Victorian Consolidated Legislation
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PIPELINES ACT 2005
No. 61 of 2005
Version incorporating amendments as at 4 June 2008
TABLE OF PROVISIONS
Section Page
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 adjacent area
PART 3-CONTROL OF PIPELINES
14. Offence to construct pipeline without a licence
15. Offence to operate pipeline without a licence
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
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 proponent
36. Amendment of application
37. Request for decision on application
38. Decision as to 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 national
park
52. Licence may permit construction in adjacent 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
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 for amended licence
74. Form of application
75. Minister may ask for further information
76. Minister to be satisfied of certain matters
77. Decision on application
78. When does the consolidated licence take effect?
Division 8-Transfer, surrender and cancellation of licences
79. Transfer of licence
80. Surrender of licence
81. Cancellation of licence
82. Decommissioning plan before cancellation
83. Right to seek review of decision to cancel
84. Revocation of pipeline easement
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 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
124. Duties of licensee for safety and environment protection
125. What is reasonably practicable?
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
142. Minister may require increased 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
155. Power of Minister to give directions
156. Offence to fail to comply with direction
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
PART 12-ADMINISTRATIVE MATTERS
Division 1-Delegation
184. Delegation by Minister
185. Delegation by the Secretary
Division 2-Pipelines Register
186. Pipelines Register
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
PART 15-REPEAL AND AMENDMENT OF OTHER ACTS
213. Repeal of Pipelines Act 1967.
214. Repeal of Pipelines (Permits) Act 1984.
215. Repeal of Pipelines (Amendment) Act 1996.
216. Dangerous Goods Act 1985.
217. Gas Industry Act 2001.
218. Melbourne City Link Act 1995.
219. National Parks Act 1975.
220. Petroleum Act 1998.
221. Road Management Act 2004.
222. Safety on Public Land 2004.
223. Victorian Civil and Administrative Tribunal Act 1998.
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SCHEDULE 1-Pipelines Excluded from Act
1. Definitions
2. Exclusions
SCHEDULE 2-Panel Hearings
1. Directions about hearings
2. Hearings to be in public
3. General procedure for hearings
4. Who may appear before a panel?
5. Effect of failure to attend hearing
6. Panel may hear 2 or more submissions together
7. Adjournment of hearings
8. Panel may regulate its own proceedings
9. Panel may take into account any relevant matter
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ENDNOTES
1. General Information
2. Table of Amendments
3. Explanatory Details
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