PIPELINES ACT 2005
Table of Provisions
PART 1--PRELIMINARY
- 1 Purpose
- 2 Commencement
- 3 Objectives
- 4 Principles of sustainable development
- 5 Definitions
- 6 Reference provisions
- 7 Meaning of petroleum
- 8 Act binds the Crown
PART 2--APPLICATION OF ACT
- 9 To which pipelines does this Act apply?
- 10 Certain pipelines exempt
- 11 Minister may declare pipelines to which this Act is to apply
- 12 Minister may declare pipelines to which this Act is not to apply
- 13 Application of Act in connection with offshore area
PART 3--CONTROL OF PIPELINES
PART 4--PRE-LICENCE PROCESS
Division 1--Consultation plans
- 16 When must a consultation plan be prepared?
- 17 Requirements for consultation plan
- 18 Plan to be submitted to Minister for approval
- 18A Compliance with approved consultation plan
Division 2--Pre-licence surveys
- 19 Notice of intention to enter land for survey
- 20 Proponent must seek agreement or consent to entry for survey
- 21 Consent to entry onto Crown land
- 22 Application where agreement for entry to land cannot be reached
- 23 Notice to owners and occupiers of application
- 24 Advice to Minister from owners and occupiers of land
- 25 Minister may consent to entry onto land
- 26 Effect of consent
Division 3--Notice of pipeline corridor
- 27 Proponent to give notice to owners and occupiers of land in pipeline corridor
PART 5--PIPELINE LICENCE PROCESS
Division 1--Licence application
- 28 Who may apply for a licence?
- 29 How must an application be made?
- 30 What must the application contain?
- 31 Minister may ask for more information
- 32 Notice of application
- 33 Co-ordination of notices and notice periods
- 34 Submissions
- 35 Copies of submissions to be given to applicant
- 36 Amendment of application
- 37 Request for decision on application
- 38 Determination whether to refer submissions to panel
- 39 Referral of submissions to panel
Division 2--Panel to consider submissions
- 40 Appointment of panel
- 41 Composition of panel
- 42 Chairperson
- 43 Fees and allowances
- 44 Procedure of panel
- 45 Hearings
- 46 Costs of panel
- 47 Report of panel
Division 3--Decision on application
- 48 When must an application be determined?
- 49 What matters must the Minister consider?
- 50 Licence not to be granted for pipeline on wilderness Crown land
- 51 Consent required for grant of licence for pipeline in parks
- 52 Licence may permit construction in offshore area
- 53 Decision on application
- 54 Conditions of licence
- 55 Minister may impose pre-conditions
- 56 Minister not to issue licence unless certain requirements met
- 57 Issue of licence
Division 4--Operation of licence
- 58 What does the licence authorise?
- 59 Licence to remain in force indefinitely
- 60 When must construction commence?
- 61 When must construction be completed?
Division 5--Amendment of conditions
- 62 Minister may amend conditions without request
- 63 Minister may amend conditions on request
- 64 Right to seek review of decision to amend conditions
Division 6--Alteration of authorised route
- 65 Alteration of authorised route to be under this Division
- 66 Application to alter authorised route—minor alterations
- 67 Decision on application under section 66
- 68 Application to alter authorised route—significant alterations
- 68A Requirements for consultation plan for proposed significant alteration
- 68B Approval of consultation plan for proposed significant alteration
- 68C Compliance with approved consultation plan for proposed significant alteration
- 68D Notice of intention to enter land for survey
- 68E Licensee must seek agreement or consent to entry for survey
- 68F Consent to entry onto Crown land
- 68G Application where agreement for entry to land cannot be reached
- 68H Notice to owners and occupiers of application
- 68I Advice to Minister from owners and occupiers of land
- 68J Minister may consent to entry onto land
- 68K Effect of consent
- 69 Minister not to alter authorised route unless certain requirements met
- 70 Decision on application under section 68
- 71 Altered route becomes authorised route
Division 7--Consolidation of licences
- 72 Application of Division
- 73 Application to consolidate licences
- 74 Form of application
- 75 Minister may ask for further information
- 76 Minister to be satisfied of certain matters
- 77 Decision on application
Division 8--Transfer, surrender and cancellation of licences
Division 8A--Decommissioning
Division 8B--Other matters
Division 9--Application of planning laws
- 85 Application of planning laws
PART 6--ACCESS TO LAND FOR PIPELINE
Division 1--Authorities over public land
- 86 Licence or authority over Crown land for pipeline
- 87 Public authority may grant easements etc. for pipelines
- 88 Minister may grant authority over public authority land
Division 2--Purchase or acquisition of easements
- 89 Purchase of easement
- 90 Application for consent for compulsory acquisition of easement
- 91 Notice to owners and occupiers
- 92 Proponent, applicant or licensee to lodge notice with Registrar
- 93 Effect of notice under section 91
- 94 Restrictions on dealings with land
- 95 Decision of Minister
- 96 Compulsory acquisition
- 97 Easement to be easement in gross
Division 3--Emergency access to land
- 98 Emergency access to land
PART 7--CONSTRUCTION OF PIPELINE
Division 1--General requirements
- 99 Construction to be along authorised route
- 100 Construction to comply with standards and conditions
Division 2--Pipelines and infrastructure
- 101 Pipelines and railways
- 102 Pipelines, roads, bridges and road infrastructure
- 103 Pipelines and electrical apparatus and other pipelines
- 104 Licensee responsible for extra expense incurred by authorities
- 105 Governor in Council to settle disputes
Division 3--Obstruction of construction
- 106 Offence to obstruct construction of pipeline
PART 8--OPERATION OF PIPELINE
Division 1--General operation
- 107 Commencement or resumption of operation needs consent
- 108 Decision to consent
- 109 Operation to comply with standards, specifications and conditions
- 110 Payment of annual fee
- 111 Only authorised things to be conveyed through pipeline
- 112 Licensee must consult before making an application
- 113 Minister may authorise other use of pipeline
Division 2--Safety and environment requirements
- 114 Minister may impose requirements
- 115 Minister may restrict use of pipeline
- 116 Mandatory notice of incidents
Division 3--Interference with operation
- 117 Offence to obstruct operation of pipelines
- 118 Digging near pipelines
- 119 Interference with pipeline
- 120 Restriction on building on land near pipeline
Division 4--Third party access
- 121 Agreement to share use of pipeline
- 122 Direction by Minister about shared use of pipeline
- 123 Third party access to easements
PART 9--MANAGEMENT PLANS
Division 1--General duties of safety and environment protection
Division 2--Safety Management Plans
- 126 Safety Management Plan to be prepared
- 127 No operation without accepted Plan
- 128 Acceptance of Safety Management Plan
- 129 Plan must be observed in carrying out operation
- 130 Energy Safe Victoria may permit amendment of Safety Management Plan
- 131 Energy Safe Victoria may require amendment of Safety Management Plan
- 132 Review of Safety Management Plan
- 132A Funding
Division 3--Environment Management Plans
- 133 Environment Management Plan to be prepared
- 134 No operation without accepted Plan
- 135 Acceptance of Environment Management Plan
- 136 Plan must be observed in carrying out operation
- 137 Minister may permit amendment of Environment Management Plan
- 138 Minister may require amendment of Environment Management Plan
- 139 Review of Environment Management Plan
PART 10--REHABILITATION AND COMPENSATION
Division 1--Rehabilitation bond
- 140 What is a rehabilitation bond?
- 141 Requirement to take out rehabilitation bond
- 143 Return of bond if rehabilitation satisfactory
Division 2--Insurance
- 144 Insurance must be held
Division 3--Rehabilitation
- 145 Rehabilitation by licensee after construction
- 146 Rehabilitation on decommissioning of pipeline
- 147 Rehabilitation on cancellation or surrender of licence
- 148 Rehabilitation by owner
- 149 Rehabilitation by Minister
- 150 Minister may remove pipeline or equipment
Division 4--Compensation
- 151 Owner's and occupier's right to compensation
- 152 Compensation for third party access
- 153 When must a claim for compensation be brought?
- 154 Determination of compensation by VCAT
PART 11--ENFORCEMENT
Division 1--Directions of Minister
Division 2--Inspection powers
- 157 Authorisation of inspectors
- 158 Identity cards
- 159 Production of identity card
- 160 Monitoring compliance with this Act
- 161 Emergencies
- 162 Offence-related searches and seizures
- 163 Occupier to be given copy of consent
- 164 Search warrant
- 165 Announcement before entry
- 166 Copy of warrant to be given to occupier
- 167 Receipt must be given for any thing seized
- 168 Copies of certain seized things to be given
- 169 Use of equipment to examine or process things
- 170 Use or seizure of electronic equipment at premises
- 171 Taking samples
- 172 Compensation for damage
- 173 Return of seized things
- 174 Magistrates' Court may extend period
- 175 Requirement to assist inspector during entry
- 176 Refusal or failure to comply with requirement
- 177 Protection against self-incrimination
- 178 Offence to give false or misleading information
- 179 Offence to obstruct inspector
Division 3--Improvement and prohibition notices
- 180 Improvement notice
- 181 Prohibition notice
- 182 Right to review
- 183 Defences to charge of failing to comply with a notice
Division 4--Infringements
- 183A Infringements
PART 12--ADMINISTRATIVE MATTERS
Division 1--Delegation
Division 2--Pipelines Register
- 186 Pipelines Register
- 186A Other documents to be registered
- 186B Effect of registration
- 187 Correction of Pipelines Register
- 188 Disclosure of registered information
- 189 Offences
PART 13--REGULATIONS
- 190 Regulations
PART 14--TRANSITIONAL PROVISIONS
- 191 Definition
- 192 General transitional provisions
- 193 Superseded references
- 194 Existing permits and licences
- 195 Authorised route of existing pipeline
- 196 Application for permit for new pipeline
- 197 Existing application for permit for existing pipeline
- 198 New application for existing pipeline
- 199 Application to vary authorised route of pipeline
- 200 Application for consolidation of permits
- 201 Application for variation of permit or licence
- 202 Application for consent to transfer permit or licence
- 203 Authorisation to convey thing through pipeline
- 204 Direction to share use of pipeline
- 205 Compulsory acquisition
- 206 Consent of Minister for operation of pipeline
- 207 Continuation of hearing under section 41
- 208 Deemed Safety Management Plan—gas pipeline
- 209 Deemed Safety Management Plan—Plans required by old regulations
- 210 Delayed operation of sections 126 and 127 for certain existing pipelines
- 211 Deemed Environment Management Plans—Plan required by existing licence
- 212 Delayed operation of sections 133 and 134 for certain existing pipelines