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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

  • 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  
  • 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

  • 79 Transfer of licence  
  • 80 Surrender of licence  
  • 81 Cancellation of licence  

Division 8A--Decommissioning

  • 82 Decommissioning plan before cancellation  
  • 82A Decommissioning part of a pipeline  

Division 8B--Other matters

  • 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, 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

  • 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  
  • 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  

Division 4--Infringements

  • 183A Infringements  

PART 12--ADMINISTRATIVE MATTERS

Division 1--Delegation

  • 184 Delegation by Minister  
  • 185 Delegation by the Secretary  

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  

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