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This is a Bill, not an Act. For current law, see the Acts databases.


ENERGY AND RESOURCES LEGISLATION AMENDMENT BILL 2008

                 PARLIAMENT OF VICTORIA

Energy and Resources Legislation Amendment Bill
                     2008



                      TABLE OF PROVISIONS
Clause                                                                     Page

PART 1--PRELIMINARY                                                           1
  1      Purposes                                                             1
  2      Commencement                                                         3

PART 2--AMENDMENT OF ELECTRICITY SAFETY ACT 1998                              4
  3      Registration of electrical contractors                               4
  4      Repeal of redundant provisions                                       4
  5      Increased penalty--Certificate of inspection                         4
  6      Section 93 substituted and new section 93A inserted                  4
         93       Operation of cathodic protection systems                    4
         93A      Evidentiary provision--operation of cathodic protection
                  systems                                                     5
  7      Infringement notices                                                 6
  8      Substitution of section 140A consequential to commencement
         of Part 2 of the Electricity Safety Amendment Act 2007               6

PART 3--AMENDMENT OF GEOTHERMAL ENERGY
RESOURCES ACT 2005                                                            7
  9      Procedure if tender does not result in the granting of a permit      7
  10     New section 23A inserted                                             8
         23A      Priority of competing applications in respect of same
                  land                                                        8
  11     Right to apply for lease                                             8

PART 4--AMENDMENT OF MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990                                            9
  12     Variation of work plan on application of a licensee                  9
  13     Amendment of reference to regulations                                9
  14     Tourist fossicking authority                                         9
  15     Increased penalty--obligation of holder of tourist fossicking
         authority                                                           10
  16     Repeal of redundant provisions                                      10



561183B.I-15/4/2008                    i       BILL LA INTRODUCTION 15/4/2008

 


 

Clause Page PART 5--AMENDMENT OF PIPELINES ACT 2005 11 17 Increased penalties for certain offences 11 18 Applicant for compulsory acquisition of easement to comply with approved consultation plan 11 PART 6--AMENDMENT OF OTHER ACTS 12 19 Amendment of Electricity Industry Act 2000 12 20 Amendment of Electricity Safety Amendment Act 2007 12 21 Amendment of Petroleum Act 1998 12 PART 7--REPEAL OF AMENDING ACT 14 22 Repeal of amending Act 14 ENDNOTES 15 561183B.I-15/4/2008 ii BILL LA INTRODUCTION 15/4/2008

 


 

PARLIAMENT OF VICTORIA Introduced in the Assembly Energy and Resources Legislation Amendment Bill 2008 A Bill for an Act to amend the Electricity Industry Act 2000, the Electricity Safety Act 1998, the Electricity Safety Amendment Act 2007, the Geothermal Energy Resources Act 2005, the Mineral Resources (Sustainable Development) Act 1990, the Petroleum Act 1998 and the Pipelines Act 2005 and for other purposes. The Parliament of Victoria enacts: PART 1--PRELIMINARY 1 Purposes The main purposes of this Act are-- (a) to amend the Electricity Safety Act 1998-- 5 (i) to provide further for the regulation of the operation of cathodic protection systems; and 561183B.I-15/4/2008 1 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Part 1--Preliminary s. 1 (ii) to enable electrical contractors to be registered for periods of up to five years; and (iii) to increase the penalty for an offence 5 under that Act; and (b) to amend the Electricity Safety Amendment Act 2007 to increase the penalty for an offence; and (c) to amend the Geothermal Energy 10 Resources Act 2005-- (i) to provide further for competitive tendering for exploration permits; and (ii) to require applications for retention leases to be made at least 90 days 15 before the expiry of an exploration permit; and (d) to amend the Mineral Resources (Sustainable Development) Act 1990-- (i) to clarify that a tourist fossicking 20 authority may be granted to a body corporate; and (ii) to repeal certain redundant provisions; and (iii) to increase the penalty for an offence 25 under that Act; and (e) to amend the Petroleum Act 1998 to require applications for retention leases to be made at least 90 days before the expiry of an exploration permit; and 30 (f) to amend the Pipelines Act 2005 to increase the penalties for certain offences; and (g) to make other miscellaneous amendments to those Acts and to the Electricity Industry Act 2000. 561183B.I-15/4/2008 2 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Part 1--Preliminary s. 2 2 Commencement (1) This Act, other than section 8, comes into operation on the day after the day on which it receives the Royal Assent. 5 (2) Subject to subsection (3), section 8 comes into operation on a day to be proclaimed. (3) If section 8 does not come into operation before 1 January 2010, it comes into operation on that day. __________________ 561183B.I-15/4/2008 3 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Part 2--Amendment of Electricity Safety Act 1998 s. 3 PART 2--AMENDMENT OF ELECTRICITY SAFETY ACT 1998 3 Registration of electrical contractors See: In section 31(4) of the Electricity Safety Act Act No. 5 25/1998. 1998, for "one year" substitute "up to 5 years Reprint No. 4 determined by Energy Safe Victoria and specified as at 30 January in the register kept under section 33". 2006 and amending Act Nos 24/2006, 29/2006, 32/2006 and 61/2007. LawToday: www. legislation. vic.gov.au 4 Repeal of redundant provisions Sections 34(2)(a) and 41(2)(a) of the Electricity 10 Safety Act 1998 are repealed. 5 Increased penalty--Certificate of inspection For the penalty at the foot of section 45(4) of the Electricity Safety Act 1998 substitute-- "Penalty: 50 penalty units.". 15 6 Section 93 substituted and new section 93A inserted For section 93 of the Electricity Safety Act 1998 substitute-- "93 Operation of cathodic protection systems (1) The owner of a cathodic protection system 20 must not operate or allow another person to operate that system unless it is registered by 561183B.I-15/4/2008 4 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Part 2--Amendment of Electricity Safety Act 1998 s. 6 Energy Safe Victoria in accordance with the regulations. Penalty: In the case of a natural person, 200 penalty units; 5 In the case of a body corporate, 1000 penalty units. (2) The owner of a cathodic protection system must ensure that the system is operated in accordance with-- 10 (a) this Act and the regulations; and (b) any conditions to which the registration is subject. Penalty: In the case of a natural person, 200 penalty units; 15 In the case of a body corporate, 1000 penalty units. 93A Evidentiary provision--operation of cathodic protection systems (1) This section applies if-- 20 (a) the person operating a cathodic protection system is not the owner of that system; and (b) that person is operating that system under the authority or with the consent 25 of the owner of that system. (2) The owner of a cathodic protection system is not guilty of an offence under section 93(2) if the owner reasonably believed that the system was operated by the person in 30 accordance with-- (a) this Act and the regulations; and (b) any conditions to which the registration is subject.". 561183B.I-15/4/2008 5 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Part 2--Amendment of Electricity Safety Act 1998 s. 7 7 Infringement notices In section 140A of the Electricity Safety Act 1998, for the definition of prescribed offence substitute-- 5 "prescribed offence means-- (a) an offence against section 30, 32, 35(1), 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b), 43(4), 44(2), 44(3), 45(1), 45(2), 45(3), 45(4), 45A(1), 45A(3), 45B(4), 10 45B(9)(a), 45B(9)(b), 54, 57(2), 60(2), 68, 76(1), 77(1), 77(2), 77(3), 78, 83A(1), 83A(3), 83B(1), 104(3), 105(4), 114A(4), 115(1), 117(1) or 142(2); or 15 (b) an offence against a provision of the regulations that is prescribed.". 8 Substitution of section 140A consequential to commencement of Part 2 of the Electricity Safety Amendment Act 2007 20 In section 140A of the Electricity Safety Act 1998, for the definition of prescribed offence substitute-- "prescribed offence means-- (a) an offence against section 30, 32, 35(1), 25 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b), 43(4), 44(2), 44(3), 45(1), 45(2), 45(3), 45(4), 45A(1), 45A(3), 45B(4), 45B(9)(a), 45B(9)(b), 54, 57(2), 60(2), 68, 76(1), 77(1), 77(2), 77(3), 78, 30 83A(1), 83A(3), 83B(1), 108, 110, 119, 120B, 120H(4) or 142(2); or (b) an offence against a provision of the regulations that is prescribed.". __________________ 561183B.I-15/4/2008 6 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Part 3--Amendment of Geothermal Energy Resources Act 2005 s. 9 PART 3--AMENDMENT OF GEOTHERMAL ENERGY RESOURCES ACT 2005 9 Procedure if tender does not result in the granting of a permit 5 (1) For section 23(2) of the Geothermal Energy See: Act No. Resources Act 2005 substitute-- 7/2005 and "(2) The Minister may-- amending Act Nos (a) invite further applications for an 16/2006, 63/2006 and exploration permit for the relevant area; 4/2008. 10 or LawToday: www. (b) commence a new tender process under legislation. vic.gov.au section 18.". (2) In section 23(3) of the Geothermal Energy Resources Act 2005-- 15 (a) for "Sections 18" substitute "Sections 19"; (b) for "subsection (2)" substitute "subsection (2)(a)". (3) After section 23(3) of the Geothermal Energy Resources Act 2005 insert-- 20 "(3A) If the Minister invites further applications under subsection (2)(a) the Minister may specify-- (a) new chief factors that will be considered by him or her in assessing 25 those applications; and (b) the date by which applications must be made. (3B) If the Minister specifies new chief factors under subsection (3A), the Minister must 30 state whether he or she will also consider the chief factors originally specified under section 18.". 561183B.I-15/4/2008 7 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Part 3--Amendment of Geothermal Energy Resources Act 2005 s. 10 (4) In section 23(4) of the Geothermal Energy Resources Act 2005, after "application" insert "in response to an invitation under subsection (2)(a)". 5 10 New section 23A inserted After section 23 of the Geothermal Energy Resources Act 2005 insert-- "23A Priority of competing applications in respect of same land 10 (1) If more than one application under section 23(2)(a) is received on the same day in respect of the same land, the Minister must assign an order of priority to those applications. 15 (2) In assessing the order of priority under subsection (1), the Minister must take into account the chief factors set out in sections 20(2)(a) to 20(2)(e). (3) The application that has been assigned the 20 highest priority under this section must be assessed without regard to anything contained in applications having a lower priority.". 11 Right to apply for lease 25 At the end of section 34 of the Geothermal Energy Resources Act 2005 insert-- "(2) An application for a retention lease must be made at least 90 days before the applicant's exploration permit is due to expire. 30 (3) Despite subsection (2), the Minister may on the payment of any late fee required by the regulations consider an application for a retention lease that does not comply with that subsection.". __________________ 561183B.I-15/4/2008 8 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Part 4--Amendment of Mineral Resources (Sustainable Development) Act s. 12 1990 PART 4--AMENDMENT OF MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 12 Variation of work plan on application of a licensee In section 41(6) of the Mineral Resources See: Act No. 5 (Sustainable Development) Act 1990, for 92/1990. "subsection (4)" substitute "subsection (3)". Reprint No. 7 as at 9 February 2007 and amending Act Nos 16/2006 and 63/2006. LawToday: www. legislation. vic.gov.au 13 Amendment of reference to regulations In section 43B(2) of the Mineral Resources (Sustainable Development) Act 1990, for 10 "Fire Protection Regulations 1992" substitute "Forests (Fire Protection) Regulations 2004". 14 Tourist fossicking authority (1) In section 59(1) of the Mineral Resources (Sustainable Development) Act 1990, after 15 "the holder" (where first occurring) insert ", or any employee or agent of the holder if the holder is not a natural person,". (2) In section 59(1A) of the Mineral Resources (Sustainable Development) Act 1990, for 20 "the holder is entitled" substitute "the holder, or any employee or agent of the holder if the holder is not a natural person, are entitled". 561183B.I-15/4/2008 9 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Part 4--Amendment of Mineral Resources (Sustainable Development) Act s. 15 1990 15 Increased penalty--obligation of holder of tourist fossicking authority For the penalty at the foot of section 62(3) of the Mineral Resources (Sustainable Development) 5 Act 1990 substitute-- "Penalty: 50 penalty units.". 16 Repeal of redundant provisions (1) Section 108 of the Mineral Resources (Sustainable Development) Act 1990 is 10 repealed. (2) Section 124(1)(e) of the Mineral Resources (Sustainable Development) Act 1990 is repealed. __________________ 561183B.I-15/4/2008 10 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Part 5--Amendment of Pipelines Act 2005 s. 17 PART 5--AMENDMENT OF PIPELINES ACT 2005 17 Increased penalties for certain offences (1) For the penalty at the foot of section 14 of the See: Act No. Pipelines Act 2005 substitute-- 61/2005 and 5 "Penalty: In the case of a natural person, amending Act Nos 240 penalty units; 29/2006 and 60/2006. In the case of a body corporate, LawToday: 1200 penalty units.". www. legislation. (2) For the penalty at the foot of section 15 of the vic.gov.au 10 Pipelines Act 2005 substitute-- "Penalty: In the case of a natural person, 240 penalty units; In the case of a body corporate, 1200 penalty units.". 15 18 Applicant for compulsory acquisition of easement to comply with approved consultation plan After section 95(1) of the Pipelines Act 2005 insert-- "(1A) In considering whether the proponent or 20 licensee has taken all reasonable steps for the purposes of subsection (1)(a), the Minister may consider whether the proponent or licensee has satisfied the requirements set out in an approved consultation plan.". __________________ 561183B.I-15/4/2008 11 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Part 6--Amendment of Other Acts s. 19 PART 6--AMENDMENT OF OTHER ACTS See: 19 Amendment of Electricity Industry Act 2000 Act No. 68/2000. Reprint No. 4 In section 16(2) of the Electricity Industry Act as at 2000 for "the Public Transport Corporation 9 November 5 2006 established under the Transport Act 1983" and substitute "a passenger transport company within amending Act Nos the meaning of the Transport Act 1983". 35/2007 and 55/2007. LawToday: www. legislation. vic.gov.au See: 20 Amendment of Electricity Safety Amendment Act No. 61/2007. Act 2007 Statute Book: 10 www. In section 7 of the Electricity Safety legislation. vic.gov.au Amendment Act 2007-- (a) in proposed section 117(3) of the Electricity Safety Act 1998, for "the network operator referred to in section 116" substitute "the 15 person"; and (b) for the penalty at the foot of proposed section 120H(4) of the Electricity Safety Act 1998 substitute-- "Penalty: 200 penalty units.". 20 See: 21 Amendment of Petroleum Act 1998 Act No. 96/1998. Reprint No. 1 At the end of section 38 of the Petroleum Act as at 1998 insert-- 18 September 2007. "(2) An application for a retention lease must be LawToday: www. made at least 90 days before the applicant's 25 legislation. exploration permit is due to expire. vic.gov.au (3) Despite subsection (2), the Minister may on the payment of any late fee required by the regulations consider an application for a 561183B.I-15/4/2008 12 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Part 6--Amendment of Other Acts s. 21 retention lease that does not comply with that subsection.". __________________ 561183B.I-15/4/2008 13 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Part 7--Repeal of Amending Act s. 22 PART 7--REPEAL OF AMENDING ACT 22 Repeal of amending Act This Act is repealed on 1 January 2011. Note 5 The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). 561183B.I-15/4/2008 14 BILL LA INTRODUCTION 15/4/2008

 


 

Energy and Resources Legislation Amendment Bill 2008 Endnotes ENDNOTES By Authority. Government Printer for the State of Victoria. 561183B.I-15/4/2008 15 BILL LA INTRODUCTION 15/4/2008

 


 

 


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