 73
131. Energy Safe Victoria may require amendment of Safety
Management Plan 74
132. Review of Safety Management Plan 74
Division 3--Environment Management Plans 74
133. Environment Management Plan to be prepared 74
134. No operation without accepted Plan 75
135. Acceptance of Environment Management Plan 75
136. Plan must be observed in carrying out operation 76
137. Minister may permit amendment of Environment
Management Plan 76
138. Minister may require amendment of Environment
Management Plan 76
139. Review of Environment Management Plan 77
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PART 10--REHABILITATION AND COMPENSATION 78
Division 1--Rehabilitation Bond 78
140. What is a rehabilitation bond? 78
141. Requirement to take out rehabilitation bond 78
142. Minister may require increased rehabilitation bond 79
143. Return of bond if rehabilitation satisfactory 79
Division 2--Insurance 80
144. Insurance must be held 80
Division 3--Rehabilitation 80
145. Rehabilitation by licensee after construction 80
146. Rehabilitation on decommissioning of pipeline 80
147. Rehabilitation on cancellation or surrender of licence 81
148. Rehabilitation by owner 81
149. Rehabilitation by Minister 82
150. Minister may remove pipeline or equipment 82
Division 4--Compensation 83
151. Owner's and occupier's right to compensation 83
152. Compensation for third party access 84
153. When must a claim for compensation be brought? 84
154. Determination of compensation by VCAT 84
PART 11--ENFORCEMENT 86
Division 1--Directions of Minister 86
155. Power of Minister to give directions 86
156. Offence to fail to comply with direction 86
Division 2--Inspection Powers 87
157. Authorisation of inspectors 87
158. Identity cards 87
159. Production of identity card 87
160. Monitoring compliance with this Act 88
161. Emergencies 89
162. Offence-related searches and seizures 90
163. Occupier to be given copy of consent 91
164. Search warrant 91
165. Announcement before entry 93
166. Copy of warrant to be given to occupier 93
167. Receipt must be given for any thing seized 94
168. Copies of certain seized things to be given 94
169. Use of equipment to examine or process things 95
170. Use or seizure of electronic equipment at premises 96
171. Taking samples 97
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Clause Page
172. Compensation for damage 97
173. Return of seized things 98
174. Magistrates' Court may extend period 98
175. Requirement to assist inspector during entry 99
176. Refusal or failure to comply with requirement 99
177. Protection against self-incrimination 100
178. Offence to give false or misleading information 100
179. Offence to obstruct inspector 101
Division 3--Improvement and Prohibition Notices 101
180. Improvement notice 101
181. Prohibition notice 102
182. Right to review 103
183. Defences to charge of failing to comply with a notice 104
PART 12--ADMINISTRATIVE MATTERS 105
Division 1--Delegation 105
184. Delegation by Minister 105
185. Delegation by the Secretary 105
Division 2--Pipelines Register 105
186. Pipelines Register 105
187. Correction of Pipelines Register 106
188. Disclosure of registered information 106
189. Offences 107
PART 13--REGULATIONS 108
190. Regulations 108
PART 14--TRANSITIONAL PROVISIONS 110
191. Definition 110
192. General transitional provisions 110
193. Superseded references 110
194. Existing permits and licences 111
195. Authorised route of existing pipeline 112
196. Application for permit for new pipeline 112
197. Existing application for permit for existing pipeline 112
198. New application for existing pipeline 113
199. Application to vary authorised route of pipeline 113
200. Application for consolidation of permits 113
201. Application for variation of permit or licence 113
202. Application for consent to transfer permit or licence 114
203. Authorisation to convey thing through pipeline 114
204. Direction to share use of pipeline 114
205. Compulsory acquisition 114
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Clause Page
206. Consent of Minister for operation of pipeline 115
207. Continuation of hearing under section 41 115
208. Deemed Safety Management Plan--gas pipeline 115
209. Deemed Safety Management Plan--Plans required by old
regulations 116
210. Delayed operation of sections 126 and 127 for certain existing
pipelines 117
211. Deemed Environment Management Plans--Plan required by
existing licence 117
212. Delayed operation of sections 133 and 134 for certain existing
pipelines 118
PART 15--REPEAL AND AMENDMENT OF OTHER ACTS 119
213. Repeal of Pipelines Act 1967 119
214. Repeal of Pipelines (Permits) Act 1984 119
215. Repeal of Pipelines (Amendment) Act 1996 119
216. Dangerous Goods Act 1985 120
217. Gas Industry Act 2001 120
218. Melbourne City Link Act 1995 121
219. National Parks Act 1975 121
220. Petroleum Act 1998 122
221. Road Management Act 2004 122
222. Safety on Public Land 2004 122
223. Victorian Civil and Administrative Tribunal Act 1998 123
__________________
SCHEDULES 124
SCHEDULE 1--Pipelines Excluded from Act 124
SCHEDULE 2--Panel Hearings 126
ENDNOTES 128
viii
551305B.I1-10/8/2005 BILL LA INTRODUCTION 10/8/2005
PARLIAMENT OF VICTORIA
A BILL
to re-enact with amendments the laws relating to the construction and
operation of pipelines in Victoria, to repeal the Pipelines Act 1967
and for other purposes.
Pipelines Act 2005
The Parliament of Victoria enacts as follows:
PART 1--PRELIMINARY
1. Purpose
The main purpose of this Act is to re-enact with
amendments the laws relating to the construction
and operation of pipelines in Victoria.
5
2. Commencement
(1) This Act comes into operation on a day or days to
be proclaimed.
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551305B.I1-10/8/2005 BILL LA INTRODUCTION 10/8/2005
Pipelines Act 2005
Act No.
Part 1--Preliminary
s. 3
(2) If a provision of this Act does not come into
operation before 1 July 2007, it comes into
operation on that day.
3. Objectives
The objectives of this Act are--
5
(a) to facilitate the development of pipelines for
the benefit of Victoria;
(b) to create an effective, efficient and flexible
regulatory system for the construction and
operation of pipelines;
10
(c) to establish sound consultative processes
relating to the construction and operation of
pipelines;
(d) to establish processes to determine the most
efficient and suitable route for each pipeline;
15
(e) to protect the public from environmental,
health and safety risks resulting from the
construction and operation of pipelines;
(f) to ensure that pipelines are constructed and
operated in a way that minimises adverse
20
environmental impacts and has regard for the
need for sustainable development.
4. Principles of sustainable development
(1) It is the intention of Parliament that in the
administration of this Act regard should be given
25
to the principles of sustainable development.
(2) For the purposes of this Act the principles of
sustainable development are--
(a) individual and community wellbeing and
welfare should be enhanced by following a
30
path of economic development that
safeguards the welfare of future generations;
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Pipelines Act 2005
Act No.
Part 1--Preliminary
s. 4
(b) there should be equity within and between
generations;
(c) biological diversity should be protected and
ecological integrity maintained;
(d) there should be recognition of the need to
5
develop a strong, growing, diversified and
internationally competitive economy that can
enhance the capacity for environment
protection;
(e) measures to be adopted should be cost
10
effective and flexible, not disproportionate to
the issues being addressed, including
improved valuation, pricing and incentive
mechanisms;
(f) both long and short term economic,
15
environmental, social and equity
considerations should be effectively
integrated into decision-making;
(g) if there are threats of serious or irreversible
environmental damage, lack of full scientific
20
certainty should not be used as a reason for
postponing measures to prevent
environmental degradation;
(h) decision-making should be guided by--
(i) a careful evaluation to avoid serious or
25
irreversible damage to the environment
wherever practicable; and
(ii) an assessment of the risk-weighted
consequences of various options;
(i) development should make a positive
30
contribution to regional development and
respect the aspirations of the community and
of Indigenous peoples;
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Pipelines Act 2005
Act No.
Part 1--Preliminary
s. 5
(j) decisions and actions should provide for
community involvement in issues that affect
them.
5. Definitions
In this Act--
5
"amend" in relation to the conditions of a
licence, includes adding conditions to, and
removing conditions from, the licence;
"apparatus and works" in relation to a pipe or
system of pipes, includes--
10
(a) apparatus for inducing or facilitating
the flow or movement of anything
through the pipe or system of pipes;
(b) apparatus or structures for giving
protection or support to the pipe or
15
system of pipes;
(c) apparatus for transmitting information
or instruction with regard to the
operation of the pipe or system of
pipes;
20
(d) apparatus and facilities required to
maintain the pipe or system of pipes;
(e) apparatus or facilities permitting the
addition of anything to or removal of
anything from the pipe or system of
25
pipes to facilitate flow;
(f) apparatus and facilities required for the
inspection or safe operation of the pipe
or system of pipes;
(g) prime movers for the operation of any
30
apparatus or works mentioned in
paragraph (a) or (e);
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Pipelines Act 2005
Act No.
Part 1--Preliminary
s. 5
"approved consultation information", in
relation to a proposed pipeline, means the
information to be provided to owners and
occupiers that is included in an approved
consultation plan for that pipeline;
5
"approved consultation plan" means a
consultation plan approved under Division 1
of Part 4;
"construction", in relation to a pipeline, includes
the placing or testing of the pipeline;
10
"Crown land" means land that is, or that is by
any Act deemed to be, unalienated land of
the Crown, and includes--
(a) land of the Crown that is reserved
permanently or temporarily by or under
15
any Act; and
(b) land of the Crown that is occupied by a
person under a lease, licence or other
right under this or any other Act--
but does not include land that is subject to a
20
licence granted under Part 3A of the
Victorian Plantations Corporation Act
1993;
"Crown Land Minister", in relation to Crown
land, means the Minister for the time being
25
responsible for the Act under which the land
is controlled or managed;
"Department" means the Department of Primary
Industries;
"Energy Safe Victoria" means Energy Safe
30
Victoria established under the Energy Safe
Victoria Act 2005;
"Environment Effects Minister" means the
Minister for the time being administering the
Environment Effects Act 1978;
35
5
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Pipelines Act 2005
Act No.
Part 1--Preliminary
s. 5
"hydrocarbon" means a compound of hydrogen
and carbon in the liquid or gaseous state, or a
mixture consisting mainly of such
compounds;
"improvement notice" means an improvement
5
notice issued under section 180;
"inspector" means a person authorised by the
Minister under section 157;
"licence" means a licence issued by the Minister
under Part 5;
10
"licensee", in relation to a pipeline, means a
person who is the holder of a licence issued
under Part 5 for the construction and
operation of that pipeline;
"Native Title Act" means the Native Title Act
15
1993 of the Commonwealth;
"native title holder" has the same meaning as in
the Native Title Act;
"occupier" means a lessee or licensee of land;
"operation", in relation to a pipeline, includes
20
maintenance, alteration, decommissioning
and removal of the pipeline;
"owner", in relation to Crown land, includes the
native title holder of the land;
"petroleum" has the meaning set out in section 7;
25
"pipe or system of pipes" includes--
(a) all apparatus and works associated with
the pipe or system of pipes; and
(b) a part of the pipe or system of pipes;
6
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Pipelines Act 2005
Act No.
Part 1--Preliminary
s. 5
"pipeline" means a pipe or system of pipes for
the conveyance of anything through the pipe
or system of pipes;
Note: Part 2 identifies the pipelines to which this Act
5 applies.
"pipeline operation" means the construction or
operation of a pipeline;
"Planning Minister" means the Minister for the
time being administering the Planning and
Environment Act 1987;
10
"private land" means land that is not Crown
land;
"prohibition notice" means a notice issued under
section 181;
"proponent" means a person who proposes to
15
apply for or who is an applicant for a licence
to construct and operate a pipeline;
"proposed pipeline corridor" means a corridor
of land within which a pipeline is proposed
to be constructed;
20
"public authority" means any body corporate
established by or under an Act for a public
purpose other than a municipal council;
"rehabilitation bond" has the meaning set out in
section 140;
25
"responsible authority" means responsible
authority under the Planning and
Environment Act 1987;
"retention period" means a period of 60 days
after the seizure of a thing under this Act;
30
"Secretary" means Secretary to the Department;
"survey" includes examination;
7
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Pipelines Act 2005
Act No.
Part 1--Preliminary
s. 6
"Victorian Rail Track" means Victorian Rail
Track established by Division 2 of Part 2 of
the Rail Corporations Act 1996;
"Water Minister" means the Minister for the
time being administering the Water Act
5
1989;
"wilderness Crown land" means land that is--
(a) a reference area under the Reference
Areas Act 1978; or
(b) a wilderness zone or wilderness park
10
under the National Parks Act 1975.
6. Reference provisions
(1) A reference in this Act to a pipeline area is a
reference to any area in the authorised route of a
pipeline.
15
(2) A reference in this Act to this Act includes a
reference to the regulations.
(3) For the purposes of this Act, a person carries out a
pipeline operation by starting, or continuing to
carry on, that operation.
20
7. Meaning of "petroleum"
(1) For the purposes of this Act, petroleum is--
(a) any naturally occurring or processed
hydrocarbon; or
(b) any naturally occurring or processed mixture
25
of hydrocarbons; or
(c) any naturally occurring or processed mixture
of one or more hydrocarbons and one or
more of the following: hydrogen sulphide,
nitrogen, helium, carbon dioxide or water.
30
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Act No.
Part 1--Preliminary
s. 8
(2) For the purposes of this Act petroleum includes
any petroleum as defined by sub-section (1)(a),
(1)(b) or (1)(c) and any petroleum product
specified by the regulations for the purposes of
this section that has been returned to a reservoir in
5
Victoria.
(3) For the purposes of this Act petroleum does not
include any naturally occurring hydrocarbon, or
mixture of hydrocarbons, within a deposit of coal
or oil shale.
10
8. Act binds the Crown
This Act binds the Crown in right of Victoria and,
so far as the legislative power of the Parliament
permits, the Crown in all its other capacities.
__________________
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Pipelines Act 2005
Act No.
Part 2--Application of Act
s. 9
PART 2--APPLICATION OF ACT
9. To which pipelines does this Act apply?
This Act applies to--
(a) a pipeline for the conveyance of petroleum,
oxygen, carbon dioxide, hydrogen, nitrogen,
5
compressed air, sulphuric acid or methanol
through the pipeline; and
(b) any pipeline declared under section 11 to be
a pipeline to which this Act applies.
10. Certain pipelines exempt
10
Despite section 9, this Act does not apply to--
(a) a pipeline specified in Schedule 1; or
(b) a pipeline declared under section 12 to be a
pipeline to which this Act does not apply.
11. Minister may declare pipelines to which this Act is
15
to apply
(1) The Minister may by order published in the
Government Gazette declare any pipeline or
proposed pipeline to be a pipeline to which this
Act applies.
20
(2) The Minister may make a declaration under sub-
section (1) if the Minister considers that--
(a) it is necessary to regulate the pipeline under
this Act for safety or environmental reasons;
or
25
(b) it is in the public interest for the pipeline to
be regulated under this Act; or
(c) it is otherwise appropriate to do so.
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Act No.
Part 2--Application of Act
s. 12
12. Minister may declare pipelines to which this Act is
not to apply
(1) The Minister may by order published in the
Government Gazette declare any pipeline or
proposed pipeline to be a pipeline to which this
5
Act does not apply.
(2) The Minister may make a declaration under sub-
section (1) if the Minister considers that--
(a) the pipeline is safe and it is appropriate to
exclude it; or
10
(b) there is a minimal risk that the pipeline will
have a substantial adverse environmental
impact; or
(c) it is otherwise appropriate to do so.
13. Application of Act in connection with adjacent area
15
Subject to section 52, this Act applies to all land
in Victoria, other than land that is within the area
defined as the adjacent area in the Petroleum
(Submerged Lands) Act 1982.
__________________
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Pipelines Act 2005
Act No.
Part 3--Control of Pipelines
s. 14
PART 3--CONTROL OF PIPELINES
14. Offence to construct pipeline without a licence
A person must not construct a pipeline unless a
licence to construct and operate that pipeline has
been issued under this Act.
5
Penalty: In the case of a natural person,
120 penalty units;
In the case of a body corporate,
600 penalty units.
15. Offence to operate pipeline without a licence
10
A person must not operate a pipeline unless a
licence to construct and operate that pipeline has
been issued under this Act.
Penalty: In the case of a natural person,
120 penalty units;
15
In the case of a body corporate,
600 penalty units.
__________________
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Pipelines Act 2005
Act No.
Part 4--Pre-licence Process
s. 16
PART 4--PRE-LICENCE PROCESS
Division 1--Consultation Plans
16. When must a consultation plan be prepared?
(1) A proponent for a pipeline must prepare a
consultation plan for the proposed pipeline before
5
the proponent does the first of the following in
relation to that pipeline--
(a) gives a notice of intention to enter land under
Division 2; or
(b) gives a notice of a pipeline corridor under
10
Division 3.
(2) The purpose of the consultation plan is to show
how the proponent will consult with owners and
occupiers of land about the proposed pipeline.
17. Requirements for consultation plan
15
(1) A consultation plan must--
(a) be prepared in accordance with the
regulations; and
(b) set out the information that the proponent is
to provide to owners and occupiers of land to
20
whom notice must be given under Division 2
or 3.
(2) The information to be provided to owners and
occupiers of land must include--
(a) general information about the types of
25
activities to be undertaken by the proponent
for the purpose of any survey under
Division 2 or the construction and operation
of the pipeline;
13
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Act No.
Part 4--Pre-licence Process
s. 18
(b) information about how potential adverse
impacts of the construction and operation of
the pipeline on land, health, safety and the
environment are to be managed;
(c) details of the procedures that are to be
5
followed under this Act and any other Act to
permit the construction and operation of the
pipeline including the procedures for any
compulsory acquisition of land;
(d) a statement--
10
(i) advising that owners and occupiers of
land may seek independent advice on
the pipeline proposal; and
(ii) setting out current contact information
for the Department.
15
18. Plan to be submitted to Minister for approval
(1) The proponent must submit a consultation plan to
the Minister for approval.
(2) The Minister must within 21 days after receiving a
consultation plan--
20
(a) decide whether or not to approve the
consultation plan; and
(b) advise the proponent of that decision.
(3) If the Minister decides not to approve a
consultation plan, the proponent may--
25
(a) submit a new consultation plan to the
Minister for approval; or
(b) submit amendments to the consultation plan
to the Minister for approval.
14
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Pipelines Act 2005
Act No.
Part 4--Pre-licence Process
s. 19
(4) If a new consultation plan or amendments to a
consultation plan are submitted to the Minister
under sub-section (3), the Minister must within
21 days after receiving the plan or amendments--
(a) decide whether or not to approve the new
5
consultation plan or the consultation plan as
amended; and
(b) advise the proponent of that decision.
Division 2--Pre-licence Surveys
19. Notice of intention to enter land for survey
10
(1) A proponent for a pipeline must give written
notice to each owner and each occupier of land
and, if the land is Crown land, the Crown Land
Minister of the proponent's intention to enter that
land for the purpose of any survey for the purpose
15
of the proposed pipeline.
(2) A notice under this section must contain the
prescribed information and be accompanied by the
approved consultation information.
20. Proponent must seek agreement or consent to entry
20
for survey
A proponent for a pipeline must take all
reasonable steps to reach agreement with each
owner and each occupier of land in relation to the
entry by the proponent onto the land for the
25
purpose of a survey for the proposed pipeline.
21. Consent to entry onto Crown land
(1) A proponent must seek the consent of the Crown
Land Minister to the entry by the proponent onto
Crown land for the purpose of a survey for the
30
proposed pipeline.
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(2) If an application is made under this section for
consent, the Crown Land Minister may consent to
that entry despite anything to the contrary in any
other Act.
(3) A consent under this section must be in writing
5
and may be given subject to any conditions that
the Crown Land Minister considers appropriate.
(4) The Crown Land Minister must not give a consent
under this section in respect of wilderness Crown
land.
10
22. Application where agreement for entry to land
cannot be reached
(1) A proponent for a pipeline may apply to the
Minister for consent to enter land if--
(a) the proponent wishes to enter the land for the
15
purpose of a survey for the proposed
pipeline; and
(b) the proponent has been unable to obtain the
agreement of an owner or occupier of the
land to do so within 14 days after notice of
20
intention to enter the land was given to that
owner or occupier under section 19.
(2) An application must be in writing and contain the
following information--
(a) evidence of the efforts made by the
25
proponent to reach agreement with the owner
or occupier; and
(b) details of the proposed survey activity; and
(c) details of any possible adverse impact of the
survey on safety or the environment or the
30
use of the land and any measures to be taken
by the proponent to address that impact.
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(3) An application cannot be made under this section
for consent to enter Crown land unless the consent
of the Crown Land Minister has first been
obtained under section 21.
23. Notice to owners and occupiers of application
5
The proponent must--
(a) give a copy of an application under
section 22 to each owner and occupier of the
land to which the application relates; and
(b) advise the owner or occupier of their right
10
under section 24 to advise the Minister of
their reasons for refusing entry.
24. Advice to Minister from owners and occupiers of
land
(1) An owner or occupier of land to which an
15
application under section 22 relates may advise
the Minister of their reasons for refusing to agree
to the entry of the proponent onto the land for
survey purposes.
(2) An advice under sub-section (1) must be in
20
writing and must be made within 7 days after the
owner or occupier receives the copy of the
application under section 23.
25. Minister may consent to entry onto land
(1) Within 28 days after receiving an application
25
under section 22, the Minister must--
(a) consent to the entry onto the land; or
(b) refuse to consent to that entry.
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(2) In making a decision under this section, the
Minister must take into account--
(a) the information provided by the proponent;
and
(b) any advice received from an owner or
5
occupier under section 24; and
(c) any other matters the Minister thinks fit.
(3) The Minister must not give a consent under this
section unless the Minister is satisfied--
(a) with the adequacy of the measures to be
10
taken by the proponent to address any
adverse impact of the survey on safety or the
environment or the use of land; and
(b) that the notice and approved consultation
information were given to each owner and
15
occupier of the land under section 19; and
(c) in the case of Crown land, that the Crown
Land Minister has consented to the entry.
(4) The Minister must not give a consent under this
section in respect of wilderness Crown land.
20
(5) A consent under this section must be in writing
and--
(a) may be given subject to any conditions that
the Minister considers appropriate; and
(b) in the case of Crown land, must be given
25
subject to any conditions imposed in the
consent given by the Crown Land Minister.
(6) The Minister must notify the proponent in writing
if the Minister refuses consent.
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26. Effect of consent
(1) A consent under section 21 or 25 remains in force
for 1 year after the day on which the consent is
granted.
(2) A proponent who obtains a consent under
5
section 25 may, while the consent is in force, enter
the land to which the consent applies.
(3) Subject to sub-section (4), a proponent who
obtains a consent under section 21 may, while the
consent is in force, enter the land to which the
10
consent applies.
(4) If there is a native title holder or occupier of
Crown land to which a consent under section 21
applies, a proponent may only enter the land under
this section if either--
15
(a) any native title holder or occupier has agreed
to that entry under section 20; or
(b) a consent under section 25 is in force
permitting that entry.
(5) The proponent must produce the relevant consent
20
to the owner or occupier of the land before first
entering the land under that consent.
Penalty: In the case of a natural person,
10 penalty units;
In the case of a body corporate,
25
60 penalty units.
(6) An entry under this section is subject to--
(a) the conditions of the consent; and
(b) the regulations.
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Division 3--Notice of Pipeline Corridor
27. Proponent to give notice to owners and occupiers of
land in pipeline corridor
(1) Before applying for a licence to construct and
operate a pipeline, the proponent must give notice
5
of the proposed pipeline to each owner and each
occupier of land in the proposed pipeline corridor.
(2) The notice must--
(a) be in the prescribed form; and
(b) set out the proposed pipeline corridor; and
10
(c) be accompanied by the approved
consultation information for the pipeline
unless this has already been provided to the
owner or occupier under Division 2.
(3) A notice under this section lapses after 12 months,
15
unless the Minister, in writing, extends that
period.
__________________
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Part 5--Pipeline Licence Process
s. 28
PART 5--PIPELINE LICENCE PROCESS
Division 1--Licence Application
28. Who may apply for a licence?
(1) A person may apply to the Minister for a licence
to construct and operate a pipeline.
5
(2) An application cannot be made for a licence to
construct and operate a pipeline unless an
approved consultation plan exists for that pipeline.
(3) Sub-section (2) and Part 4 do not apply in respect
of an application relating to an existing pipeline if
10
a permit or licence was not required under the
Pipelines Act 1967 or this Act for the
construction of the pipeline.
29. How must an application be made?
An application for a licence must be made in
15
writing.
30. What must the application contain?
An application for a licence must--
(a) state the name and address of the proponent;
and
20
(b) state what the proposed pipeline will be used
for; and
(c) contain any other matters that are prescribed;
and
(d) be accompanied by a map of not less than the
25
prescribed scale showing the proposed
pipeline corridor; and
(e) be accompanied by the prescribed
application fee.
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31. Minister may ask for more information
The Minister may ask the proponent for any
further information that the Minister considers
necessary or expedient to enable the Minister to
consider and decide on the application.
5
32. Notice of application
(1) The proponent must give notice of the application
for a licence to--
(a) all owners and occupiers of land directly
affected by the proposed pipeline; and
10
(b) the Planning Minister; and
(c) any relevant Crown Land Minister for
Crown land affected by the pipeline; and
(d) each responsible authority for an area
affected by the pipeline; and
15
(e) any Department Head of a Government
department, public authority, person or body
specified by the Minister.
(2) The notice under sub-section (1) must--
(a) contain the prescribed information; and
20
(b) specify a date determined by the Minister as
the submission date for the application (the
submission date); and
(c) state that until the submission date any
person who may be affected by the grant of
25
the licence may make a written submission
to the Minister about the application.
(3) The notice under sub-section (1) to an owner or
occupier of land must specify where the owner or
occupier may inspect a copy of the licence
30
application and the information that accompanied
that application.
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(4) The proponent must cause a copy of the notice to
be published in a newspaper circulating generally
in Victoria.
(5) Subject to this section, notice of an application
must be given in the manner and within the time
5
specified by the Minister in relation to that
application.
(6) The Secretary must make a copy of the
application and all information accompanying the
application available for inspection by the public
10
in a place and form approved by the Minister.
33. Co-ordination of notices and notice periods
(1) This section applies if a proponent is required to
prepare an Environment Effects Statement in
respect of the proposed pipeline.
15
(2) The notice of the application for the licence
required to be given or published under section 32
may be combined with any notice relating to the
same proposal that is required to be given under
the Environment Effects Act 1978.
20
(3) The period during which notice of the application
for the licence is required to be given or published
under section 32, must coincide, so far as
practicable, with the period, if any, during which
public comments are sought under the
25
Environment Effects Act 1978 in respect of the
environmental effects of the proposed pipeline.
34. Submissions
(1) Any person who may be affected by the grant of a
licence may make a written submission to the
30
Minister about the application for the licence.
(2) A submission relating to an application must be
made on or before the submission date for the
application.
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35. Copies of submissions to be given to proponent
The Minister must--
(a) provide a copy of each submission to the
proponent; and
(b) give the proponent the opportunity to address
5
the matters raised in the submissions.
36. Amendment of application
(1) An applicant may, at any time before a request is
made under section 37 in respect of an
application, submit to the Minister an amendment
10
to the application.
(2) The Minister may determine what, if any,
additional notice of the amended application is
required.
37. Request for decision on application
15
(1) After the submission date for the application, the
proponent may ask the Minister to determine
whether or not to grant the licence.
(2) The request may include details of how the
proponent has addressed or proposes to address
20
any matter raised in the submissions.
38. Decision as to whether to refer submissions to panel
Within 28 days after the receipt of a request under
section 37, the Minister must determine
whether--
25
(a) to refer the submissions to a panel; or
(b) to proceed to determine the application under
Division 3.
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39. Referral of submissions to panel
(1) The Minister must determine to refer the
submissions to a panel if the Minister considers
that the proposed pipeline raises significant
environmental, social or safety risks.
5
(2) The Minister must not refer a submission to a
panel if the matters raised in the submission have
been considered by the Environment Effects
Minister under the Environment Effects Act
1978 in relation to the proposed pipeline.
10
Division 2--Panel to Consider Submissions
40. Appointment of panel
The Minister must appoint a panel to consider all
submissions referred to a panel by the Minister
under Division 1.
15
41. Composition of panel
A panel may consist of one or more persons.
42. Chairperson
If a panel consists of more than one member, the
Minister must appoint one of the members to be
20
chairperson.
43. Fees and allowances
Each member of a panel is entitled to receive any
fees and allowances fixed by the Minister in
respect of that member unless the person is
25
employed by or on behalf of the Crown.
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44. Procedure of panel
The following provisions apply to panels with
more than one member--
(a) in the case of a panel of 2 members, the
chairperson constitutes a quorum;
5
(b) in the case of a panel of more than
2 members, a quorum is half the number of
members constituting the panel, and, if this is
not a whole number, the next highest whole
number;
10
(c) the members of a panel of more than
2 members may appoint a member to act as
chairperson at a meeting of the panel if the
chairperson is unable to attend;
(d) the chairperson has an additional or casting
15
vote if there is an equality of votes at a
meeting of the panel;
(e) if there is a quorum, the panel may act
despite a vacancy in its membership;
(f) the Minister may appoint another member to
20
a panel if there is a vacancy.
45. Hearings
(1) A panel must give a reasonable opportunity to be
heard by it to the proponent and any person who
has stated in a submission that is referred to the
25
panel that the person wishes to be heard with
respect to that submission.
(2) Schedule 2 applies to a hearing by a panel under
this Division.
46. Costs of panel
30
The proponent is liable to pay all the costs of a
panel in hearing, considering and reporting on the
submissions on the proponent's application.
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47. Report of panel
(1) After conducting hearings in accordance with this
Division and considering the submissions referred
to it by the Minister, the panel must--
(a) report to the Minister on the submissions;
5
and
(b) make a recommendation to the Minister as to
the action that it believes should be taken
with respect to the application.
(2) The report of a panel and its recommendation
10
must be forwarded to the Minister--
(a) within 60 days after the submissions were
referred to the panel; or
(b) within such other period as the Minister may
specify when referring the submissions to the
15
panel.
Division 3--Decision on Application
48. When must an application be determined?
(1) Subject to sub-section (2), the Minister must
determine an application for a licence within
20
28 days after the last of the following to occur--
(a) the receipt of a request under section 37;
(b) the receipt of the report of the panel under
Division 2, if the submissions on the
application have been referred to a panel;
25
(c) the receipt of the assessment of the
Environment Effects Minister in respect of
the proposed pipeline, if an Environment
Effects Statement is required to be prepared;
(d) the completion of any relevant procedure
30
under the Native Title Act in relation to the
proposed pipeline.
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(2) The Minister may extend the period set out in sub-
section (1) in order to request and consider further
information from the proponent.
49. What matters must the Minister consider?
In determining an application for a licence, the
5
Minister must consider the following--
(a) the potential environmental, social,
economic and safety impacts of the proposed
pipeline;
(b) the potential impact of the proposed pipeline
10
on cultural heritage (including Indigenous
cultural heritage);
(c) the benefit of the proposed pipeline to
Victoria relative to its potential impacts;
(d) the submissions received under section 34 in
15
relation to the application;
(e) the report of the panel (if any) on the
submissions received in relation to the
application;
(f) the assessment of the Environment Effects
20
Minister in relation to the proposed pipeline,
if an assessment has been made;
(g) any written comments received from the
Planning Minister or the relevant responsible
authority on the effect of the proposed
25
pipeline on the planning of the area through
which it is to pass;
(h) any written comments received from the
Water Minister and from the relevant Crown
Land Minister on the impact of the proposed
30
pipeline.
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s. 50
50. Licence not to be granted for pipeline on wilderness
Crown land
A licence must not be granted for the construction
or operation of a pipeline on or under wilderness
Crown land.
5
51. Consent required for grant of licence for pipeline in
national park
(1) The Minister must not grant a licence for the
construction or operation of a pipeline on or under
land that is part of a park within the meaning of
10
the National Parks Act 1975 or land that is
managed under that Act unless the relevant Crown
Land Minister has consented to the pipeline
crossing that land.
(2) A consent under this section may be given subject
15
to conditions.
52. Licence may permit construction in adjacent area
(1) Despite anything to the contrary in the Petroleum
(Submerged Lands) Act 1982, a licence may
permit the construction of a pipeline in the area
20
defined as the adjacent area in that Act if that
construction is part of a single directional drilling
operation commencing on land in Victoria that is
outside the adjacent area.
(2) Despite anything to the contrary in the Petroleum
25
(Submerged Lands) Act 1982, a licence is not
required under that Act for the construction in the
adjacent area of any part of a pipeline that is
permitted to be constructed under a licence under
this Act.
30
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53. Decision on application
(1) Subject to this Division, the Minister, after
considering the matters set out in section 49,
may--
(a) grant a licence to the proponent, authorising
5
the proponent to construct and operate a
pipeline along a route authorised in the
licence; or
(b) refuse to grant a licence in respect of the
proposed pipeline.
10
(2) A licence must authorise the proposed route of the
pipeline, whether the route is the same as that in
the application for the licence or as varied by the
Minister in granting the licence.
54. Conditions of licence
15
(1) A licence is granted subject to--
(a) any terms and conditions that are prescribed;
and
(b) any conditions that are imposed on a consent
under section 51; and
20
(c) a condition that a licensee hold any insurance
required under section 144; and
(d) any further terms and conditions that are
stated or included in the licence.
(2) The conditions on a licence may include
25
conditions--
(a) relating to the pipeline operations to be
carried out under the licence;
(b) concerning the protection of cultural heritage
(including Indigenous cultural heritage);
30
(c) concerning the protection of the
environment;
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(d) concerning the maintenance of land in the
pipeline area and the control of noxious
weeds and pest animals on that land;
(e) relating to matters of public safety; and
(f) requiring the licensee to provide specified
5
information (or information of a specified
kind) to the Minister at a time or times
specified by the Minister.
55. Minister may impose pre-conditions
(1) The Minister may require the proponent to comply
10
with any conditions that the Minister considers
appropriate before the Minister will issue a licence
to the proponent.
(2) A requirement under this section must be made in
writing specifying the conditions to be complied
15
with.
56. Minister not to issue licence unless certain
requirements met
(1) If the proposed route of a pipeline is on private
land, the Minister must not issue the licence for
20
the construction of the pipeline unless the Minister
is satisfied that any necessary interests have been
acquired by agreement with the owner or are to be
acquired compulsorily in accordance with Part 6.
(2) If there is a native title holder in relation to land in
25
the proposed route of a pipeline, the Minister must
not issue the licence for the construction of the
pipeline unless the Minister is satisfied that a
relevant procedure under the Native Title Act has
been followed.
30
(3) The proponent is liable to pay any compensation,
interest, charges and expenses--
(a) incurred in acquiring interests referred to in
sub-section (1), whether compulsorily or
otherwise; or
35
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(b) incurred in following a relevant procedure
referred to in sub-section (2); or
(c) payable under the Native Title Act in respect
of the grant of the licence.
57. Issue of licence
5
If a licence is granted under this Division, the
Minister must issue the licence to the applicant if
the Minister is satisfied that the proponent--
(a) has complied with any condition or
requirement imposed under sections 55
10
and 56; and
(b) has paid the relevant prescribed fee for the
licence.
Division 4--Operation of Licence
58. What does the licence authorise?
15
(1) A licence authorises the construction of a pipeline
along the route authorised in the licence, subject
to the conditions of the licence and to deviation
from that route within the limits of lateral
deviation authorised by the Minister.
20
(2) A licence authorises the operation of the pipeline
in accordance with the conditions of the licence.
59. Licence to remain in force indefinitely
(1) A licence comes into force--
(a) on the day on which the pipeline licence is
25
issued to the proponent; or
(b) if a later day is specified in the licence as
being the day on which the licence is to
come into force, on that later day.
(2) Subject to this Part, a licence remains in force
30
indefinitely.
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60. When must construction commence?
(1) Subject to this section, the construction of a
pipeline under a licence must commence within
1 year after the issue of the licence unless a longer
period is provided for in the licence.
5
(2) The Minister may extend the period for
commencement of construction of a pipeline by
1 year or more.
(3) An application for an extension must be made
before the period for construction to commence
10
expires.
(4) An extension under sub-section (2) may be given
more than once.
(5) An extension under sub-section (2) must be given
in writing.
15
61. When must construction be completed?
(1) Subject to this section, the construction of a
pipeline under a licence must be completed within
2 years after the commencement of construction
unless a longer period is provided for in the
20
licence.
(2) The Minister may extend the period for
completion of construction of a pipeline by 1 year
or more.
(3) An application for an extension must be made
25
before the period for construction to commence
expires.
(4) An extension under sub-section (2) may be given
more than once.
(5) An extension under sub-section (2) must be given
30
in writing.
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Division 5--Amendment of Conditions
62. Minister may amend conditions without request
(1) The Minister may amend the conditions imposed
on a licence.
(2) To do this, the Minister must--
5
(a) notify the licensee and any other person
directly affected in writing of the amendment
the Minister proposes to make; and
(b) invite the licensee or persons notified to
make any submissions they may wish to
10
make in respect of the proposal within the
time specified by the Minister; and
(c) consider any submissions made by the
licensee or those persons within the specified
time.
15
(3) The Minister must allow a period of at least
28 days for the purposes of sub-section (2)(b).
(4) If, after complying with sub-section (2), the
Minister decides to amend the conditions, he or
she must give the licensee notice in writing of the
20
decision.
63. Minister may amend conditions on request
(1) A licensee may, at any time, apply to the Minister
to amend the conditions of the licence.
(2) An application under sub-section (1)--
25
(a) must be in writing; and
(b) must be made in the prescribed manner; and
(c) must be accompanied by particulars of the
proposed amendment; and
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(d) must specify the reasons for the proposed
amendment; and
(e) must be accompanied by the relevant
prescribed fee.
(3) The Minister must consider the application and
5
may--
(a) amend the conditions as requested or in a
manner determined by the Minister; or
(b) refuse to amend the conditions.
(4) If the Minister amends the conditions of a licence
10
under this section, the Minister may also make
any necessary consequential amendments to any
other conditions of the licence.
(5) The Minister must not amend a condition imposed
on a consent under section 51 without the consent
15
of the relevant Crown Land Minister.
64. Right to seek review of decision to amend conditions
(1) A licensee may apply to VCAT for a review of a
decision under section 62 to amend the conditions
of the licence.
20
(2) An application for a review must be made within
28 days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
25
applicant requests a statement of reasons for
the decision, the day on which the statement
of reasons is given to the applicant or the
applicant is informed under section 46(5) of
that Act that a statement of reasons will not
30
be given.
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Division 6--Alteration of Authorised Route
65. Alteration of authorised route to be under this
Division
(1) The authorised route of a pipeline may only be
altered in accordance with this Division.
5
(2) Nothing in sub-section (1) affects the right to
deviate from the authorised route of the pipeline
within the limits of lateral deviation authorised by
the Minister under section 58.
66. Application to alter authorised route--minor
10
alterations
(1) A licensee may apply to the Minister to make an
alteration to the route of a pipeline authorised
under the licence.
(2) The application must--
15
(a) be in writing; and
(b) be accompanied by a plan showing the
proposed alteration to the route of the
pipeline.
(3) An application may only be made under this
20
section if the alteration will not affect the rights or
interests of any other person.
67. Decision on application under section 66
(1) If an application is made under section 66, the
Minister may--
25
(a) grant the application; or
(b) grant the application subject to specified
conditions; or
(c) refuse to grant the application.
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Part 5--Pipeline Licence Process
s. 68
(2) The Minister must not grant the application unless
the Minister is satisfied that the alteration--
(a) is reasonably necessary or expedient; and
(b) the alteration is of a minor nature and will
not affect the rights or interests of any other
5
person.
(3) If the Minister grants the application, the Minister
must publish a notice in the Government Gazette
specifying the alterations made to the route of the
pipeline.
10
68. Application to alter authorised route--significant
alterations
(1) A licensee may apply to the Minister to alter the
route of a pipeline authorised under the licence.
(2) The application must--
15
(a) be in writing; and
(b) be accompanied by a plan showing the
proposed alteration to the route of the
pipeline.
(3) Before making the application, the licensee
20
must--
(a) consult with all owners and occupiers of
land, and each responsible authority for an
area, affected by the proposed alteration; and
(b) take all reasonable steps to reach agreement
25
with those persons on the proposed
alteration.
(4) The licensee must cause notice of the application
to be published in a daily newspaper circulating
generally in Victoria.
30
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Act No.
Part 5--Pipeline Licence Process
s. 69
69. Minister not to alter authorised route unless certain
requirements met
(1) If the authorised route of a pipeline to which an
application under section 68 relates is on private
land, the Minister must not consider the
5
application unless the Minister is satisfied that any
necessary interests have been acquired by
agreement with the owner or are to be acquired
compulsorily in accordance with Part 6.
(2) If there is a native title holder in relation to land in
10
the authorised route of a pipeline to which an
application under section 68 relates, the Minister
must not consider the application unless the
Minister is satisfied that a relevant procedure
under the Native Title Act has been followed.
15
(3) The licensee is liable to pay any compensation,
interest, charges and expenses--
(a) incurred in acquiring interests referred to in
sub-section (1), whether compulsorily or
otherwise; or
20
(b) incurred in following a relevant procedure
referred to in sub-section (2); or
(c) payable under the Native Title Act in respect
of the grant of the alteration.
70. Decision on application under section 68
25
(1) In addition to section 69, the Minister must not
consider an application under section 68 unless
the Minister is satisfied that--
(a) the licensee has complied with section 68(3);
and
30
(b) notice of the application has been published
under section 68(4).
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Part 5--Pipeline Licence Process
s. 71
(2) If the authorised route of the pipeline crosses
Crown land, the Minister must not consider an
application under section 68 unless the relevant
Crown Land Minister has agreed to the alteration.
(3) The Minister may--
5
(a) grant the application; or
(b) refuse to grant the application.
(4) The Minister must not grant the application unless
the Minister is satisfied that the alteration--
(a) is reasonably necessary or expedient; and
10
(b) will not substantially affect the authorised
route of the pipeline or the rights or interests
of any other person.
(5) If the Minister grants the application, the Minister
may also amend the licence to--
15
(a) impose any conditions that the Minister
considers necessary to provide for the
protection of the rights or interests of any
person affected by the alteration; and
(b) impose any standards, specifications or other
20
conditions that the Minister considers
necessary as a result of the alteration.
(6) If the Minister grants the application, the Minister
must publish a notice in the Government Gazette
specifying the alterations made to the route of the
25
pipeline.
71. Altered route becomes authorised route
If under this Division the authorised route of a
pipeline is altered, the route of the pipeline as so
altered is deemed to be the authorised route for the
30
purposes of the licence.
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Act No.
Part 5--Pipeline Licence Process
s. 72
Division 7--Consolidation of Licences
72. Application of Division
This Division applies if a licensee--
(a) is a licensee in respect of 2 or more
pipelines; and
5
(b) carries on or intends to carry on pipeline
operations in which those pipelines, or parts
of those pipelines, are connected or
otherwise used in conjunction with each
other.
10
73. Application for amended licence
The licensee may apply to the Minister--
(a) to amend one of the licensee's licences (the
main licence) to consolidate with it the
whole or any part of a licence held by the
15
licensee for another pipeline; and
(b) to make any other amendments to the main
licence that are necessary or expedient for
the purposes of the consolidation.
74. Form of application
20
An application under section 73 must be in the
prescribed form and must--
(a) state the name and address of the applicant;
and
(b) provide details identifying the licences that
25
are to be consolidated; and
(c) set out the reasons for the application; and
(d) be accompanied by the relevant prescribed
fee.
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Act No.
Part 5--Pipeline Licence Process
s. 75
75. Minister may ask for further information
The Minister may ask for any further information
that the Minister considers necessary or desirable
to determine an application.
76. Minister to be satisfied of certain matters
5
The Minister must not grant an application unless
the Minister is satisfied that the consolidation to
which the application relates--
(a) is reasonably necessary or expedient; and
(b) does not substantially affect the rights or
10
interests of any other person.
77. Decision on application
(1) If an application is made under section 73, the
Minister may--
(a) amend the licence for a pipeline (the main
15
licence) in any manner that is necessary or
expedient for the purpose of consolidating
another licence or licences for a pipeline
with the main licence; and
(b) include any additional conditions in the main
20
licence that the Minister considers necessary
as a result of the consolidation; and
(c) cancel any licence consolidated in the main
licence or, if part only of a pipeline is
consolidated, amend a licence accordingly.
25
(2) The Minister may refuse to amend a licence under
this section.
78. When does the consolidated licence take effect?
A consolidated licence takes effect on the date on
which it is amended under section 77.
30
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Act No.
Part 5--Pipeline Licence Process
s. 79
Division 8--Transfer, Surrender and Cancellation of
Licences
79. Transfer of licence
(1) A licensee must not transfer the licence without
the written consent of the Minister.
5
(2) The Minister must not unreasonably refuse to give
his or her consent under this section.
(3) The Minister may impose conditions on a consent
under this section.
(4) A licensee must notify the Minister in writing
10
within 14 days of any direct or indirect dealing
with any legal or equitable interest in the licence.
80. Surrender of licence
(1) A licensee may surrender a licence with the
consent of the Minister.
15
(2) The Minister must not give his or her consent to
the surrender of a licence unless he or she is
satisfied that the licensee--
(a) has complied with all the relevant
requirements of this Act in relation to the
20
licence; and
(b) has complied with all of the conditions that
apply to the licence.
(3) If the pipeline is to be decommissioned on the
surrender of the licence, the Minister must not
25
give his or her consent to the surrender of the
licence unless--
(a) the licensee has lodged a plan to provide for
the decommissioning of the pipeline; and
(b) the Minister is satisfied with that plan; and
30
(c) the pipeline has been decommissioned in
accordance with that plan.
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Part 5--Pipeline Licence Process
s. 81
(4) A decommissioning plan must be prepared in
accordance with the regulations and set out the
prescribed information.
(5) The Minister must not unreasonably refuse to give
his or her consent under this section.
5
(6) If the Minister is not satisfied as to any matter
referred to in sub-section (2)(a) or (2)(b), he or
she may still consent to the surrender of the
licence if he or she is satisfied that the failure to
comply with the relevant requirement was the
10
result of one or more events beyond the control of
the licensee.
81. Cancellation of licence
The Minister may cancel a licence if--
(a) the pipeline is no longer used as a pipeline to
15
which this Act applies; or
(b) the conditions of the licence or any of the
provisions of this Act that apply to the
licence have not been complied with; or
(c) the construction or operation of the pipeline
20
has caused an unexpected significant adverse
impact on safety or the environment; or
(d) the licensee no longer has the funds to
construct or operate the pipeline; or
(e) the licensee is wound up or commences to be
25
wound up; or
(f) the licensee has not paid any amount that is
payable under this Act within 90 days after it
was due and within 30 days after receiving a
written notice from the Minister warning it
30
of the Minister's power under this provision;
or
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Part 5--Pipeline Licence Process
s. 82
(g) the construction of the pipeline has not
commenced by the end of the required period
under Division 4; or
(h) the construction of the pipeline has not been
completed by the end of the required period
5
under Division 4.
82. Decommissioning plan before cancellation
(1) If a pipeline is to be decommissioned on
cancellation of a licence, the Minister, before
cancelling the licence, may direct the licensee to
10
prepare a plan for the decommissioning of the
pipeline within the time specified in the direction.
(2) A licensee to whom a direction is given under this
section must prepare a decommissioning plan in
accordance with the regulations and setting out the
15
prescribed information and submit it to the
Minister within the time specified in the direction.
(3) If a decommissioning plan has been prepared for a
pipeline, the Minister must not cancel the licence
unless--
20
(a) the Minister is satisfied with that plan; and
(b) the licensee has decommissioned the pipeline
in accordance with that plan.
(4) A failure by the licensee to prepare a
decommissioning plan does not prevent the
25
Minister from cancelling the licence.
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Part 5--Pipeline Licence Process
s. 83
83. Right to seek review of decision to cancel
(1) A person whose licence has been cancelled under
this Division may apply to VCAT for a review of
the decision to cancel the licence.
(2) An application for a review must be made within
5
28 days after the later of--
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
applicant requests a statement of reasons for
10
the decision, the day on which the statement
of reasons is given to the applicant or the
applicant is informed under section 46(5) of
that Act that a statement of reasons will not
be given.
15
84. Revocation of pipeline easement
(1) If a licence is surrendered or cancelled, the
Minister may, by notice published in the
Government Gazette, revoke the pipeline
easement for the pipeline to which the licence
20
applied.
(2) The Minister must not revoke a pipeline easement
under sub-section (1) if another pipeline, electric
line or other facility uses the easement.
(3) On the publication of a notice under sub-
25
section (1), the easement specified in the notice
is revoked.
(4) On being requested to do so and on delivery of
any relevant instrument or document, the
Registrar of Titles must make any recordings in
30
the Register that are necessary because of the
operation of this section.
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(5) Despite sub-section (4), it is not necessary to
produce a certificate of title for the purposes of a
recording in the Register required under that sub-
section.
(6) No compensation is payable on the revocation of
5
an easement under this section.
Division 9--Application of Planning Laws
85. Application of planning laws
If a licence is issued under this Act for the
construction and operation of a pipeline, nothing
10
in a planning scheme under the Planning and
Environment Act 1987--
(a) requires a permit under that Act for the use
or development of land or the doing or
carrying out of any matter or thing for the
15
purpose of the pipeline; or
(b) prevents the use or development of land or
the doing or carrying out of any matter or
thing for the purpose of the pipeline.
__________________
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Act No.
Part 6--Access to Land for Pipeline
s. 86
PART 6--ACCESS TO LAND FOR PIPELINE
Division 1--Authorities over Public Land
86. Licence or authority over Crown land for pipeline
(1) The relevant Crown Land Minister may grant to a
licensee a licence or any other authority necessary
5
or expedient to enable the licensee to carry out a
pipeline operation on or under Crown land.
(2) A licence or authority under sub-section (1) may
be granted on any terms and conditions that the
relevant Crown Land Minister considers
10
appropriate.
(3) A licence or authority under sub-section (1) may
be granted subject to the payment of a fee
determined by the relevant Crown Land Minister.
(4) The Crown Land Minister must not grant a licence
15
or authority under this section in respect of
wilderness Crown land.
(5) This section applies despite anything to the
contrary in any Act or regulation or in any licence,
proclamation, reservation, declaration or
20
dedication of or with respect to unalienated Crown
land.
87. Public authority may grant easements etc. for
pipelines
(1) A public authority may grant to a licensee a lease,
25
easement, licence or other authority of or over any
land vested in the public authority that is
necessary or expedient to enable the licensee to
carry out a pipeline operation on or under that
land.
30
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Act No.
Part 6--Access to Land for Pipeline
s. 88
(2) Subject to sub-section (3), a lease, easement,
licence or authority under sub-section (1) may be
granted on any terms and conditions agreed
between the public authority and the licensee.
(3) If the Minister so determines, a lease, easement,
5
licence or authority under sub-section (1) must be
granted on any terms and conditions imposed by
the Minister.
(4) A lease, easement, licence or authority cannot be
granted under this section in respect of--
10
(a) wilderness Crown land; or
(b) land that is part of a park within the meaning
of the National Parks Act 1975 or land that
is managed under that Act; or
(c) land that is subject to a licence granted under
15
Part 3A of the Victorian Plantations
Corporation Act 1993.
(5) This section applies despite anything to the
contrary in any other Act.
88. Minister may grant authority over public authority
20
land
(1) If a public authority has refused to grant a lease,
easement, licence or authority to a licensee under
section 87 in respect of land vested in the public
authority, the licensee may apply to the Minister
25
for the grant of an authority over that land under
this section.
(2) Before granting an authority under this section,
the Minister must--
(a) be satisfied that the licensee has taken all
30
reasonable steps to reach agreement with the
public authority; and
(b) consult with the public authority and the
Minister responsible for the public authority.
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Part 6--Access to Land for Pipeline
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(3) If the Minister thinks it is appropriate to do so, the
Minister may grant to the licensee any authority
over the land vested in the public authority that is
necessary or expedient to enable the licensee to
carry out a pipeline operation on or under that
5
land.
(4) An authority under sub-section (3) may be granted
on any terms and conditions determined by the
Minister.
(5) An authority cannot be granted under this section
10
in respect of--
(a) wilderness Crown land; or
(b) land that is part of a park within the meaning
of the National Parks Act 1975 or land that
is managed under that Act; or
15
(c) land that is subject to a licence granted under
Part 3A of the Victorian Plantations
Corporation Act 1993.
(6) This section applies despite anything to the
contrary in any other Act.
20
Division 2--Purchase or Acquisition of Easements
89. Purchase of easement
A proponent or a licensee may enter into an
agreement with the owner of any private land to
purchase an easement over that land for the
25
purposes of the pipeline.
90. Application for consent for compulsory acquisition
of easement
(1) A proponent or licensee may apply to the Minister
for consent to compulsorily acquire an easement
30
over private land for the purposes of constructing
and operating the pipeline.
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Act No.
Part 6--Access to Land for Pipeline
s. 91
(2) The application must set out details of the
proposed easement and the purpose for which it is
required.
(3) Subject to sub-section (4), an application relating
to land can only be made after the end of 6 months
5
after the giving of notice to the owner of the land
under Division 3 of Part 4.
(4) The Minister may abridge the time within which
an application can be made under this section if
the Minister considers it appropriate to do so.
10
(5) The Minister may ask the applicant for further
information in relation to the application.
91. Notice to owners and occupiers
(1) The proponent or licensee must give a notice of an
application under section 90 to any owner and any
15
occupier of the private land to which the
application relates.
(2) The notice must--
(a) be accompanied by a copy of the application;
and
20
(b) specify a date determined by the Minister as
the submission date for the application (the
submission date); and
(c) state that the owner or occupier may make a
written submission to the Minister about the
25
application on or before the submission date.
(3) An owner or occupier of land may make a
submission to the Minister about an application
under section 90 on or before the submission date
for the application.
30
(4) A notice under this section lapses on the day after
the day on which the Minister makes a decision on
the application under section 95.
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Act No.
Part 6--Access to Land for Pipeline
s. 92
92. Proponent or licensee to lodge notice with Registrar
(1) The proponent or licensee without delay after the
giving of a notice to the owner of land under
section 91 must--
(a) give the Registrar of Titles notice in the
5
prescribed form of the notice given under
that section; and
(b) pay the relevant prescribed fee to the
Registrar.
(2) If a notice is given in accordance with sub-section
10
(1), the Registrar of Titles must--
(a) make a recording of the notice in the
Register; or
(b) if it is not practicable to make a recording,
by displaying a map or other appropriate
15
means, make the notice available for
inspection.
(3) If a notice lapses, the proponent must give the
Registrar of Titles notice in writing of the lapse.
(4) If notice is given under sub-section (3), the
20
Registrar of Titles must, as appropriate--
(a) delete from the Register any recordings of
the notice;
(b) make a recording in the Register of the
lapsing of the notice;
25
(c) remove any map or other document made
available under sub-section (2).
(5) A person is not entitled to receive from the
proponent or licensee any damages or
compensation resulting from compliance by the
30
proponent or licensee with this section or anything
arising from that compliance.
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Part 6--Access to Land for Pipeline
s. 93
93. Effect of notice under section 91
To avoid doubt, the giving of a notice under
section 91 does not constitute an offer or a binding
agreement to acquire the land to which the notice
applies.
5
94. Restrictions on dealings with land
(1) If a notice has been given to a person under
section 91, that person must not, while the notice
is in force, without the consent of the proponent or
licensee--
10
(a) enter into any sale, transaction or
arrangement, or obtain or grant any licence
or approval, with respect to the land; or
(b) make any improvements of a durable nature
to the land.
15
(2) On receipt of any document relating to any
dealing with any land in respect of which a notice
has been given to the Registrar of Titles under
section 92, the Registrar must notify the
proponent or licensee of this fact.
20
(3) Nothing in this section prevents--
(a) any person from discharging the land from
any mortgage affecting the land; or
(b) a mortgagee from exercising a power of sale
in respect of the land.
25
95. Decision of Minister
(1) Before making a decision on an application under
section 90, the Minister must--
(a) be satisfied that the proponent or licensee has
taken all reasonable steps to reach agreement
30
with the owners of the land in relation to the
purchase of the easement; and
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Act No.
Part 6--Access to Land for Pipeline
s. 96
(b) consider any submissions made under
section 91.
(2) The Minister must not consent to a compulsory
acquisition of an easement by a proponent unless
the Minister has decided to grant the licence to
5
construct and operate the pipeline.
(3) The Minister must within 28 days after the
submission date for the application or the date of
the decision to grant or refuse the licence
(whichever is the later)--
10
(a) consent to the compulsory acquisition of the
easement; or
(b) refuse to consent to the acquisition.
(4) A consent must be in writing.
96. Compulsory acquisition
15
(1) If the Minister has consented under section 95 to
the compulsory acquisition of an easement, the
licensee may acquire compulsorily that easement.
(2) Subject to sub-section (3), the Land Acquisition
and Compensation Act 1986 applies to a
20
compulsory acquisition referred to in sub-
section (1) and for that purpose--
(a) this Act is the special Act; and
(b) the licensee is the Authority.
(3) Divisions 2 and 3 of Part 2 and section 20 of the
25
Land Acquisition and Compensation Act 1986
do not apply to an acquisition under sub-
section (1).
97. Easement to be easement in gross
An easement purchased or acquired under this
30
Division for the construction and operation of a
pipeline is an easement in gross that does not
depend on the existence of a dominant tenement.
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Act No.
Part 6--Access to Land for Pipeline
s. 98
Division 3--Emergency Access to Land
98. Emergency access to land
An employee of a licensee or any person
authorised by a licensee may enter any private
land or Crown land in an emergency to ensure
5
public safety, to repair a pipeline or to repair
damage to the environment as a result of any
incident involving a pipeline.
__________________
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Act No.
Part 7--Construction of Pipeline
s. 99
PART 7--CONSTRUCTION OF PIPELINE
Division 1--General Requirements
99. Construction to be along authorised route
A licensee must ensure that the pipeline to which
the licence applies is constructed along the route
5
authorised in the licence for that pipeline, subject
to deviation from that route within the limits of
lateral deviation authorised by the Minister.
Penalty: In the case of a natural person,
120 penalty units;
10
In the case of a body corporate,
600 penalty units.
100. Construction to comply with standards and
conditions
(1) A licensee must ensure that the pipeline to which
15
the licence applies is constructed in accordance
with--
(a) any standards, specifications and conditions
that are prescribed; and
(b) any standards, specifications and conditions
20
that are included in the licence.
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.
25
(2) This section applies despite any other requirement
of this Part.
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Act No.
Part 7--Construction of Pipeline
s. 101
Division 2--Pipelines and Infrastructure
101. Pipelines and railways
(1) If a pipeline runs along or crosses over or under a
railway or any land reserved for railway purposes,
the pipeline must, at the expense of the licensee,
5
be constructed to the satisfaction of Victorian Rail
Track so that the safe use of the railway is not
impeded or unnecessarily obstructed.
(2) A licensee who fails to comply with this section is
guilty of an offence and liable to a penalty not
10
exceeding--
(a) 240 penalty units in the case of a natural
person; or
(b) 1200 penalty units in the case of a body
corporate.
15
102. Pipelines, roads, bridges and road infrastructure
(1) Subject to sub-section (2), if a pipeline runs along
or crosses over or under a road, bridge or
tramway, the pipeline must, at the expense of the
licensee, be constructed to the satisfaction of the
20
relevant authority so that the safe use of the road,
bridge or tramway is not impeded or unnecessarily
obstructed.
(2) If a pipeline runs along or crosses over or under
road infrastructure within the meaning of the
25
Road Management Act 2004, the pipeline must,
at the expense of the licensee, be constructed
subject to and in accordance with the Road
Management Act 2004.
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Part 7--Construction of Pipeline
s. 103
(3) A licensee who fails to comply with this section is
guilty of an offence and liable to a penalty not
exceeding--
(a) 240 penalty units in the case of a natural
person; or
5
(b) 1200 penalty units in the case of a body
corporate.
(4) In this section "relevant authority" means--
(a) if a public authority or municipal council is
responsible for the maintenance of the road,
10
bridge, tramway or road infrastructure, that
public authority or municipal council; or
(b) in any other case, the Minister.
103. Pipelines and electrical apparatus and other
pipelines
15
(1) If a pipeline runs along or crosses over or under
any electrical apparatus or other pipeline, the
pipeline must, at the expense of the licensee, be
constructed to the satisfaction of the relevant
authority so that the safe use of the electrical
20
apparatus or pipeline is not impeded or
unnecessarily obstructed.
(2) A licensee who fails to comply with this section is
guilty of an offence and liable to a penalty not
exceeding--
25
(a) 240 penalty units in the case of a natural
person; or
(b) 1200 penalty units in the case of a body
corporate.
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(3) In this section "relevant authority" means--
(a) if a public authority or municipal council is
responsible for the maintenance of the
electrical apparatus or pipeline, that public
authority or municipal council; or
5
(b) in any other case, the Minister.
104. Licensee responsible for extra expense incurred by
authorities
The licensee must reimburse any extra expense
incurred at any time by Victorian Rail Track or
10
the public authority, municipal council or Minister
responsible for the maintenance of a railway, road,
bridge, tramway, road infrastructure, electrical
apparatus or other pipeline because of the
existence and operation of the pipeline.
15
105. Governor in Council to settle disputes
(1) Any dispute in relation to any matter referred to in
this Division between the licensee and Victorian
Rail Track, a public authority, municipal council
or Minister may be referred to the Governor in
20
Council for determination.
(2) A Minister, public authority, municipal council
and licensee affected by a determination of the
Governor in Council under this section must
comply with the determination.
25
Division 3--Obstruction of Construction
106. Offence to obstruct construction of pipeline
A person must not--
(a) wilfully obstruct a person acting under the
authority of a licensee in the lawful exercise
30
of the licensee's powers in relation to the
construction of a pipeline; or
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(b) without the authority of a licensee, interfere
with any works relating to the construction
of a pipeline by the licensee.
Penalty: In the case of a natural person,
60 penalty units;
5
In the case of a body corporate,
240 penalty units.
__________________
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Part 8--Operation of Pipeline
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PART 8--OPERATION OF PIPELINE
Division 1--General Operation
107. Commencement or resumption of operation needs
consent
(1) A licensee whose pipeline has never been used to
5
convey substances must not commence that
operation without the written consent of the
Minister.
Penalty: In the case of a natural person,
10 penalty units;
10
In the case of a body corporate,
60 penalty units.
(2) A licensee who has, otherwise than in the course
of the normal operating procedure of the pipeline,
completely ceased to convey substances through
15
the pipeline must not resume that operation
without the written consent of the Minister.
Penalty: In the case of a natural person,
10 penalty units;
In the case of a body corporate,
20
60 penalty units.
(3) An application under this section for consent must
be in writing.
108. Decision to consent
(1) The Minister may consent to an application under
25
section 107 if the Minister is satisfied that the
pipeline may be operated safely.
(2) A consent may be given subject to such
conditions, if any, as the Minister considers
appropriate and specifies in the consent.
30
(3) A consent must be served on the licensee.
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109. Operation to comply with standards, specifications
and conditions
A licensee must ensure that the pipeline to which
the licence applies is operated in accordance
with--
5
(a) any standards, specifications and conditions
that are prescribed; and
(b) any standards, specifications and conditions
that are included in the licence.
Penalty: In the case of a natural person,
10
240 penalty units;
In the case of a body corporate,
1200 penalty units.
110. Payment of annual fee
(1) A licensee must not in any year operate a pipeline
15
unless the prescribed pipeline operation fee for
that pipeline has been paid in respect of that year.
(2) The pipeline operation fee may be prescribed at a
rate for each kilometre or part of a kilometre of
pipeline operated under a licence.
20
111. Only authorised things to be conveyed through
pipeline
A licensee must not convey anything through a
pipeline unless--
(a) the licence authorises the use of the pipeline
25
for the conveyance of that thing; or
(b) the Minister authorises the use of the
pipeline to convey that thing under
section 113.
Penalty: In the case of a natural person,
30
240 penalty units;
In the case of a body corporate,
1200 penalty units.
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112. Licensee must consult before making an application
A licensee must consult with the owners and
occupiers of land who the licensee believes on
reasonable grounds will be directly affected by the
proposed use of the pipeline before making an
5
application for an authority under section 113.
113. Minister may authorise other use of pipeline
(1) A licensee may apply to the Minister for authority
to use the pipeline to convey a thing other than the
thing authorised by the licence.
10
(2) The application must--
(a) state the thing authorised to be conveyed;
and
(b) state the thing proposed to be conveyed; and
(c) state whether the conveyance is to be instead
15
of or in addition to the conveyance of the
thing already authorised; and
(d) include an assessment in accordance with the
regulations of the potential risks to safety
and the environment of the proposal; and
20
(e) include details of the consultation carried out
in relation to the application under
section 112; and
(f) be accompanied by the prescribed fee.
(3) The Minister may--
25
(a) authorise the use of the pipeline for the
conveyance of the thing; or
(b) refuse the application.
(4) An authority under this section may be given
subject to any terms and conditions that the
30
Minister considers necessary.
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Division 2--Safety and Environment Requirements
114. Minister may impose requirements
(1) The Minister may at any time by notice served on
the licensee impose requirements under this
section in respect of the pipeline that the Minister
5
considers necessary or expedient in the interests of
safety or the protection of the environment.
(2) The requirements may be with respect to--
(a) the examination, repair, maintenance,
adjustment or testing of the pipeline; or
10
(b) the modification, reinforcement or protection
of the pipeline; or
(c) the inspection of the pipeline.
(3) The licensee must comply with a requirement
imposed under this section.
15
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.
(4) A person must not obstruct or hinder the carrying
20
out of a requirement imposed under this section.
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.
25
115. Minister may restrict use of pipeline
(1) The Minister may serve a notice on a licensee
under this section if the Minister considers it
necessary to do so in the interests of safety or the
protection of the environment.
30
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(2) The notice may--
(a) limit the pressure at which a substance may
be conveyed through the pipeline to a
pressure stated in the notice; or
(b) prohibit the use of the pipeline either
5
absolutely or for the conveyance of any thing
other than a thing specified in the notice.
(3) The notice must specify the alterations, repairs or
replacements required to be carried out to end the
limitation or prohibition.
10
(4) The Minister must end the limitation or
prohibition if the alterations, repairs or
replacements specified in the notice have been
carried out to the Minister's satisfaction.
(5) The licensee must comply with a limitation or
15
prohibition in a notice served on the licensee
under this section.
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
20
1200 penalty units.
116. Mandatory notice of incidents
A licensee must at all times ensure that in the
event of the escape or ignition of anything in the
pipeline efficient arrangements are made for
25
immediate notice of the escape or ignition to be
given--
(a) to the nearest police station; and
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(b) to the relevant authorities for--
(i) the prevention or combating of fire,
flooding or pollution; and
(ii) the prevention of damage to sewers,
sewerage works and the maintenance of
5
the free flow of the contents of sewers;
and
(c) to any other authority that the Minister by
notice served on the licensee declares to be a
relevant authority for the purposes of this
10
section.
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.
15
Division 3--Interference with Operation
117. Offence to obstruct operation of pipelines
A person must not--
(a) wilfully obstruct a person acting under the
authority of a licensee in the lawful exercise
20
of the licensee's powers in relation to the
operation of a pipeline; or
(b) without the authority of a licensee, interfere
with any works relating to the operation of a
pipeline by the licensee.
25
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
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118. Digging near pipelines
(1) A person is guilty of an offence if the person
carries out any excavation or bores or opens any
ground within 3 metres of a pipeline without
either obtaining the authority of the licensee or
5
giving notice to the licensee in accordance with
the regulations.
(2) A person who is guilty of an offence under sub-
section (1) is liable to a penalty not exceeding
20 penalty units, in the case of a natural person, or
10
100 penalty units, in the case of a body corporate.
(3) This section does not apply to--
(a) an owner or occupier of any land on or under
which the pipeline is situated if the owner or
occupier excavates or bores or opens ground
15
to a depth of not more than 300 millimetres
in that land; or
(b) a person who, on behalf of an owner or
occupier of any land on or under which the
pipeline is situated, excavates or bores or
20
opens ground to a depth of not more than
300 millimetres in that land.
119. Interference with pipeline
(1) A person must not knowingly, recklessly or
negligently break, injure, open or tamper with any
25
pipeline.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.
30
(2) This section does not apply to any person lawfully
carrying out work on behalf of the licensee in
respect of the pipeline.
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120. Restriction on building on land near pipeline
(1) A person must not construct a building so that any
part of it is situated less than 3 metres from a point
on the surface of the land whose position is
vertically above a part of a pipeline below the
5
surface unless the Minister has first consented to
that construction.
Penalty: In the case of a natural person,
20 penalty units;
In the case of a body corporate,
10
100 penalty units.
(2) If a building is constructed in contravention of
sub-section (1), the Minister may hold a hearing to
determine whether or not the building should be
demolished.
15
(3) The Secretary must give notice to the owner of the
building of the time and place of the hearing under
sub-section (2).
(4) After considering any submission by the owner at
the hearing, the Minister may, if he or she
20
considers that the building may impede the
working of or endanger the pipeline, direct the
owner--
(a) to take within a specified time the steps
specified in the order to remove the
25
impediment or danger; or
(b) to demolish the building.
(5) A person to whom a direction is given under sub-
section (4) must comply with that direction.
Penalty: In the case of a natural person,
30
10 penalty units;
In the case of a body corporate,
60 penalty units.
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(6) In this section "building" and "construct" have
the meanings respectively that they have in the
Building Act 1993.
Division 4--Third Party Access
121. Agreement to share use of pipeline
5
(1) A licensee may enter into an agreement with any
person for or in relation to the conveying by the
licensee by means of the pipeline of anything
belonging to that person that is authorised to be
conveyed through the pipeline.
10
(2) An agreement under this section must not be
inconsistent with this Act or the licence for the
pipeline.
122. Direction by Minister about shared use of pipeline
(1) If a licensee fails to enter into an agreement under
15
section 121, the person seeking that agreement
may apply to the Minister for a direction under
sub-section (4).
(2) If a licensee enters into an agreement under
section 121, any person who is entitled to have
20
anything conveyed through the pipeline pursuant
to any previous agreement or any direction of the
Minister under this section may apply to the
Minister for a direction under sub-section (7).
(3) An application under this section must be in
25
writing and be accompanied by the prescribed fee.
(4) After considering an application under sub-
section (1) and any other matter that he or she
considers relevant, the Minister may direct the
licensee to convey by means of the pipeline the
30
whole or a specific part of the thing sought to be
conveyed.
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(5) The matters that the Minister may consider under
sub-section (4) may include--
(a) the capacity of the pipeline; and
(b) the impact of the proposal on the safety of
the pipeline; and
5
(c) any additional costs to the licensee of the
proposal.
(6) A direction under sub-section (4) may require the
conveyance to be on the terms and conditions
(including the rate of payment) agreed by the
10
licensee and the applicant or, in default of that
agreement, as determined by the Minister.
(7) After considering an application under sub-section
(2) and any other matter that he or she considers
relevant, the Minister may direct the licensee not
15
to convey the thing through the pipeline.
(8) A licensee must comply with a direction under
this section.
Penalty: In the case of a natural person,
120 penalty units;
20
In the case of a body corporate,
600 penalty units.
(9) This section does not apply in relation to the
conveyance of gas through a pipeline if the Gas
Pipelines Access (Victoria) Act 1998 applies in
25
relation to third party access to that pipeline.
123. Third party access to easements
(1) A person (other than the licensee) who seeks
access to a pipeline easement for the construction
and operation of another pipeline or of an electric
30
line or other facility may apply to the Minister for
approval of that access if the licensee does not
agree to that access.
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(2) An application must be in writing and be
accompanied by the prescribed fee.
(3) The Minister must consult with the licensee and
the owner and the occupier of the land over which
the easement exists before granting an approval
5
under this section.
(4) The Minister may approve access by the applicant
to the pipeline easement for the construction and
operation of another pipeline or of an electric line
or other facility if the Minister is satisfied that--
10
(a) the licensee does not intend to construct an
additional pipeline on the easement in the
foreseeable future; and
(b) the new pipeline, electric line or facility can
be safely added to the easement; and
15
(c) the applicant has agreed to pay appropriate
compensation to the licensee for the access,
including compensation for costs incurred by
the licensee for any alterations to its
infrastructure that are required as a result of
20
the additional pipeline, electric line or
facility; and
(d) the applicant has agreed to pay compensation
to the owner and the occupier of the land
over which the easement exists for any loss
25
or damage to the owner or occupier resulting
from that access.
(5) The Minister must give written notice to the
licensee and the owner and the occupier of the
land over which the easement exists of an
30
approval under this section.
(6) A licensee must permit access to a pipeline
easement in accordance with an approval under
this section.
__________________
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Part 9--Management Plans
s. 124
PART 9--MANAGEMENT PLANS
Division 1--General Duties of Safety and Environment
Protection
124. Duties of licensee for safety and environment
protection
5
A licensee must manage any pipeline operation so
as to minimise as far as is reasonably
practicable--
(a) hazards and risks to the safety of the public
arising from the pipeline operation; and
10
(b) hazards and risks to the environment arising
from the pipeline operation.
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
15
1200 penalty units.
125. What is reasonably practicable?
For the purposes of this Division, regard must be
had to the following matters in determining what
is (or was at a particular time) reasonably
20
practicable--
(a) the likelihood of the hazard or risk concerned
eventuating;
(b) the degree of harm that would result if the
hazard or risk eventuated;
25
(c) what the person knows, or ought reasonably
to know, about the hazard or risk and any
ways of eliminating or reducing the hazard
or risk;
(d) the availability and suitability of ways to
30
eliminate or reduce the hazard or risk;
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(e) the cost of eliminating or reducing the hazard
or risk.
Division 2--Safety Management Plans
126. Safety Management Plan to be prepared
(1) Before carrying out any pipeline operation, the
5
licensee must give Energy Safe Victoria a Safety
Management Plan--
(a) that identifies the risks to the safety of the
public from the pipeline operation; and
(b) that specifies what the licensee will do to
10
eliminate or minimise those risks; and
(c) that sets out any matter prescribed by the
regulations.
(2) A Safety Management Plan may be given to
Energy Safe Victoria and accepted in stages.
15
127. No operation without accepted Plan
A licensee must not carry out a pipeline operation
unless Energy Safe Victoria has accepted the
Safety Management Plan for the pipeline
operation in writing.
20
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.
128. Acceptance of Safety Management Plan
25
(1) Energy Safe Victoria must not accept a Safety
Management Plan unless it is satisfied that the
licensee has, in preparing the Plan, consulted any
person who owns, occupies or manages the land
on which the pipeline operation is to be carried
30
out.
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(2) Energy Safe Victoria may request a licensee to
provide any further information that Energy Safe
Victoria considers necessary to enable it to
determine whether or not to accept the Safety
Management Plan.
5
(3) Energy Safe Victoria must accept a Safety
Management Plan if Energy Safe Victoria is
satisfied that the Plan is appropriate for the
pipeline operation to which it applies and
complies with this Act and the regulations relating
10
to Safety Management Plans.
(4) Energy Safe Victoria may accept a Safety
Management Plan on conditions that relate or are
incidental to the safety of the pipeline operation.
129. Plan must be observed in carrying out operation
15
In carrying out a pipeline operation, a licensee
must ensure that the operation is carried out in
accordance with the Safety Management Plan
accepted by Energy Safe Victoria in relation to the
pipeline operation.
20
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.
130. Energy Safe Victoria may permit amendment of
25
Safety Management Plan
On the written application of a licensee, Energy
Safe Victoria may permit the licensee to amend
the Safety Management Plan that applies or is to
apply to a pipeline operation of the licensee.
30
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131. Energy Safe Victoria may require amendment of
Safety Management Plan
(1) Energy Safe Victoria may require the licensee to
amend the Safety Management Plan that applies
or is to apply to a pipeline operation of the
5
licensee.
(2) Energy Safe Victoria may only do this after
consulting with the licensee.
132. Review of Safety Management Plan
A licensee must--
10
(a) review its Safety Management Plan before
the end of each period of 5 years after the
date the Plan was accepted; and
(b) report the results of each review to Energy
Safe Victoria within 28 days after the
15
completion of the review.
Penalty: In the case of a natural person,
60 penalty units;
In the case of a body corporate,
240 penalty units.
20
Division 3--Environment Management Plans
133. Environment Management Plan to be prepared
(1) Before carrying out any pipeline operation, the
licensee must give the Minister an Environment
Management Plan--
25
(a) that identifies the risks to the environment
arising from the pipeline operation; and
(b) that specifies what the licensee will do to
eliminate or minimise those risks, including
rehabilitation of land; and
30
(c) that sets out any matter prescribed by the
regulations.
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(2) An Environment Management Plan may be given
to the Minister and accepted in stages.
134. No operation without accepted Plan
A licensee must not carry out a pipeline operation
unless the Minister has accepted the Environment
5
Management Plan for the pipeline operation in
writing.
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
10
1200 penalty units.
135. Acceptance of Environment Management Plan
(1) The Minister must not accept an Environment
Management Plan unless he or she is satisfied that
the licensee has, in preparing the Plan, consulted
15
any person who owns, occupies or manages the
land on which the operation is to be carried out.
(2) The Minister must consult with the Minister
administering the Gas Safety Act 1997 before
accepting an Environment Management Plan.
20
(3) The Minister may consult with any other Minister,
public authority, person or body that the Minister
considers to be affected by the Environment
Management Plan before accepting the
Environment Management Plan.
25
(4) The Minister may request a licensee to provide
any further information that the Minister considers
necessary to enable him or her to determine
whether or not to accept the Environment
Management Plan.
30
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(5) The Minister must accept an Environment
Management Plan if the Minister is satisfied that
the Plan is appropriate for the pipeline operation
to which it applies and complies with this Act and
the regulations relating to Environment
5
Management Plans.
(6) The Minister may accept an Environment
Management Plan on conditions that relate or are
incidental to the impact on the environment of the
pipeline operation.
10
136. Plan must be observed in carrying out operation
In carrying out a pipeline operation, a licensee
must ensure that the operation is carried out in
accordance with the Environment Management
Plan accepted by the Minister in relation to the
15
pipeline operation.
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.
20
137. Minister may permit amendment of Environment
Management Plan
On the written application of a licensee, the
Minister may permit the licensee to amend the
Environment Management Plan that applies or is
25
to apply to a pipeline operation of the licensee.
138. Minister may require amendment of Environment
Management Plan
(1) The Minister may require the licensee to amend
the Environment Management Plan that applies or
30
is to apply to a pipeline operation of the licensee.
(2) The Minister may only do this after consulting
with the licensee.
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139. Review of Environment Management Plan
A licensee must--
(a) review its Environment Management Plan
before the end of each period of 5 years after
the date the Plan was accepted; and
5
(b) report the results of each review to the
Minister within 28 days after the completion
of the review.
Penalty: In the case of a natural person,
60 penalty units;
10
In the case of a body corporate,
240 penalty units.
__________________
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Part 10--Rehabilitation and Compensation
s. 140
PART 10--REHABILITATION AND COMPENSATION
Division 1--Rehabilitation Bond
140. What is a rehabilitation bond?
For the purposes of this Part a "rehabilitation
bond" is an instrument securing the payment of a
5
specified amount of money for any rehabilitation
work, clean-up work or pollution prevention work
that may be necessary as a result of--
(a) the construction of a pipeline; or
(b) the decommissioning or removal of a
10
pipeline.
141. Requirement to take out rehabilitation bond
(1) A licensee must not construct a pipeline unless the
licensee has obtained a rehabilitation bond that is
acceptable to the Minister and is for an amount
15
specified by the Minister.
Penalty: In the case of a natural person,
120 penalty units;
In the case of a body corporate,
600 penalty units.
20
(2) If required by the Minister, a licensee must
provide to the Minister before the cancellation or
surrender of the licence a rehabilitation bond that
is acceptable to the Minister and is for an amount
specified by the Minister.
25
Penalty: In the case of a natural person,
120 penalty units;
In the case of a body corporate,
600 penalty units.
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s. 142
142. Minister may require increased rehabilitation bond
(1) This section applies if the Minister believes that
the amount secured by a rehabilitation bond in
relation to the construction, decommissioning or
removal of a pipeline is insufficient.
5
(2) The Minister may, by written notice, require the
licensee to obtain an extension of the
rehabilitation bond, or a further rehabilitation
bond for an amount determined by the Minister.
(3) The further rehabilitation bond must be acceptable
10
to the Minister.
(4) Before making a requirement under this section,
the Minister must consult the licensee.
(5) The licensee must comply with a notice imposing
a requirement under this section within 30 days
15
after being given the notice.
Penalty: In the case of a natural person,
120 penalty units;
In the case of a body corporate,
600 penalty units.
20
143. Return of bond if rehabilitation satisfactory
The Minister must discharge a rehabilitation bond,
or return a rehabilitation bond to the licensee or a
former licensee as soon as practicable once the
Minister is satisfied--
25
(a) that the relevant land has been rehabilitated
as required by section 145, 146 or 147; and
(b) that the rehabilitation is likely to be
successful; and
(c) that any other work in respect of which the
30
bond was required has been satisfactorily
completed.
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Division 2--Insurance
144. Insurance must be held
A licensee must obtain and maintain, as directed
by the Minister from time to time, insurance
against expenses or liabilities or specified things
5
arising in connection with, or as a result of, the
carrying out of a pipeline operation, or the doing
of any other thing, under the licence, including the
expenses of complying with directions with
respect to the clean-up or other remedying of the
10
effects of the escape of petroleum, or any other
liquid or gaseous substance, from the pipeline.
Division 3--Rehabilitation
145. Rehabilitation by licensee after construction
(1) A licensee must rehabilitate, at the licensee's own
15
expense, any land on or under which a pipeline is
situated as soon as practicable after the
completion of construction of that part of the
pipeline.
(2) In rehabilitating the land, the licensee must restore
20
it so as to enable it to be used--
(a) as far as practicable for the purposes for
which it was used immediately before the
construction of that part of the pipeline; or
(b) with the prior approval of the Minister, for
25
any other purpose agreed between the owner
and the occupier of the land and the licensee.
146. Rehabilitation on decommissioning of pipeline
If a decommissioning plan has been prepared for a
pipeline under Division 8 of Part 5, the licensee
30
must carry out any rehabilitation of land provided
for in that plan.
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147. Rehabilitation on cancellation or surrender of
licence
(1) If a licence is surrendered or cancelled, the
Minister may, in writing, direct the person who
held that licence--
5
(a) to remove the pipeline; and
(b) to rehabilitate the land from which the
pipeline was removed to a standard
determined by the Minister.
(2) If a licence is surrendered or cancelled, the
10
Minister may, in writing, direct the person who
held that licence to remove all equipment brought
on to land under that licence.
(3) The Minister must consult with the owner and the
occupier of the land to which a direction relates
15
before giving a direction about the standard of
rehabilitation of that land.
(4) A person to whom a direction is given under this
section must comply with that direction within
60 days after it is given or within any longer time
20
that is specified by the Minister in the direction.
Penalty: In the case of a natural person,
120 penalty units;
In the case of a body corporate,
600 penalty units.
25
148. Rehabilitation by owner
(1) If a licensee fails to rehabilitate land as required
by this Division, the owner of the land may--
(a) rehabilitate the land; and
(b) recover from the licensee, in any court of
30
competent jurisdiction, the expenses
reasonably incurred in carrying out that
rehabilitation.
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(2) Any expenses recovered under this section do not
affect any right to compensation that a person may
have under this Act in respect of that land.
149. Rehabilitation by Minister
(1) The Minister may do anything necessary to
5
rehabilitate land on or under which a pipeline is or
was situated if he or she--
(a) is not satisfied that the land has been
rehabilitated as required by this Division; or
(b) is satisfied that further rehabilitation of the
10
land is necessary; or
(c) is asked to do so by the owner of the land.
(2) The Minister may only do this if he or she has
asked the licensee to rehabilitate the land and the
licensee has failed to do so within a reasonable
15
period after the request.
(3) The Minister may recover as a debt due to the
Crown in any court of competent jurisdiction any
amount incurred under sub-section (1) that cannot
be recovered from the rehabilitation bond that
20
applies in respect of the land.
(4) If the Minister refuses to act on a request under
sub-section (1)(c), he or she must inform the
owner of the land of the reasons for that refusal.
150. Minister may remove pipeline or equipment
25
(1) If a person fails to remove a pipeline or equipment
in accordance with a direction under this Division,
the Minister may cause the pipeline or equipment
to be removed and may dispose of the pipeline or
equipment.
30
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(2) The Minister may recover any cost involved in
doing this from the rehabilitation bond that applies
in respect of the removal of the pipeline and from
any proceeds that result from the disposal of the
pipeline or equipment.
5
(3) If the cost of removing or disposing of any
pipeline or equipment is greater than the amount
that can be recovered under sub-section (2) in
relation to that pipeline or equipment, the person
who failed to comply with the direction must pay
10
the difference to the Minister.
(4) The Minister may recover as a debt due to the
Crown in a court of competent jurisdiction any
amount payable under sub-section (3).
Division 4--Compensation
15
151. Owner's and occupier's right to compensation
(1) The owner and the occupier of land are each
entitled to compensation from--
(a) a proponent who enters the land in
accordance with Division 2 of Part 4 to carry
20
out any survey;
(b) a licensee who carries out a pipeline
operation;
(c) a licensee in respect of any emergency
access to the land under Division 3 of Part 6.
25
(2) The compensation is to cover--
(a) deprivation or impairment of the use and
enjoyment of the land; and
(b) damage to the land (not including damage
that has been made good by the proponent or
30
licensee); and
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(c) damage to, or disturbance of, any business or
other activity lawfully conducted on the
land; and
(d) consequential loss.
(3) The compensation may be determined by
5
agreement.
152. Compensation for third party access
An owner and an occupier of land (other than a
licensee) is entitled to be paid compensation by a
person to whom approval for third party access
10
to an easement over the land is given under
section 123 for any additional loss or damage
incurred by the owner or occupier as a result of
that access.
153. When must a claim for compensation be brought?
15
A claim for compensation under this Division for
loss or damage for which no agreement has been
reached must be made within 3 years after the loss
or damage occurred.
154. Determination of compensation by VCAT
20
(1) An owner or occupier of land may in accordance
with Part 10 of the Land Acquisition and
Compensation Act 1986--
(a) apply to VCAT for the determination of a
disputed claim for compensation under this
25
Division; or
(b) refer a disputed claim for compensation
under this Division to the Supreme Court for
determination.
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(2) Part 10 of the Land Acquisition and
Compensation Act 1986 applies for the purposes
of sub-section (1) as if--
(a) the claim were a claim for compensation
under that Act; and
5
(b) the licensee or proponent were the Authority
referred to in that Part.
(3) This section does not apply to a claim for just
terms compensation under section 53(1) of the
Native Title Act.
10
(4) In assessing compensation, any other
compensation which the owner may have
received, or to which the owner may be entitled, is
to be taken into account.
__________________
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PART 11--ENFORCEMENT
Division 1--Directions of Minister
155. Power of Minister to give directions
If the Minister considers that is necessary to do so
in an emergency, the Minister may, in writing,
5
direct any person--
(a) to cease to operate a pipeline, if the Minister
considers it is necessary to do so for safety
reasons; or
(b) to do any thing the Minister considers
10
necessary to make a pipeline safe; or
(c) to do or cease to do any other thing in
relation to a pipeline operation that the
Minister considers necessary for the
protection or rehabilitation of the
15
environment or for the health or safety of the
public.
156. Offence to fail to comply with direction
A person must not, without lawful excuse, fail to
comply with a direction under section 155 that
20
applies to that person.
Penalty: In the case of a natural person,
240 penalty units or 2 years
imprisonment or both;
In the case of a body corporate,
25
1200 penalty units.
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Division 2--Inspection Powers
157. Authorisation of inspectors
(1) The Minister may authorise an inspector
appointed under the Gas Safety Act 1997 or any
other person to carry out inspections for the
5
purposes of this Act.
(2) The Minister must not authorise a person under
this section unless the Minister is satisfied that the
person is appropriately qualified or has
successfully completed appropriate training.
10
158. Identity cards
(1) The Minister must give each authorised person an
identity card that identifies the person by name as
an inspector under this Act and that contains a
photograph of the person.
15
(2) If a person's authorisation as an inspector is
revoked or expires, he or she must immediately
return his or her identity card to the Minister.
Penalty: 5 penalty units.
159. Production of identity card
20
An inspector must produce his or her identity card
for inspection--
(a) before exercising a power under this
Division, other than a requirement made by
post; and
25
(b) at any time during the exercise of a power
under this Division, if asked to do so.
Penalty: 10 penalty units.
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160. Monitoring compliance with this Act
(1) An inspector may enter any premises that the
inspector believes have been, are being, or are to
be, used in connection with a pipeline operation at
any reasonable hour in the daytime and at any
5
time that the premises are open for business and
may--
(a) inspect the premises and any thing on the
premises;
(b) make copies of, or take extracts from, any
10
document kept on the premises;
(c) seize any thing on the premises if the
inspector believes on reasonable grounds that
it is necessary to seize the thing in order to
prevent its concealment, loss or destruction;
15
(d) test any equipment on the premises;
(e) take any photographs or make any audio or
visual recordings that the inspector considers
necessary;
(f) use any assistants the inspector considers
20
necessary to exercise the powers conferred
by this section.
(2) Without limiting sub-section (1), an inspector may
at all reasonable times and with any assistants,
vehicles and equipment he or she considers
25
necessary--
(a) carry out any inspections and tests of a
pipeline; and
(b) take samples of anything in the pipeline and
of any soil, water, flora, fauna (whether alive
30
or dead) or air in the vicinity of the pipeline
that he or she considers necessary or
expedient; and
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(c) cross any land adjacent to the pipeline in
order to reach or return from the pipeline.
(3) An inspector may exercise powers under this
section only to the extent that it is reasonably
necessary to do so for the purpose of determining
5
compliance with this Act or in connection with the
issue of a prohibition notice.
(4) An inspector may not continue to exercise any
powers under this section if he or she fails to
produce, on request, his or her identity card for
10
inspection by the occupier of the land.
(5) An inspector may not, under this section, enter a
residence for the purpose of determining
compliance with this Act unless the occupier of
the residence has consented in writing to the entry
15
and the carrying out of a search.
161. Emergencies
(1) If an inspector reasonably believes that it is
necessary to do so because of the existence, on
any premises that the inspector believes have
20
been, are being, or are to be, used in connection
with a pipeline operation, of an immediate serious
risk to health, safety or the environment from the
pipeline operation, the inspector may at any time
enter the premises and exercise any power
25
conferred by section 160(1).
(2) An inspector may not continue to exercise any
powers under this section if he or she fails to
produce, on request, his or her identity card for
inspection by the occupier of the premises.
30
(3) If an inspector exercises a power of entry under
this section without the owner or occupier being
present, the inspector must, on leaving the
premises, leave a notice setting out--
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(a) the time of entry; and
(b) the purpose of entry; and
(c) a description of all things done while on the
premises; and
(d) the time of departure; and
5
(e) the procedure for contacting the Department
for further details of the entry.
162. Offence-related searches and seizures
(1) An inspector may only exercise powers under this
section if he or she has reasonable grounds for
10
suspecting that there is on any premises a
particular thing that may be evidence of the
commission of an offence under this Act.
(2) The inspector, with any assistants he or she
considers necessary, may with the consent in
15
writing of the occupier of the premises, enter the
premises and search for the thing without applying
for a search warrant.
(3) An inspector must not enter and search any
premises with the consent of the occupier unless,
20
before the occupier consents to that entry, the
inspector has--
(a) produced his or her identity card for
inspection; and
(b) informed the occupier--
25
(i) of the purpose of the search; and
(ii) that the occupier may refuse to give
consent to the entry and search or to the
seizure of anything found during the
search; and
30
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(iii) that the occupier may refuse to consent
to the taking of any sample of goods or
any copy or extract from a document
found on the premises during the
search; and
5
(iv) that anything seized or taken during the
search with the consent of the occupier
may be used in evidence in
proceedings.
(4) If the thing is found during a search under sub-
10
section (2), the inspector may--
(a) inspect the thing on the premises;
(b) inspect, and make copies of, or take extracts
from, the thing;
(c) seize the thing if the inspector believes on
15
reasonable grounds that it is necessary to
seize it in order to prevent its concealment,
loss or destruction.
163. Occupier to be given copy of consent
(1) An occupier who consents in writing to the entry
20
and search of their premises or residence under
section 160 or 162 must be given a copy of the
signed consent immediately.
(2) If, in any proceeding, a written consent is not
produced to the court, it must be presumed, until
25
the contrary is proved, that the occupier did not
consent to the entry and search.
164. Search warrant
(1) An inspector may apply to a magistrate for the
issue of a search warrant in relation to particular
30
premises if the inspector believes on reasonable
grounds that there is, or may be within the next
72 hours, on the premises a particular thing that
may be evidence of the commission of an offence
under this Act.
35
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(2) If a magistrate is satisfied that there are reasonable
grounds for suspecting that there is, or may be
within the next 72 hours, on the premises a
particular thing that may be evidence of the
commission of an offence under this Act, the
5
magistrate may issue a search warrant authorising
an inspector named in the warrant and any
assistants the inspector considers necessary--
(a) to enter the premises, or the part of the
premises, named or described in the warrant;
10
and
(b) to search for and seize any thing named or
described in the warrant.
(3) In addition to any other requirement, a search
warrant issued under this section must state--
15
(a) the offence suspected; and
(b) the premises to be searched; and
(c) a description of the thing for which the
search is to be made; and
(d) any conditions to which the warrant is
20
subject; and
(e) whether entry is authorised to be made at any
time or during stated hours; and
(f) a day, not later than 7 days after the issue of
the warrant, on which the warrant ceases to
25
have effect.
(4) A search warrant must be issued in accordance
with the Magistrates' Court Act 1989 and must
be in the form set out in the regulations under that
Act.
30
(5) Section 78(1)(b)(iii) of the Magistrates' Court
Act 1989 does not apply to a search warrant
issued under this section.
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(6) Subject to any provision to the contrary in this
Act, the rules to be observed with respect to
search warrants mentioned in the Magistrates'
Court Act 1989 extend and apply to warrants
under this section.
5
165. Announcement before entry
(1) Before executing a search warrant, the inspector
named in the warrant or a person assisting the
inspector must announce that he or she is
authorised by the warrant to enter the premises
10
and give any person at the premises an
opportunity to allow entry to the premises.
(2) The inspector or a person assisting the inspector
need not comply with sub-section (1) if he or she
believes on reasonable grounds that immediate
15
entry to the premises is required to ensure--
(a) the safety of any person; or
(b) that the effective execution of the search
warrant is not frustrated.
166. Copy of warrant to be given to occupier
20
If the occupier or another person who apparently
represents the occupier is present at the premises
when a search warrant is being executed, the
inspector must--
(a) identify himself or herself to that person by
25
producing his or her identity card for
inspection by that person; and
(b) give to that person a copy of the execution
copy of the warrant.
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167. Receipt must be given for any thing seized
(1) An inspector may not seize a thing, apparently in
the possession or custody of a person, unless he or
she makes out and tenders to the person a receipt
for the thing seized that--
5
(a) identifies the thing; and
(b) states the name of the inspector and the
reason why the thing is being seized.
(2) If an inspector is unable to discover the identity of
the owner or custodian of any thing seized, the
10
inspector must leave the receipt with, or post it to,
the owner of the premises from which the thing
was seized.
168. Copies of certain seized things to be given
(1) If an inspector seizes--
15
(a) a document; or
(b) a thing that can be readily copied; or
(c) a storage device the information in which
can be readily copied--
the inspector must give a copy of the thing or
20
information to the owner or custodian of the
document, thing or device as soon as practicable
after the seizure.
(2) Sub-section (1) does not apply--
(a) to any document, thing or device moved
25
under section 169(2); or
(b) if the inspector is unable to discover the
identity of the owner or custodian of any
document, thing or device seized.
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169. Use of equipment to examine or process things
(1) An inspector may bring on to a premises any
equipment reasonably necessary for the
examination or processing of things found at the
premises in order to determine whether they are
5
things that may be seized.
(2) If--
(a) it is not practicable to examine or process the
things at the premises; or
(b) the occupier of the premises consents in
10
writing--
the things may be moved to another place so that
the examination or processing can be carried out
in order to determine whether they are things that
may be seized.
15
(3) The inspector, or a person assisting the inspector,
may operate equipment already at the premises to
carry out the examination or processing of a thing
found at the premises in order to determine
whether it is a thing that may be seized, if the
20
inspector or person assisting the inspector believes
on reasonable grounds that--
(a) the equipment is suitable for the examination
or processing; and
(b) the examination or processing can be carried
25
out without damage to the equipment or the
thing.
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170. Use or seizure of electronic equipment at premises
(1) If--
(a) a thing found at a premises is, or includes, a
disk, tape or other device for the storage of
information; and
5
(b) equipment at the premises may be used with
the disk, tape or other storage device; and
(c) the inspector believes on reasonable grounds
that the information stored on the disk, tape
or other storage device is relevant to
10
determine whether this Act has been
contravened--
the inspector or a person assisting the inspector
may operate, or may require the occupier or an
employee of the occupier to operate, the
15
equipment to access the information.
(2) If the inspector or a person assisting the inspector
finds that a disk, tape or other storage device at
the premises contains information of the kind
referred to in sub-section (1)(c), he or she may--
20
(a) put the information in documentary form and
seize the documents so produced; or
(b) copy the information to another disk, tape or
other storage device and remove that storage
device from the premises; or
25
(c) if it is not practicable to put the information
in documentary form or to copy the
information, seize the disk, tape or other
storage device and the equipment that
enables the information to be accessed.
30
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(3) An inspector or a person assisting an inspector
must not operate or seize equipment for the
purpose mentioned in this section unless the
inspector or person assisting believes on
reasonable grounds that the operation or seizure of
5
the equipment can be carried out without damage
to the equipment.
171. Taking samples
(1) If an inspector proposes to take a sample in
exercise of a power under this Division, the
10
inspector must advise the person in possession of
the sample of the reason why the sample is being
taken.
(2) The inspector, at the request of the person from
whom the sample was taken, must give part of the
15
sample taken to that person.
(3) If an inspector takes a sample in the exercise of a
power under this Division, the inspector must
return the sample to the person from whom it was
taken within 28 days, if the sample is not required
20
for the purposes of proceedings under this Act.
172. Compensation for damage
(1) The Minister must pay compensation for any
damage caused by an inspector, or a person
assisting an inspector, in exercising (or purporting
25
to exercise) any power conferred by this Act.
(2) However, the Minister is not liable to pay
compensation for any damage caused during any
inspection that reveals that there has been a
contravention of this Act.
30
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(3) In determining the amount of compensation
payable in relation to any damage caused to
electronic equipment, regard is to be had to
whether the occupier of the premises and the
employees and agents of the occupier, if they were
5
available at the time, had provided any warning or
guidance as to the operation of the equipment that
was appropriate in the circumstances.
173. Return of seized things
(1) If an inspector seizes a thing under this Act, the
10
inspector must take reasonable steps to return the
thing to the person from whom it was seized if the
reason for its seizure no longer exists.
(2) If the thing has not been returned before the end
of the retention period, the inspector must take
15
reasonable steps to return it unless--
(a) proceedings have commenced within the
retention period and those proceedings
(including any appeal) have not been
completed; or
20
(b) the Magistrates' Court makes an order under
section 174 extending the retention period.
174. Magistrates' Court may extend period
(1) An inspector may apply to the Magistrates' Court
within the retention period or within a period
25
extended by the Court under this section for an
extension of that period.
(2) The Magistrates' Court may order the extension if
satisfied that retention of the thing is necessary--
(a) for the purposes of an investigation into
30
whether an offence has been committed; or
(b) to enable evidence of an offence to be
obtained for the purposes of a prosecution.
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(3) The Magistrates' Court may adjourn an
application to enable notice of the application to
be given to any person.
175. Requirement to assist inspector during entry
(1) To the extent that is reasonably necessary to
5
determine compliance with this Act or whether
there exists a risk of a kind referred to in section
161(1), an inspector exercising a power of entry
under this Division who produces his or her
identity card for inspection by a person, may
10
require that person--
(a) to give information to the inspector, orally or
in writing; and
(b) to produce documents to the inspector; and
(c) to give reasonable assistance to the inspector.
15
(2) An inspector must notify a person of the
provisions of section 177 before requiring the
person to give information to the inspector or to
produce documents to the inspector.
176. Refusal or failure to comply with requirement
20
A person must not, without reasonable excuse,
refuse or fail to comply with a requirement of an
inspector under this Division.
Penalty: In the case of a natural person,
240 penalty units;
25
In the case of a body corporate,
1200 penalty units.
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177. Protection against self-incrimination
(1) It is a reasonable excuse for a natural person to
refuse or fail to give information or do any other
thing that the person is required to do by or under
this Act, if the giving of the information or the
5
doing of that other thing would tend to incriminate
the person.
(2) Despite sub-section (1), it is not a reasonable
excuse for a natural person to refuse or fail to
produce a document that the person is required to
10
produce by or under this Act, if the production of
the document would tend to incriminate the
person.
178. Offence to give false or misleading information
A person must not--
15
(a) give information to an inspector under this
Division in relation to a pipeline operation
that the person knows to be false or
misleading in a material detail; or
(b) produce a document to an inspector under
20
this Division in relation to a pipeline
operation that the person knows to be false
or misleading in a material detail without
indicating the respect in which it is false or
misleading and, if practicable, providing
25
correct information.
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.
30
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179. Offence to obstruct inspector
A person must not--
(a) obstruct or hinder; or
(b) refuse admission to any premises to--
an inspector, or any person necessarily assisting
5
an inspector, while the inspector is exercising a
power given to the inspector by this Act in
accordance with this Act.
Penalty: In the case of a natural person,
240 penalty units;
10
In the case of a body corporate,
1200 penalty units.
Division 3--Improvement and Prohibition Notices
180. Improvement notice
(1) This section applies if an inspector reasonably
15
believes that a licensee--
(a) is contravening this Act; or
(b) has contravened this Act in circumstances
that make it likely that the contravention will
occur again; or
20
(c) is not complying with a condition of the
licence; or
(d) has failed to comply with a condition of the
licence in circumstances that make it likely
that the failure will occur again.
25
(2) The inspector may issue to the licensee an
improvement notice requiring the licensee to take
specified action within a specified period to stop
the contravention, or failure to comply, from
continuing or occurring again.
30
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s. 181
(3) The licensee must comply with the notice.
Penalty: In the case of a natural person,
240 penalty units;
In the case of a body corporate,
1200 penalty units.
5
181. Prohibition notice
(1) This section applies if an activity or event is
occurring, or is likely to occur, in, or in the
vicinity of, a pipeline area that an inspector
reasonably believes creates an immediate serious
10
risk to health, safety or the environment.
(2) The inspector may issue to the licensee a
prohibition notice prohibiting the licensee--
(a) from carrying out, or continuing to carry out,
any pipeline operation, or any activity
15
relating to a pipeline operation, in, or in the
vicinity of, the pipeline area; or
(b) from taking any specified action in the
pipeline area--
until the inspector certifies in writing that any
20
direction included in the prohibition notice has
been complied with, or until the expiry of a
specified period.
(3) The inspector--
(a) may include in the notice directions as to
25
measures to be taken to remove or reduce the
risk to which the notice relates; and
(b) must specify in the notice the time from
when the prohibition is to take effect.
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(4) The licensee must comply with the notice.
Penalty: In the case of a natural person,
600 penalty units;
In the case of a body corporate,
3000 penalty units.
5
(5) If the licensee fails to comply with a notice given
to it under this section, the licensee is guilty of an
offence for each day the failure to comply in
respect of which the notice was given continues
after the relevant prohibition takes effect.
10
(6) A licensee who is guilty of an offence under sub-
section (5) is liable to a penalty of 10 penalty units
for each day the offence continues after the
prohibition takes effect.
182. Right to review
15
(1) A person may apply to VCAT for a review of a
decision by an inspector to issue an improvement
notice or prohibition notice.
(2) An application for a review must be made within
28 days after the later of--
20
(a) the day on which the decision is made;
(b) if, under the Victorian Civil and
Administrative Tribunal Act 1998, the
person requests a statement of reasons for the
decision, the day on which the statement of
25
reasons is given to the person or the person is
informed under section 46(5) of that Act that
a statement of reasons will not be given.
(3) Despite section 180(3), a licensee who applies for
a review of the issue of an improvement notice
30
need not comply with the notice until--
(a) VCAT affirms the notice; or
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s. 183
(b) the licensee abandons the application for the
review or it receives written notice that
VCAT has dismissed the application.
183. Defences to charge of failing to comply with a notice
(1) In a proceeding for an offence of failing to comply
5
with an improvement notice, it is a defence to the
charge for the accused to prove that the accused
did not contravene this Act, or fail to comply with
a condition of a licence, in the manner set out in
the improvement notice.
10
(2) In a proceeding for an offence of failing to comply
with an improvement notice or prohibition notice,
it is a defence to the charge for the accused to
prove that the accused took all reasonable steps to
comply with the notice.
15
__________________
104
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Act No.
Part 12--Administrative Matters
s. 184
PART 12--ADMINISTRATIVE MATTERS
Division 1--Delegation
184. Delegation by Minister
A Minister may by instrument delegate any of his
or her powers or functions under this Act (other
5
than a power under section 53 or section 95 or this
power of delegation) to--
(a) any person employed in the public service;
or
(b) the holder for the time being of any office or
10
position in the public service; or
(c) any employee of Energy Safe Victoria.
185. Delegation by the Secretary
The Secretary may by instrument delegate any of
the Secretary's powers or functions under this Act
15
(other than this power of delegation) to--
(a) any person employed in the public service;
or
(b) the holder for the time being of any office or
position in the public service.
20
Division 2--Pipelines Register
186. Pipelines Register
(1) The Secretary must establish and maintain a
Pipelines Register.
(2) The Secretary must record the following in the
25
Pipelines Register--
(a) licences; and
(b) instruments of surrender of licences; and
105
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(c) instruments of amendment, consolidation or
cancellation of licences.
(3) The Pipelines Register may be kept in electronic
form.
187. Correction of Pipelines Register
5
(1) If the Secretary considers that a correction to the
Pipelines Register is necessary, the Secretary may
correct any error or omission in the Pipelines
Register by--
(a) inserting an entry; or
10
(b) amending an entry; or
(c) omitting an entry.
(2) The Secretary may make the correction on the
Secretary's initiative or on the application of any
person.
15
(3) The Secretary must notify the licensee of any
correction made under this section that affects the
licence.
188. Disclosure of registered information
(1) Subject to this section, the Secretary must--
20
(a) at all reasonable times, allow access to the
Pipelines Register; and
(b) provide information from the Pipelines
Register--
to any person who pays the prescribed fee.
25
(2) The Secretary must not allow access to the
Pipelines Register or disclose any information
from the Pipelines Register if the Secretary
considers that the information is confidential or of
a commercially sensitive nature.
30
106
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Part 12--Administrative Matters
s. 189
189. Offences
A person must not knowingly make, or cause or
allow to be made, a false or unauthorised entry in
the Pipelines Register.
Penalty: In the case of a natural person,
5
120 penalty units;
In the case of a body corporate,
600 penalty units.
__________________
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Act No.
Part 13--Regulations
s. 190
PART 13--REGULATIONS
190. Regulations
(1) The Governor in Council may make regulations
for or with respect to any matter or thing which by
this Act is required or permitted to be prescribed
5
or which is necessary to be prescribed for carrying
out the purposes of this Act.
(2) Without limiting sub-section (1), the Governor in
Council may make regulations for or with respect
to--
10
(a) the granting and issuing of licences;
(b) pipeline operations including matters relating
to health, safety and the environment;
(c) consultation plans for proposed pipelines;
(d) Safety Management Plans and Environment
15
Management Plans, specifying the
requirements and standards with which a
Plan must comply;
(e) decommissioning plans for pipelines;
(f) entry onto land;
20
(g) fees and forms for the purposes of this Act.
(3) The regulations--
(a) may be of general or of specially limited
application; and
(b) may differ according to differences in time,
25
place or circumstance; and
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Part 13--Regulations
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(c) may require a matter affected by the
regulations to be--
(i) in accordance with a specified standard
or specified requirement; or
(ii) approved by or to the satisfaction of a
5
specified person or a specified class of
person; or
(iii) as specified in both sub-paragraphs (i)
and (ii); and
(d) may apply, adopt or incorporate any matter
10
contained in any document whether--
(i) wholly or partially or as amended by
the regulations; or
(ii) as in force at a particular time or as in
force from time to time; and
15
(e) may confer a discretionary authority or
impose a duty on a specified person or a
specified class of person; and
(f) may impose a penalty not exceeding
20 penalty units for a contravention of the
20
regulations.
__________________
109
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Act No.
Part 14--Transitional Provisions
s. 191
PART 14--TRANSITIONAL PROVISIONS
191. Definition
In this Part--
"commencement day" means the date of
commencement of section 213;
5
"new Act licence" has the meaning given by
section 194;
"old Act" means the Pipelines Act 1967.
192. General transitional provisions
This Part does not affect or take away from the
10
Interpretation of Legislation Act 1984.
193. Superseded references
(1) On and from the commencement day, in any Act
(other than this Act) or in any instrument made
under any Act or in any other document of any
15
kind a reference to the old Act is (so far as it
relates to any period after that commencement and
unless the context otherwise requires) deemed to
be a reference to this Act.
(2) On and from the commencement day, in any Act
20
(other than this Act) or in any instrument made
under any Act or in any other document of any
kind a reference to a permit or licence under the
old Act is (so far as it relates to any period after
that commencement and unless the context
25
otherwise requires) deemed to be a reference to a
licence under this Act.
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194. Existing permits and licences
(1) A person who on the commencement day is the
holder of a permit and a licence in force under the
old Act in respect of a pipeline is deemed on and
from that commencement to be the holder of a
5
licence issued under this Act to construct and
operate that pipeline (the new Act licence).
(2) Subject to this Part, the new Act licence is deemed
to issued on the same terms and conditions as
those to which the permit and the licence under
10
the old Act were subject.
(3) Despite anything to the contrary in the permit or
licence under the old Act but subject to Part 5, the
new Act licence is to remain in force indefinitely.
(4) The new Act licence for the pipeline is deemed for
15
the purposes of section 60 to have been issued on
the commencement day if--
(a) the construction of the pipeline for which the
permit and licence was issued under the old
Act had not commenced before the
20
commencement day; and
(b) a time for commencement of that
construction is not specified in the permit or
licence under the old Act.
(5) The construction of the pipeline under the
25
new Act licence is deemed for the purposes of
section 61 to have commenced on the
commencement day if--
(a) the construction of the pipeline for which the
permit and licence was issued under the old
30
Act had commenced but was not completed
before the commencement day; and
(b) a time for completion of that construction is
not specified in the permit or licence under
the old Act.
35
111
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(6) If there is any inconsistency between the terms
and conditions of the permit and licence under the
old Act and a provision of this Act or the
regulations under this Act, the provision of this
Act or the regulations under this Act prevails.
5
195. Authorised route of existing pipeline
The authorised route of the pipeline under a new
Act licence is deemed to be the authorised route
for that pipeline existing under the old Act
immediately before the commencement day.
10
196. Application for permit for new pipeline
(1) An application for a permit made under section
9(1) of the old Act in respect of a new pipeline but
not determined before the commencement day is
deemed to be an application for a licence to
15
construct and operate the pipeline under this Act
(the new pipeline application).
(2) This Act (except Divisions 1 and 3 of Part 4 and
section 28) applies to the new pipeline
application.
20
(3) If an application for a licence had not been made
before the commencement day in respect of the
pipeline, the Minister may require the applicant
for the permit to provide any further information
that the Minister considers necessary or expedient
25
to enable the Minister to consider and decide on
the new pipeline application.
197. Existing application for permit for existing pipeline
(1) An application made under section 9(1) or 28 of
the old Act in respect of an existing pipeline but
30
not determined before the commencement day is
deemed to be an application for a licence to
construct and operate the pipeline under this Act
(the existing pipeline application).
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(2) This Act (except Part 4 and section 28) applies to
the existing pipeline application.
198. New application for existing pipeline
Part 4 and section 28(2) of this Act do not apply to
an application for a licence under this Act in
5
respect of a pipeline existing on the
commencement day.
199. Application to vary authorised route of pipeline
(1) This section applies to an application made under
section 12(4) of the old Act but not determined
10
before the commencement day.
(2) The Minister must determine in respect of each
application whether it is an application for a minor
alteration or an application for a significant
alteration in the authorised route of the pipeline.
15
(3) If the application is determined to be an
application for a minor alteration, it is deemed to
be an application under section 66 of this Act.
(4) If the application is determined to be an
application for a significant alteration, it is
20
deemed to be an application under section 68 of
this Act.
200. Application for consolidation of permits
An application made under section 12A of the old
Act but not determined before the commencement
25
day is deemed to be an application under
Division 7 of Part 5 of this Act if it relates to a
new Act licence.
201. Application for variation of permit or licence
An application made under section 12B or 28A of
30
the old Act but not determined before the
commencement day is deemed to be an
application under section 63 of this Act if it relates
to a new Act licence.
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s. 202
202. Application for consent to transfer permit or licence
An application made under section 14 or 28B of
the old Act for consent to transfer a permit or
licence but not determined before the
commencement day is deemed to be an
5
application under section 79 of this Act if it relates
to a new Act licence.
203. Authorisation to convey thing through pipeline
(1) An authorisation given in respect of a pipeline
under section 16 of the old Act and existing on the
10
commencement day is deemed to be an
authorisation in respect of that pipeline under
section 113 of this Act.
(2) An application made under section 16 of the old
Act but not determined before the commencement
15
day is deemed to be an application under
section 113 of this Act.
204. Direction to share use of pipeline
(1) A direction given by the Minister under section 17
of the old Act and existing on the commencement
20
day is deemed to be a direction of the Minister
under section 122 of this Act.
(2) An application made under section 17(3) of the
old Act but not determined before the
commencement day is deemed to be an
25
application under section 122 of this Act.
205. Compulsory acquisition
(1) If before the commencement day, the Minister had
given permission under section 22 of the old Act
to a compulsory acquisition of an easement over
30
private land--
(a) section 22 of the old Act continues to apply
to that acquisition and the acquisition may be
completed as if that section had not been
repealed; and
35
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s. 206
(b) Division 2 of Part 6 of this Act does not
apply to that acquisition.
(2) Sections 22A to 22D of the old Act and Part 15A
of Schedule 1 of the Victorian Civil and
Administrative Tribunal Act 1998 continue to
5
apply, despite their repeal, to any compulsory
acquisition, relevant procedure, hearing or claim
commenced under sections 22A to 22D but not
determined or completed before the
commencement day.
10
206. Consent of Minister for operation of pipeline
A consent of the Minister given under section 35
of the old Act in respect of a pipeline to which a
new Act licence applies and existing on the
commencement day is deemed to be a relevant
15
consent under section 108 of this Act.
207. Continuation of hearing under section 41
A hearing by the Minister under section 41 of the
old Act commenced but not completed before the
commencement day may be continued and
20
completed as if it were a hearing under
section 120 of this Act.
208. Deemed Safety Management Plan--gas pipeline
(1) This section applies in respect of a pipeline for the
conveyance of gas--
25
(a) to which a new Act licence applies; and
(b) in respect of which a safety case accepted
under section 40 of the Gas Safety Act 1997
exists on the commencement day.
(2) The accepted safety case is deemed for the
30
purposes of this Act to be a Safety Management
Plan accepted on the commencement day by
Energy Safe Victoria under section 128 of this Act
in respect of a pipeline operation that relates to the
conveyance of gas through the pipeline.
35
115
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Part 14--Transitional Provisions
s. 209
(3) In this section "gas" has the same meaning as it
has in the Gas Safety Act 1997.
209. Deemed Safety Management Plan--Plans required
by old regulations
(1) This section applies in respect of a pipeline (other
5
than a pipeline to which section 208 applies)--
(a) to which a new Act licence applies; and
(b) in respect of which both an approved
Construction Safety Plan and an approved
Safety and Operating Plan required by
10
regulation 19 of the Pipelines Regulations
2000 exist on the commencement day.
(2) The approved Construction Safety Plan and the
approved Safety and Operating Plan are together
deemed for the purposes of this Act to be a Safety
15
Management Plan accepted on the commencement
day by Energy Safe Victoria under section 128 of
this Act in respect of any pipeline operation that
relates to the pipeline.
(3) In this section--
20
"approved Construction Safety Plan" means an
approved Construction Safety Plan in
accordance with Australian Standard
AS 2885.1--1997: Pipelines--Gas and
liquid petroleum, Part 1: Design and
25
construction published by Standards
Australia as amended from time to time;
"approved Safety and Operating Plan" means
an approved Safety and Operating Plan in
accordance with Australian Standard
30
AS 2885.3--1997: Pipelines--Gas and
liquid petroleum, Part 3: Operation and
maintenance published by Standards
Australia as amended from time to time.
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Act No.
Part 14--Transitional Provisions
s. 210
210. Delayed operation of sections 126 and 127 for
certain existing pipelines
(1) This section applies in respect of a pipeline--
(a) to which a new Act licence applies; and
(b) to which neither section 208 nor 209 applies.
5
(2) Despite anything to the contrary in this Act,
sections 126 and 127 do not apply to a pipeline
operation in respect of the pipeline until the day
that is the first anniversary of the commencement
day.
10
211. Deemed Environment Management Plans--Plan
required by existing licence
(1) This section applies in respect of a pipeline--
(a) to which a new Act licence applies; and
(b) in respect of which all of the following plans
15
were submitted and approved under a
condition of the licence for the pipeline
under the old Act before the commencement
day--
(i) a Construction Safety Plan and an
20
Environment Management Plan for the
construction of the pipeline; and
(ii) a Safety and Environment Management
Plan for the operation and maintenance
of the pipeline.
25
(2) The plans referred to in sub-section (1) are
together deemed for the purposes of this Act to be
an Environment Management Plan accepted on
the commencement day by the Minister under
section 135 of this Act in respect of any pipeline
30
operation that relates to the pipeline.
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Part 14--Transitional Provisions
s. 212
212. Delayed operation of sections 133 and 134 for
certain existing pipelines
(1) This section applies in respect of a pipeline--
(a) to which a new Act licence applies; and
(b) to which section 211 does not apply.
5
(2) Despite anything to the contrary in this Act,
sections 133 and 134 do not apply to a pipeline
operation in respect of the pipeline until the day
that is the first anniversary of the commencement
day.
10
__________________
118
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Act No.
Part 15--Repeal and Amendment of Other Acts
s. 213
PART 15--REPEAL AND AMENDMENT OF OTHER ACTS
See:
213. Repeal of Pipelines Act 1967 Act No.
7541.
The Pipelines Act 1967 is repealed. Reprint No. 4
as at
15 December
1998
and
amending
Act Nos
30/2000,
32/2001,
56/2003,
12/2004 and
108/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
214. Repeal of Pipelines (Permits) Act 1984 Act No.
10104
The Pipelines (Permits) Act 1984 is repealed.
5 as amended
by Act No.
45/1987.
Statute Book:
www.dms.
dpc.vic.
gov.au
See:
215. Repeal of Pipelines (Amendment) Act 1996 Act No.
76/1996.
The Pipelines (Amendment) Act 1996 is Statute Book:
repealed. www.dms.
dpc.vic.
gov.au
119
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Act No.
Part 15--Repeal and Amendment of Other Acts
s. 216
216. Dangerous Goods Act 1985
See:
Act No.
In section 9(e) of the Dangerous Goods Act 1985
10189.
Reprint No. 6 for "Pipelines Act 1967" substitute "Pipelines
as at
Act 2005".
27 July 2005
and
amending
Act Nos
67/2004 and
18/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
See: 217. Gas Industry Act 2001
5 Act No.
31/2001.
(1) In section 3 of the Gas Industry Act 2001, in the
Reprint No. 2
definition of "transmission pipeline" for
as at
1 March 2005
"Pipelines Act 1967" substitute "Pipelines Act
and
2005".
amending
Act Nos
(2) In section 141 of the Gas Industry Act 2001--
10 25/2004,
108/2004,
(a) for sub-section (2)(a) substitute--
33/2005 and
39/2005.
LawToday:
"(a) any licence held by the gas company
www.dms.
under the Pipelines Act 2005 for the
dpc.vic.
gov.au
pipeline is deemed to confer the same
rights and obligations on the other gas
15
company as on the gas company that is
the owner of the pipeline; and";
(b) in sub-sections (2)(b) and (4) for "Pipelines
Act 1967" substitute "Pipelines Act 2005".
(3) For section 141(5) of the Gas Industry Act 2001
20
substitute--
"(5) For the purposes of the Pipelines Act 2005,
a gas company on which rights and
obligations are conferred under this section
is deemed to be a licensee.".
25
120
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Act No.
Part 15--Repeal and Amendment of Other Acts
s. 218
(4) In sections 149(4) and 149(5) of the Gas Industry
Act 2001 for "Pipelines Act 1967" substitute
"Pipelines Act 2005".
(5) In section 186(3)(b) of the Gas Industry Act
2001 for "Pipelines Act 1967" substitute
5
"Pipelines Act 2005".
See:
218. Melbourne City Link Act 1995 Act No.
107/1995.
In section 3 of the Melbourne City Link Act Reprint No. 5
1995, for paragraph (e) of the definition of "public as at
31 December
body" substitute--
10 2002
and
"(e) the holder of a licence under the Pipelines amending
Act 2005;". Act Nos
59/2003,
94/2003,
12/2004,
49/2004,
108/2004,
110/2004,
21/2005,
24/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
See:
219. National Parks Act 1975 Act No.
8702.
In section 40B(3) of the National Parks Act 1975 Reprint No. 10
for "permit, easement, licence or other authority
15 as at
21 July 2005
must not be granted under the Pipelines Act and
1967" substitute "licence, easement or other amending
Act Nos
authority must not be granted under the Pipelines 38/1989,
Act 2005". 7/2005 and
35/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
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551305B.I1-10/8/2005 BILL LA INTRODUCTION 10/8/2005
Pipelines Act 2005
Act No.
Part 15--Repeal and Amendment of Other Acts
s. 220
220. Petroleum Act 1998
See:
Act No.
In section 83 of the Petroleum Act 1998 for
96/1998
and "Pipelines Act 1967" (wherever occurring)
amending
substitute "Pipelines Act 2005".
Act Nos
56/2003 and
107/2004.
LawToday:
www.dms.
dpc.vic.
gov.au
See: 221. Road Management Act 2004
5 Act No.
12/2004.
(1) In section 3(1) of the Road Management Act
Reprint No. 1
2004, for paragraph (b) of the definition of
as at
1 July 2004
"utility" substitute--
and
amending
"(b) any person who under the Pipelines Act
Act Nos
2005 is the holder of a licence to construct
10 39/2004,
108/2004,
and operate a pipeline;".
110/2004,
14/2005 and
(2) In section 31(2)(j) of the Road Management Act
24/2005.
2004 for "Pipelines Act 1967" substitute
LawToday:
www.dms.
"Pipelines Act 2005".
dpc.vic.
gov.au
See: 222. Safety on Public Land 2004
15 Act No.
109/2004.
In section 3 of the Safety on Public Land Act
LawToday:
2004 for paragraph (b) of the definition of "utility"
www.dms.
dpc.vic.
substitute--
gov.au
"(b) any person who under the Pipelines Act
2005 is the holder of a licence to construct
20
and operate a pipeline;".
122
551305B.I1-10/8/2005 BILL LA INTRODUCTION 10/8/2005
Pipelines Act 2005
Act No.
Part 15--Repeal and Amendment of Other Acts
s. 223
223. Victorian Civil and Administrative Tribunal Act See:
1998 Act No.
53/1998.
Reprint No. 3
Part 15A of Schedule 1 is repealed. as at
1 July 2003
and
amending
Act Nos
18/2003,
30/2003,
75/2003,
10/2004,
12/2004,
53/2004,
99/2004,
108/2004,
16/2005 and
18/2005.
LawToday:
www.dms.
dpc.vic.
gov.au
__________________
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Pipelines Act 2005
Act No.
Sch. 1
SCHEDULES
SCHEDULE 1
Section 10
PIPELINES EXCLUDED FROM ACT
5 1. Definitions
In this Schedule--
"agricultural purposes" includes using any land for--
(a) growing anything for consumable or decorative
purposes;
10 (b) dairy or poultry farming;
(c) rearing any animal or bird;
(d) rearing any fish within the meaning of the
Fisheries Act 1995;
(e) grazing land, pasture land or woodland;
15 "agricultural unit" means land which is occupied as a unit
for agricultural purposes;
"Specified Minimum Yield Stress" means the minimum
yield stress for a pipe material that is specified in the
manufacturing standard with which the pipe complies.
20 2. Exclusions
This Act does not apply to the following pipelines--
(a) a pipeline conveying hydrocarbons or other
substances in a gaseous state where the pressure of the
gas being conveyed through a pipe is not more than
25 1050 kPa and the circumferential stress does not
exceed 20% of the Specified Minimum Yield Stress
(SMYS);
(b) a pipeline entirely within a petroleum processing
plant, refinery, factory, railway yard, airport or port
30 (including any port within the meaning of the Port
Services Act 1995);
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Pipelines Act 2005
Act No.
Sch. 1
(c) a pipeline entirely on land the freehold of which is
owned or leased by a licensee and which is controlled
by that licensee;
(d) a pipeline conveying hydrocarbons or other
5 substances in a liquid state where--
(i) the length of any pipe situated outside the
property to which the hydrocarbons are
conveyed is not greater than 100 metres; or
(ii) the nominal internal diameter of any pipe is not
10 greater than 100 millimetres in any place; or
(iii) the operating pressure, in respect of the pipe or
system of pipes, is not greater than 345 kPa;
(e) a pipeline situated wholly within--
(i) a residential property or premises used for
15 business and designed for use solely for the
purposes of that property or premises;
(ii) a factory within the meaning of the Labour
and Industry Act 1958 and designed for use
solely for the purposes of the factory;
20 (iii) any premises used solely for education or
research;
(iv) an agricultural unit and designed for use for
agricultural purposes;
(f) a pipeline for water supply, drainage or sewerage (not
25 including a pipeline for the conveyance of geothermal
water within the meaning of the Geothermal Energy
Resources Act 2005);
(g) a fixed hose.
__________________
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Pipelines Act 2005
Act No.
Sch. 2
SCHEDULE 2
Section 45
PANEL HEARINGS
1. Directions about hearings
5 (1) A panel may give directions about--
(a) the times and places of hearings; and
(b) matters preliminary to hearings; and
(c) the conduct of hearings.
(2) A panel may refuse to hear any person who fails to comply
10 with a direction of the panel.
2. Hearings to be in public
A panel must conduct its hearings in public unless any
person making a submission objects to making the
submission in public and the panel is satisfied that the
15 submission is of a confidential nature.
3. General procedure for hearings
(1) In hearing submissions, a panel--
(a) must act according to equity and good conscience
without regard to technicalities or legal forms; and
20 (b) is bound by the rules of natural justice; and
(c) is not required to conduct the hearing in a formal
manner; and
(d) is not bound by the rules or practice as to evidence but
may inform itself on any matter--
25 (i) in any way it thinks fit; and
(ii) without notice to any person who has made a
submission.
(2) A panel may require the proponent or any other person or
body to produce any documents relating to any matter being
30 considered by the panel under this Act that it reasonably
requires.
(3) A panel may prohibit or regulate cross-examination in any
hearing.
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Act No.
Sch. 2
(4) A panel may hear evidence and submissions from any
person whom this Act requires it to hear.
(5) Submissions and evidence may be given to a panel orally or
in writing or partly orally and partly in writing.
5 4. Who may appear before a panel?
A person who has a right to be heard by a panel or who is
called by a panel may--
(a) appear and be heard in person; or
(b) be represented by any other person.
10 5. Effect of failure to attend hearing
A panel may report and make recommendations on a
submission without hearing the person who made the
submission if the person is not present or represented at the
time and place appointed for the hearing of the submission.
15 6. Panel may hear 2 or more submissions together
A panel may consider 2 or more submissions together if the
submissions concern the same land or the same or a related
matter.
7. Adjournment of hearings
20 A panel may from time to time adjourn a hearing to any
times and places and for any purposes it thinks necessary
and on any terms as to costs or otherwise that it thinks just
in the circumstances.
8. Panel may regulate its own proceedings
25 A panel may regulate its own proceedings.
9. Panel may take into account any relevant matter
A panel may take into account any matter it thinks relevant
in making its report and recommendations.
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Pipelines Act 2005
Act No.
Endnotes
ENDNOTES
By Authority. Government Printer for the State of Victoria.
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