Victorian Current Acts

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 1A--Enforceable undertakings

   156A.   Minister may accept written undertakings  
   156B.   Enforcement of written undertakings  

           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  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES