Victorian Numbered Acts

PIPELINES ACT 2005 (NO 61 OF 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 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

   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  
   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  

           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

           Division 2--Insurance

           Division 3--Rehabilitation

           Division 4--Compensation

   PART 11--ENFORCEMENT

           Division 1--Directions of Minister

           Division 2--Inspection Powers

           Division 3--Improvement and Prohibition Notices

   PART 12--ADMINISTRATIVE MATTERS

           Division 1--Delegation

   PART 13--REGULATIONS

   PART 14--TRANSITIONAL PROVISIONS

   PART 15--REPEAL AND AMENDMENT OF OTHER ACTS
           SCHEDULE 1
           SCHEDULE 2
   ENDNOTES