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PIPELINES BILL 2005

                             Pipelines Bill

                          Introduction Print

               EXPLANATORY MEMORANDUM


                                   General
The Bill repeals the Pipelines Act 1967 replacing it with more modern and
efficient processes for dealing with all aspects of the planning, development
and use of major pipeline infrastructure. It provides proponents with a more
certain and efficient approval process while also requiring early and ongoing
consultation with affected landowners and occupiers. It ensures effective
management of safety and environmental impacts over the life of a pipeline,
including appropriate rehabilitation of affected land. It also provides for
effective inspection and enforcement powers.

                                Clause Notes

                       PART 1--PRELIMINARY
Clause 1    sets out the main purpose of the Bill.

Clause 2    provides for the Bill to come into operation on a day or days to
            be proclaimed. If a provision of the Bill does not come into
            operation before 1 July 2007, it comes into operation on that day.

Clause 3    sets out the objectives of the Bill.

Clause 4    sets out the principles of sustainable development which are to be
            applied in the administration of the Bill.

Clause 5    defines various terms used in the Bill.

Clause 6    defines certain reference provisions.

Clause 7    defines the term "petroleum".

Clause 8    provides that the Bill binds the Crown.




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551305                                         BILL LA INTRODUCTION 10/8/2005

 


 

PART 2--APPLICATION OF ACT Clause 9 sets out which pipelines the Bill will apply to. Clause 10 sets out which pipelines are exempt from the Bill. Clause 11 provides that the Minister may, by order published in the Government Gazette, declare any pipeline or proposed pipeline to be a pipeline to which the Bill applies and sets out the circumstances in which a declaration may be made. Clause 12 provides that the Minister may, by order published in the Government Gazette, declare any pipeline or proposed pipeline to be a pipeline to which the Bill does not apply and sets out the circumstances in which a declaration may be made. Clause 13 provides that, subject to clause 52, the Bill applies to all land in Victoria, other than land within the area defined as the adjacent area in the Petroleum (Submerged Lands) Act 1982. PART 3--CONTROL OF PIPELINES Clause 14 makes it an offence to construct a pipeline unless a licence to construct and operate that pipeline has been issued under the Bill. Clause 15 makes it an offence to operate a pipeline unless a licence to construct and operate that pipeline has been issued under the Bill. PART 4--PRE-LICENCE PROCESS Division 1--Consultation Plans Clause 16 provides that a consultation plan must be prepared by a proponent before a notice of intention to enter land under Division 2 or a notice of a pipeline corridor under Division 3 can be given and sets out the purpose of a consultation plan. Clause 17 provides that a consultation plan must be prepared in accordance with the regulations and sets out the information that must be given to owners and occupiers of land in the plan. The information to be provided to owners and occupiers must include-- · details of the activities to be undertaken by the proponent on the land in relation to the proposed pipeline; 2

 


 

· information about how any potential adverse impacts of the proposed pipeline on land, health, safety and the environment will be managed; · details of the procedures to be followed under the Bill and any other Act to permit the construction and operation of the pipeline, including procedures for any compulsory acquisition of land; and · a statement advising that owners and occupiers should seek independent advice on the proposal and providing contact information for the Department. Clause 18 provides that a consultation plan must be submitted to the Minister for approval; that the Minister must decide to approve or not approve a consultation plan within 21 days of receipt and outlines actions the proponent may take if the Minister decides not to approve a consultation plan. Division 2--Pre-licence Surveys Clause 19 provides that a proponent must give written notice to each owner and occupier of land, including the Crown Land Minister if the land is Crown land, of the proponent's intention to enter that land for the purpose of conducting a survey. Clause 20 requires a proponent to take all reasonable steps to reach agreement with each owner and occupier of land in relation to the proponent's entry onto the land for the purpose of conducting a survey. Clause 21 states that a proponent must apply to the Crown Land Minister for consent to enter onto Crown land for the purpose of conducting a survey and sets out the circumstances in which a consent under this clause may be made. The Crown Land Minister must not give consent in respect of wilderness Crown land. Clause 22 provides that a proponent may apply to the Minister for consent to enter land if the proponent has been unable to obtain the agreement of an owner or occupier of land within 14 days of giving notice of intention to enter land. This clause sets out the information that must be provided by the proponent in support of an application and that an application cannot be made for consent to enter Crown land unless consent of the Crown Land Minister has first been obtained under clause 21. 3

 


 

Clause 23 requires a proponent to give a copy of an application made under clause 22 to each owner and occupier to which the application applies and advise them of their rights under clause 24. Clause 24 provides that within 7 days of receiving a copy of an application under clause 22, an owner or occupier of land may advise the Minister in writing of their reasons for refusing to agree to allow the proponent onto land for survey purposes. Clause 25 provides that the Minister must decide an application under clause 22, within 28 days of receipt. A consent or refusal under this clause must be in writing and consent may be subject to conditions. In making a decision under this clause the Minister must take into account the information provided by the proponent and any advice received from an owner or occupier of land as well as any other matter the Minister thinks fit. The Minister must not give consent under this clause unless the Minister is satisfied with certain matters. These matters are-- · the adequacy of the measures the proponent will take to address any adverse impact of the survey on safety or the environment or the use of land; · that notice and approved consultation information have been given to each owner and occupier of land; and · in the case of Crown land, that the Crown Land Minister has consented to the entry. The Minister cannot give a consent under this clause in respect of wilderness Crown land. Clause 26 provides that a consent under clause 21 or 25 remains in force for 1 year after the date on which the consent is granted and sets out the effect of the relevant consents. Under this clause the proponent must produce the relevant consent to the owner or occupier of the land before first entering the land under that consent. Non-compliance with this clause constitutes an offence. 4

 


 

Division 3--Notice of Pipeline Corridor Clause 27 provides that a proponent must give notice of a proposed pipeline to each owner and occupier of land in the proposed pipeline corridor before applying for a licence to construct and operate a pipeline. The notice of pipeline corridor must be in the prescribed form, set out the proposed pipeline corridor and be accompanied by the approved consultation information for the pipeline. A notice of pipeline corridor lapses after 12 months unless the Minister extends that period. PART 5--PIPELINE LICENCE PROCESS Division 1--Licence Application Clause 28 provides that a person may apply to the Minister for a licence to construct and operate a pipeline. However, an application for a licence cannot be made without an approved consultation plan for that pipeline. It makes clear that pre-licence processes contained in Part 4 do not apply to applications for existing pipelines that did not require a permit or licence under the Pipelines Act 1967 or under the Bill at the time they were constructed. Clause 29 provides that an application for a licence must be made in writing. Clause 30 sets out the information that must be provided in an application for a licence. Clause 31 provides that the Minister may ask for further information in relation to a licence application. Clause 32 provides that the proponent must give notice of a licence application to certain individuals and authorities. Notice under this clause must contain the prescribed information and must state that any person affected by the grant of the licence may make a written submission to the Minister about the application before the submission date, being a date specified by the Minister. 5

 


 

The clause also provides that-- · the notice must specify where the owner or occupier of land may inspect a copy of the application; · the proponent must publish a copy of the notice of the application for a licence in a newspaper circulating generally in Victoria; · notice of an application must be given in the manner and within the time specified by the Minister; and · the Secretary is required to make a copy of the application for a licence available for inspection by the public at a place approved by the Minister. Clause 33 applies if a proponent is required to prepare an Environment Effects Statement in respect of a proposed pipeline. This clause enables the notice required to be given under clause 32 to be combined with any notice required to be given under the Environment Effects Act 1978. The period during which notice of the application for a pipeline licence is required to be given or published under clause 32 must coincide as far as practicable with the period given for public comments to be submitted under the Environment Effects Act 1978. Clause 34 provides that any person who may be affected by the grant of a pipeline licence may make a written submission to the Minister about the application on or before the submission date for the application. Clause 35 states that the Minister must provide the proponent with a copy of all submissions received and give the proponent an opportunity to address the submissions. Clause 36 provides that an applicant may submit to the Minister an amendment to the licence application at any time before the applicant makes a request under clause 37 and the Minister may determine if additional notice of the amended application is required. 6

 


 

Clause 37 provides that the proponent may ask the Minister to determine whether or not to grant the licence following the close of submissions. The request may include details of how the proponent has addressed or proposes to address any matter raised in submissions received. Clause 38 provides that within 28 days of receiving a request under clause 37 the Minister must determine whether to refer the submissions to a panel or to proceed to determine the application under Division 3. Clause 39 provides that the Minister must determine to refer the submissions to a panel if the Minister considers that the proposed pipeline raises significant, environmental, social or safety risks. The Minister has no power to refer a submission to a panel if the matters raised in the submission have been considered under the Environment Effects Act 1978. Division 2--Panel to Consider Submissions Clause 40 provides that the Minister must appoint a panel to consider all submissions referred to a panel by the Minister under Division 1. Clause 41 provides that a panel may consist of one or more persons. Clause 42 provides that where a panel consists of more than one member, the Minister must appoint one of the members to be the chairperson. Clause 43 provides that unless a panel member is employed by or on behalf of the Crown, each panel member is entitled to receive fees and allowances fixed by the Minister. Clause 44 sets out the procedures applicable to a panel with more than one member. Clause 45 provides that a panel must give the proponent and any person who has stated in a submission a wish to be heard in respect of that submission a reasonable opportunity to be heard. This clause also states that Schedule 2 to the Bill applies to a hearing by a panel under this Division. Clause 46 provides that the proponent is liable to pay all the costs of a panel. 7

 


 

Clause 47 provides that after conducting hearings and considering submissions referred to it, the panel must report to the Minister on the submissions and make a recommendation to the Minister as to the action that the panel believes should be taken with respect to the application for licence. The panel's report and its recommendation must be provided to the Minister within 60 days after being referred the submissions or within such other period specified by the Minister. Division 3--Decision on Application Clause 48 provides that the Minister must determine an application for a pipeline licence within 28 days after the last of the following actions occurs-- · receipt of a request under clause 37; · receipt of a panel report under Division 2 (if any); · receipt of an assessment under the Environment Effects Act 1978 (if any); and · completion of any relevant procedure under the Native Title Act 1993 (Cth) in relation to the proposed pipeline. The Minister has the power to extend this period in order to request and consider further information from the proponent. Clause 49 sets out those matters that the Minister must consider before determining an application for a licence. Clause 50 provides that a licence cannot be granted for a pipeline on or under wilderness Crown land. Clause 51 provides that a licence cannot be granted for a pipeline on or under land subject to the National Parks Act 1975 unless the relevant Crown Land Minister has consented to the pipeline crossing that land. Such consent may be subject to conditions. Clause 52 specifies circumstances in which a licence may permit the construction of a pipeline in the area defined as the adjacent area under the Petroleum (Submerged Lands) Act 1982. Clause 53 provides that subject to this Division, and after considering the matters in clause 49, the Minister may grant a licence to the proponent authorising the construction and operation of a pipeline along an authorised route specified in the licence or refuse to grant a licence in respect of the proposed pipeline. 8

 


 

Clause 54 provides that a licence is granted subject to-- · any prescribed terms and conditions; · any conditions imposed on a consent under clause 51; · a condition that a licensee hold any insurance required under clause 144; and any other further terms and conditions stated or included in the licence, which may include conditions relating to the operations to be carried out, the protection of cultural heritage (including Indigenous cultural heritage), the protection of the environment, the maintenance of land in the pipeline area (including the control of noxious weeds and pest animals), matters of public safety and reporting obligations. Clause 55 provides that the Minister may require the proponent to comply with certain conditions before the Minister will issue a licence. Clause 56 provides that the Minister must not issue a licence for the construction of a pipeline unless the Minister is satisfied that any necessary interests in private land have been acquired either compulsorily or by agreement and that any relevant procedure under the Native Title Act 1993 (Cth) has been followed. The proponent is liable to pay any compensation, interest, charges and expenses arising in relation to these matters. Clause 57 provides that if a licence is granted by the Minister, the Minister must issue the licence if the Minister is satisfied that any conditions or requirements imposed by clauses 55 and 56 have been met and that the proponent has paid the prescribed licence fee. Division 4--Operation of Licence Clause 58 provides that a licence authorises the construction of a pipeline along the route authorised in the licence and the operation of the pipeline subject to the conditions of the licence and any lateral deviation authorised by the Minister. Clause 59 provides that a licence comes into force on the day of issue unless a later date is specified in the licence and subject to Part 5, remains in force indefinitely. 9

 


 

Clause 60 provides that construction of the pipeline must commence within 1 year after issue of the licence unless a longer period is provided for in the licence. The Minister may extend the period by 1 year or more where an application for an extension is made before the expiry of the construction commencement period. Clause 61 provides that construction of a pipeline under a licence must be completed within 2 years after the commencement of construction unless a longer period is provided for in the licence. The Minister may extend the period by 1 year or more where an application for an extension is made before the period for construction to commence expires. Division 5--Amendment of Conditions Clause 62 sets out how the Minister may initiate amendments to the conditions of a licence. The Minister is required to notify the licensee and any other person directly affected of the proposed amendments and invite the licensee or persons notified to make a submission in respect of the proposed amendment. Clause 63 sets out how a licensee can apply to the Minister to amend conditions of the licence and outlines the requirements for the application. If the Minister amends the conditions of a licence, the Minister may also make any consequential amendments to any other conditions of the licence. An application under this clause cannot be made to alter the authorised route of the pipeline. Clause 64 provides that a licensee may apply to VCAT for a review of a decision initiated by the Minister to amend a licence condition under clause 62. The clause sets out how the licensee may apply to VCAT for a review of the decision. Division 6--Alteration of Authorised Route Clause 65 makes clear that an alteration to the authorised route of a pipeline can only be made in accordance with this Division. The clause notes that this does not affect the right to deviate from the authorised route of the pipeline within the limits of lateral deviation authorised by the Minister under clause 58. Clause 66 sets out how a licensee can apply to the Minister to make a minor alteration to the authorised route of a pipeline. An application to alter the authorised route can only be made if the proposed alteration will not affect the rights or interests of any other person. 10

 


 

Clause 67 sets out the circumstances in which the Minister may grant or refuse to grant an application for a minor alteration to the authorised route. The Minister cannot grant an application unless the Minister is satisfied that the proposed alteration is reasonably necessary or expedient and is of a minor nature and will not affect the rights or interests of any other person. If the Minister grants an application, the Minister must publish a notice in the Government Gazette specifying the alterations to the route. Clause 68 sets out how a licensee can apply to the Minister to make a significant alteration to the authorised route of a pipeline. Before making such an application the licensee must consult with all owners and occupiers of the land and each responsible authority for an area affected by the proposed alteration and take all reasonable steps to reach agreement with those persons on the proposed alteration. The licensee is also required to publish notice of the application in a daily newspaper circulating in Victoria. Clause 69 provides that the Minister must not consider an application to make a significant alteration under clause 68 unless the Minister is satisfied about certain requirements. These requirements are that all necessary interests have been acquired by agreement with the owner or will be compulsorily acquired and that any relevant procedures under the Native Title Act 1993 (Cth) have been followed. The licensee is liable to pay any compensation, interest, charges and expenses incurred in acquiring any necessary interests and that may be payable under the Native Title Act 1993 (Cth). Clause 70 sets out the circumstances in which the Minister may grant or refuse to grant an application to significantly alter the authorised route. The Minister must not consider an application unless the Minister is satisfied that the licensee has complied with consultation and public advertising requirements in clause 68 and that the relevant Crown Land Minister has consented to the alteration where the authorised route of the pipeline crosses Crown land. The Minister must not grant an application unless the Minister is satisfied that the alteration is reasonably necessary or expedient and will not substantially affect the authorised route or the rights or interests of any other person. 11

 


 

If the Minister grants the application, the Minister may amend the licence to impose any conditions, standards or specifications that the Minister considers necessary as a result of the alteration. In granting the application, the Minister must publish a notice in the Government Gazette specifying the alterations made to the route of the pipeline. Clause 71 makes clear that the authorised route as altered under the Division becomes the authorised route for the purposes of the licence. Division 7--Consolidation of Licences Clause 72 provides that this Division applies where a licensee has two or more licensed pipelines and carries on or intends to carry on operations in which those pipelines are connected or used in conjunction with each other. Clause 73 provides that a licensee can apply to the Minister to consolidate two or more licences held by the licensee. Clause 74 provides that an application must be in the prescribed form and include reasons for the application and details identifying the licences to be consolidated. Clause 75 provides that the Minister may ask for further information in order to determine an application. Clause 76 provides that the Minister must not grant the application unless the Minister is satisfied that it is reasonably necessary or expedient and does not substantially affect the rights or interests of any other person. Clause 77 provides that where an application is made under clause 73 the Minister may amend the (main) licence for a pipeline for the purpose of consolidating another licence or licences with that (main) licence and include additional conditions in the (main) licence. The Minister may also cancel any licence consolidated in the (main) licence or if only part of a pipeline is consolidated, amend a licence accordingly. Clause 78 provides that a consolidated licence takes effect on the date on which it is amended under clause 77. 12

 


 

Division 8--Transfer, Surrender and Cancellation of Licences Clause 79 provides that a licensee must not transfer a licence without the Minister's consent which must not be unreasonably withheld. The Minister may impose conditions on a consent. A licensee must notify the Minister of any dealings with interests in the licence. Clause 80 provides that a licensee may surrender a licence with the consent of the Minister. The Minister must not consent to the surrender of a licence unless the Minister is satisfied that the licensee has complied with all relevant requirements of this Bill and all licence conditions. However, even if the Minister is not satisfied, he or she may still consent to the surrender if satisfied that a failure to comply was the result of one or more events beyond the control of the licensee. Where a pipeline is to be decommissioned, the Minister must not consent to the surrender of the licence unless the Minister has approved a decommissioning plan provided by the licensee. The Minister must not unreasonably withhold consent under this clause. Clause 81 sets out the circumstances in which the Minister may cancel a licence, which include non compliance with licence conditions, or where the construction or operation of the pipeline has caused unexpected and significant adverse impacts. Clause 82 provides that if a pipeline is to be decommissioned on the cancellation of a licence, the Minister may direct the licensee to prepare a plan for the decommissioning of the pipeline before cancelling the licence. If a decommissioning plan has been prepared, the Minister must not cancel the licence unless the Minister is satisfied with the plan and the licensee has decommissioned the pipeline in accordance with the plan. A failure to prepare a decommissioning plan does not prevent the Minister from cancelling the licence. Clause 83 provides that a person whose licence has been cancelled under this Division may apply to VCAT for a review of the decision to cancel the licence. 13

 


 

Clause 84 provides that if a licence is surrendered or cancelled, the Minister may revoke the pipeline easement for the pipeline by notice published in the Government Gazette. A pipeline easement cannot be revoked if another pipeline, electric line or other facility uses the easement. No compensation is payable on the revocation of an easement under this clause. Division 9--Application of Planning Laws Clause 85 provides that nothing in a planning scheme under the Planning and Environment Act 1987 requires a permit for or prevents the construction and operation of a pipeline pursuant to a licence issued under this Bill. PART 6--ACCESS TO LAND Division 1--Authorities over Public Land Clause 86 provides that the Crown Land Minister may grant to a licensee a licence or other authority allowing the licensee to construct and operate a pipeline on or under any Crown land, except wilderness Crown land, on such terms and conditions as the Crown Land Minister considers appropriate. Clause 87 provides that a public authority may grant to a licensee a lease, easement, licence or other authority of or over any land vested in the public authority allowing the licensee to construct and operate a pipeline on or under that land on any terms and conditions agreed between the public authority and the licensee. Notwithstanding this, the Minister has the power to impose any terms and conditions on any lease, easement licence or other authority granted under this clause. A lease, easement, licence or authority cannot be granted under this clause in respect of wilderness Crown land, land that is part of a park within the meaning of the National Parks Act 1975 or land managed under that Act, or land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993. Clause 88 provides that where a public authority has refused to grant an authority to a licensee under clause 87, the licensee may apply to the Minister for the grant of an authority over the land. Before granting an authority the Minister must be satisfied that the licensee has taken all reasonable steps to reach an agreement with the authority and have consulted with the public authority and the responsible Minister. Under this clause the Minister may grant the licensee an authority over the land in order to construct and operate the pipeline on terms and conditions determined by the 14

 


 

Minister. An authority cannot be granted under this clause in respect of wilderness Crown land, land that is part of a park within the meaning of the National Parks Act 1975 or land managed under that Act, or land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993. Division 2--Purchase or Acquisition of Easements Clause 89 provides that a proponent or licensee may enter into an agreement with the owner of private land to purchase an easement over that land for the purposes of the pipeline. Clause 90 provides that at the end of 6 months after giving notice to the owner of land, a proponent or licensee may apply to the Minister for consent to compulsorily acquire an easement over private land for the purpose of constructing and operating the pipeline. The Minister may abridge the period of time within which an application can be made under this section if the Minister considers it appropriate to do so. The application must set out the details of the proposed easement and the purpose for which it is to be required. However, the Minister may ask for further information regarding an application under this clause. Clause 91 requires the proponent or licensee to give notice of the application for consent for compulsory acquisition under clause 90 to any owner or occupier of the private land to which the application relates. The clause sets out the information that must accompany the notice. The notice must set a closing date for receiving submissions that is specified by the Minister and refer to the right of the owner and occupier to make a written submission to the Minister about the application. The clause also provides that the notice lapses on the day after the Minister makes a decision on the application under clause 95. Clause 92 provides that the proponent or licensee must give the Registrar of Titles notice in the prescribed form of the notice of application for consent for compulsory acquisition given under clause 91 "without delay". The Registrar of Titles must make a recording of the notice of application for consent for compulsory acquisition in the Register and, upon notification from the proponent that the notice of application for consent for compulsory acquisition has lapse, delete from the Register any recordings of the notice. The clause also makes clear that a person is not entitled to damages or compensation from the proponent as a result of the proponent's compliance with this clause. 15

 


 

Clause 93 makes clear that the giving of notice under clause 91 does not constitute an offer or agreement to acquire the land to which the notice applies. Clause 94 provides that a person who has been given a notice under clause 91 must first obtain the consent of the proponent or licensee before entering into any sale or transaction with the land or making improvements of a durable nature to the land. The Registrar of Titles must notify the proponent or licensee upon receiving any document relating to a dealing on any land for which a notice has been given to the Registrar of Titles under clause 92. The clause makes clear that nothing in this clause prevents any person from discharging a mortgage over the land or a mortgagee from exercising a power of sale in respect of the land. Clause 95 provides that before making a decision on an application under clause 90, the Minister must be satisfied that the proponent or licensee has taken all reasonable steps to reach agreement with the owners of the land in relation to the purchase of the easement and considered any submissions made under clause 91. The Minister must not consent to a compulsory acquisition of an easement by a proponent unless the Minister has decided to grant the licence for the pipeline. The Minister must decide the application within 28 days after the submission date for the application or the date of the decision to grant or refuse the licence (whichever is the later). Clause 96 provides that the licensee may compulsorily acquire an easement if the Minister has consented to the application made under clause 95. This clause also outlines the provisions of the Land Acquisition and Compensation Act 1986 that apply to a compulsory acquisition of an easement by a licensee. Clause 97 provides that an easement purchased or acquired under this Division is an easement in gross. Division 3--Emergency Access to Land Clause 98 provides that a licensee may enter any private land or Crown land in an emergency to ensure public safety, to repair a pipeline or to repair damage to the environment resulting from an incident involving the pipeline. 16

 


 

PART 7--CONSTRUCTION OF PIPELINE Division 1--General Requirements Clause 99 provides that a licensee must ensure that the pipeline is constructed along the route authorised in the licence for that pipeline, within the limits of lateral deviation authorised by the Minister. Non-compliance constitutes an offence. Clause 100 provides that a licensee must ensure that the pipeline is constructed in accordance with any conditions included in the licence and any prescribed standards, specifications and conditions. Non-compliance constitutes an offence. Division 2--Pipelines and Infrastructure Clause 101 provides that where a pipeline runs along or crosses over or under a railway or land reserved for railway purposes, the pipeline must be constructed to the satisfaction of Victorian Rail Track, at the expense of the licensee. Non-compliance constitutes an offence. Clause 102 provides that where a pipeline runs along or crosses over or under a road, bridge, tramway or road infrastructure, the pipeline must be constructed to the satisfaction of the relevant authority, at the expense of the licensee. Non-compliance constitutes an offence. Clause 103 provides that where a pipeline runs along or crosses over or under any electrical apparatus or other pipeline, the pipeline must be constructed to the satisfaction of the relevant authority, at the expense of the licensee. Non-compliance constitutes an offence. Clause 104 provides that the licensee must reimburse any extra expense incurred by Victorian Rail Track, a public authority or municipal council responsible for the maintenance of a railway, road, bridge, tramway, road infrastructure, electrical apparatus or other pipeline because of the existence and operation of the pipeline. Clause 105 provides that any dispute arising between the licensee and Victorian Rail Track, a public authority, municipal council or Minister in relation to any matter referred to in this Division may be referred to the Governor in Council for determination. The parties must comply with a determination of the Governor in Council. 17

 


 

Division 3--Obstruction of Construction Clause 106 makes it an offence for a person to wilfully obstruct a licensee or a licensee's agent in the lawful construction of a pipeline, or to interfere with any works relating to the construction of a pipeline without the authority of the licensee. PART 8--OPERATION OF PIPELINE Division 1--General Operation Clause 107 provides that a licensee must not commence operation of a pipeline or resume operation of a pipeline without the written consent of the Minister. Non-compliance constitutes an offence. Clause 108 provides that the Minister may consent to the commencement or resumption of the operation of a pipeline under clause 107 if the Minister is satisfied that the pipeline may be operated safely. The Minister's consent can be given subject to conditions. Clause 109 requires the licensee to ensure that the pipeline is operated and maintained in accordance with any standards, specifications and conditions included in the licence and any prescribed standards, specifications and conditions. Non-compliance constitutes an offence. Clause 110 provides that a licensee must not operate a pipeline unless the annual prescribed pipeline operation fee has been paid. The annual prescribed pipeline operation fee may be a rate for each kilometre or part of a kilometre of pipeline under the licence. Clause 111 makes it an offence for the licensee to convey anything through a pipeline that is not authorised by the licence without the authorisation of the Minister under clause 113. Clause 112 provides that a licensee must consult with the owners and occupiers of land who the licensee reasonably believes will be directly affected by the proposed use of the pipeline before making an application under clause 113. Clause 113 provides that a licensee may apply to the Minister for authority to use the pipeline to convey something other than the thing authorised by the licence. Clause 113(2) sets out the information that must be included in an application. Clauses 113(3) and (4) provide that the Minister may give the authority subject to any terms and conditions the Minister considers necessary or refuse the application. 18

 


 

Division 2--Safety and Environment Requirements Clause 114 provides that the Minister may serve a notice on the licensee at any time imposing requirements in respect of the pipeline including in relation to the examination, repair, maintenance adjustment, testing, modification, reinforcement, protection or inspection of the pipeline that the Minister considers necessary in the interests of safety or the protection of the environment. Failure to comply with a requirement imposed under this clause constitutes an offence. Obstructing or hindering the carrying out a requirement imposed under this clause also constitutes an offence. Clause 115 provides that the Minister may serve a notice on the licensee imposing a limit on the pressure at which the pipeline may be operated or prohibiting the use of the pipeline, either absolutely or for the conveyance of any thing other than a thing specified in the notice, if the Minister considers it necessary in the interests of safety or the protection of the environment. The notice must specify the alterations, repairs or replacements that must be carried out to end the limitation or prohibition and the Minister must end the limitation or prohibition following the satisfactory completion of such alterations, repairs or replacements. The licensee must comply with a limitation or prohibition specified in a notice and failure to do so constitutes an offence. Clause 116 provides that the licensee must have efficient arrangements in place to ensure that immediate notification is given to the nearest police station and relevant authorities in the event of the escape or ignition of anything in the pipeline. Non-compliance constitutes an offence. Division 3--Interference with Operation Clause 117 makes it an offence for a person to wilfully obstruct a licensee or a licensee's agent in the lawful exercise of a licensee's powers in relation to the operation of a pipeline, or to interfere with any works relating to the operation of a pipeline by the licensee, without the authority of the licensee. 19

 


 

Clause 118 makes it an offence for a person to carry out any excavation or bore or open any ground within 3 metres of a pipeline without either obtaining the consent of the licensee or giving notice to the licensee in accordance with the regulations. This clause does not apply where an owner or occupier of land or other person acting on behalf of an owner or occupier excavates or bores or opens ground within 3 metres of a pipeline to a depth of no more than 300 millimetres. Clause 119 makes it an offence for a person to knowingly, recklessly or negligently break, injure, open or tamper with any pipeline, unless that person is lawfully carrying out work on behalf of the licensee in respect of that pipeline. Clause 120 makes it an offence for a person to construct a building within 3 metres from a point on the surface of the land directly above part of a pipeline situated below the surface unless the Minister has first consented to that construction. If such an offence has occurred, the Minister may hold a hearing in order to determine whether or not the building should be demolished. After hearing any submissions by the owner of the building, if the Minister considers that the building may impede operation of the pipeline or endanger the pipeline, the Minister may direct the owner to take specified steps in order to remove that impediment or danger or demolish the building. Failure to comply with a direction constitutes an offence. Division 4--Third Party Access Clause 121 provides that a licensee may enter into an agreement to convey an authorised substance through the pipeline on behalf of a third party. However, such an agreement must not be inconsistent with this Bill or with the licence. Clause 122 provides that if a licensee fails to enter into an agreement under clause 121, the person seeking agreement may apply to the Minister for a direction to share use of the pipeline. The Minister may direct a licensee to convey through the pipeline an authorised substance on behalf of a third party on terms and conditions determined by the Minister. The Minister may consider matters such as the capacity of the pipeline, the impact of the proposal on the safety of the pipeline and any additional costs to the licensee of the proposal before making a direction under this clause. 20

 


 

This clause also enables the Minister to override an agreement made by the licensee with a third party under clause 121. An application may be made by any person who has entered into a previous agreement with the licensee to convey substances through the pipeline or benefits from a previous direction by the Minister under clause 122. The Minister may direct that the licensee not carry the third party's substance through the pipeline. A licensee must comply with a direction under this clause. Failure to do constitutes an offence. This clause does not apply to gas pipelines, which are subject to a separate third party access regime provided for in the Gas Pipelines Access (Victoria) Act 1998. Clause 123 provides that a third party may apply to the Minister for approval of access to a pipeline easement for the construction and operation of another pipeline, an electric line or other facility if the licensee does not agree to that access. The Minister must consult with the licensee and the owner and occupier of the land over which the easement exists before granting an approval under clause 123. Providing the Minister is satisfied that the licensee does not intend to construct an additional pipeline on the easement in the foreseeable future, the new facility can be safely added to the easement and the applicant has agreed to pay appropriate compensation to the licensee and the owner and occupier of the land, the Minister may approve the access to the pipeline easement. The licensee must then permit the access. PART 9--MANAGEMENT PLANS Division 1--General Duties of Safety and Environment Protection Clause 124 provides that a licensee must manage any pipeline operation so as to minimise as far as reasonably practicable any safety and environment hazards. Failure by the licensee to comply constitutes an offence. Clause 125 sets out the matters that must be considered in determining what is reasonably practicable for the purposes of this Division. These matters include the likelihood of the hazard or risk, the degree of harm and availability of ways to eliminate or reduce the hazard or risk. 21

 


 

Division 2--Safety Management Plans Clause 126 requires a licensee to submit a Safety Management Plan for approval by Energy Safe Victoria before commencing any pipeline operation. A Safety Management Plan may be submitted and approved in stages. Clause 127 makes it an offence to carry out a pipeline operation without a Safety Management Plan having been first approved by Energy Safe Victoria. Clause 128 sets out the circumstances in which Energy Safe Victoria may or must accept a Safety Management Plan. The Minister must not accept a plan unless satisfied that the licensee has consulted with relevant owners, occupiers and managers of land, and may require further information to enable a decision to be made. The Minister must accept a plan if satisfied that the Safety Management Plan is appropriate for the pipeline operation and complies with the Bill and the regulations and may accept a plan on conditions that relate to or are incidental to the safety of the pipeline operation. Clause 129 requires a licensee to operate the pipeline in accordance with the approved Safety Management Plan and makes failure to do so an offence. Clause 130 provides that on application by the licensee, Energy Safe Victoria may permit an amendment to the Safety Management Plan. Clause 131 provides that Energy Safe Victoria may require an amendment to be made to the Safety Management Plan after consulting with the licensee. Clause 132 provides that a licensee must review its Safety Management Plan at least every five years and report the results of the review to Energy Safe Victoria. A failure to comply constitutes an offence. Division 3--Environment Management Plans Clause 133 requires the licensee to submit an Environment Management Plan for approval by the Minister before commencing any pipeline operation. The Plan may be submitted and accepted in stages. Clause 134 makes it an offence to carry out a pipeline operation without an Environment Management Plan having been first approved by the Minister. 22

 


 

Clause 135 sets out the circumstances in which the Minister may or must accept an Environment Management Plan. The Minister must not accept a plan unless satisfied that the licensee has consulted with relevant owners, occupiers and managers of land and must consult with the Minister administering the Gas Safety Act 1997 before accepting a plan. The Minister may also consult with any other Minister, public authority, person or body that the Minister considers to be affected by the Environment Management Plan and may request further information to enable a decision to be made. The Minister must accept the plan with conditions if satisfied that the Environment Management Plan is appropriate for the pipeline operation and complies with the Bill and the regulations. Clause 136 provides that a licensee must operate the pipeline in accordance with the approved Environment Management Plan with failure to comply constituting an offence. Clause 137 provides that on written application by the licensee, the Minister may permit an amendment to the Environment Management Plan. Clause 138 provides that a Minister may require an amendment to the Environment Management Plan after consulting with the licensee. Clause 139 provides that a licensee must review its Environment Management Plan at least every five years and report the results of the review to the Minister. Non-compliance constitutes an offence. PART 10--REHABILITATION AND COMPENSATION Division 1--Rehabilitation Bond Clause 140 defines the term "rehabilitation bond" for the purposes of this Part as a means of securing a specified amount of money for rehabilitation, clean-up or pollution prevention work. Clause 141 requires a licensee to obtain a rehabilitation bond for an amount specified by the Minister before constructing a pipeline. This clause also allows the Minister to require a licensee to provide a rehabilitation bond to the Minister for an amount specified before the cancellation or surrender of a licence. 23

 


 

Clause 142 provides that the Minister may require the licensee to obtain an extension of the existing rehabilitation bond or further rehabilitation bond if the Minister believes, after consulting with the licensee, that the existing rehabilitation bond for the pipeline is insufficient. The licensee must comply with a notice imposing a requirement under this clause with the failure to do so constituting an offence. Clause 143 sets out the circumstances in which the Minister must return the rehabilitation bond to the licensee. Division 2--Insurance Clause 144 requires a licensee to maintain insurance against liabilities and expenses arising in connection with a pipeline operation, including sufficient insurance to cover the cost of any clean-up arising from the escape of substances from the pipeline. Division 3--Rehabilitation Clause 145 requires a licensee to rehabilitate any land as soon as practicable after the construction of the pipeline has been completed. The licensee must rehabilitate so that it can be used for the purposes for which it was used before the construction of the pipeline or with the prior approval of the Minister, for any other purpose agreed between the owner, the occupier of the land and the licensee. Clause 146 provides that where a decommissioning plan has been prepared under Division 8 of Part 5, the licensee must carry out any rehabilitation provided for in that plan. Clause 147 provides that where licence is surrendered or cancelled, the Minister may direct the licensee to remove the pipeline and all equipment and to rehabilitate the land to the directed standard. The Minister must consult with the owner and occupier of the land before giving a direction about the standard of rehabilitation. Non-compliance with a direction under this section constitutes an offence. Clause 148 provides that if the licensee fails to rehabilitate the land, the owner of the land may rehabilitate the land and recover from the licensee any reasonably incurred expenses in carrying out the rehabilitation. Any expenses recovered in accordance with this clause do not affect any right to compensation under this Bill. 24

 


 

Clause 149 enables the Minister to rehabilitate the land if the Minister is not satisfied the land has been rehabilitated as required or upon the request of the land owner, if the licensee has failed to rehabilitate within a reasonable time. The Minister may recover as a debt to the Crown any amount incurred in the rehabilitation if it exceeds the rehabilitation bond. Where the Minister fails to act on the land owner's request, he or she must provide reasons to the land owner. Clause 150 enables the Minister to cause the pipeline or equipment to be removed where a person has failed to comply with a direction to remove the pipeline or equipment. The Minister is able to recover the removal costs from the rehabilitation bond or proceeds from the sale of the pipeline or equipment. Where the bond and proceeds are insufficient, the person who failed to comply with the direction must pay any outstanding costs and the Minister may recover this amount as a debt due to the Crown in a court of competent jurisdiction. Division 4--Compensation Clause 151 provides that the owner and occupier of land is entitled to compensation from a proponent who carries out a survey on the land or a licensee who carries out a pipeline operation or gains emergency access to the land. The amount of compensation should cover deprivation or impairment of the use and enjoyment of the land, damage to the land, damage to any business or other activity on the land, and consequential loss. The amount of compensation may be determined by agreement. Clause 152 provides that an owner and occupier of land is also entitled to compensation in respect of third party access approved under clause 123 to the land for loss resulting from that access. Clause 153 requires a claim for compensation to be made within 3 years after the loss or damage occurred. Clause 154 enables owners and occupiers of land to apply to VCAT to determine a disputed compensation claim or to refer a disputed claim to the Supreme Court. The land owner must apply in accordance with Part 10 of the Land Acquisition and Compensation Act 1986, which applies as if the claim were a claim under that Act and the licensee or proponent were the Authority referred to in Part 10. This clause does not apply to a claim for compensation under the Native Title Act 1993 (Cth). The court must take any other compensation received by the owner into account in assessing compensation. 25

 


 

PART 11--ENFORCEMENT Division 1--Directions of Minister Clause 155 provides that, in an emergency, the Minister may give written directions to any person requiring them to cease operating a pipeline where necessary for safety reasons, or to do anything to make a pipeline safe, or do or cease to do any other thing necessary for the environment or public health and safety. Clause 156 provides that non-compliance with a direction under clause 155 without lawful excuse is an offence. Division 2--Inspection Powers Clause 157 provides that the Minister may authorise an appropriately qualified person to carry out inspections for the purposes of this Bill. Clause 158 requires the Minister to give each authorised inspector an identity card with that person's name and photograph. Failure to return a revoked or expired identity card is an offence. Clause 159 requires an inspector to show his or her identity card when asked and before exercising a power under this Division. Non-compliance is an offence. Clause 160 provides an inspector with the power to enter premises used in connection with a pipeline operation at a reasonable hour during the day and at any time when the premises are open for business. This clause also provides an inspector with certain powers of search and seizure. An inspector may inspect the premises and its contents, copy documents, seize anything which the inspector reasonably believes requires seizure to prevent its concealment, loss or destruction. An inspector may also test equipment, take photographs, audio or visual recordings, and use any assistants necessary to exercise the powers conferred by this clause. In addition, this clause gives an inspector the power to carry out inspections and tests of a pipeline, take samples and cross adjacent land to access the pipeline. The clause places certain restrictions on the use of these powers. The powers under this clause may not be exercised beyond the extent reasonably necessary to determine compliance or if an inspector has failed to produce identification upon request. 26

 


 

An inspector may not enter a residence for the purpose of determining compliance unless written consent is provided by the occupier. Clause 161 provides that an inspector may exercise any power conferred by clause 160 where he or she reasonably believes it is necessary because of an immediate serious risk to health, safety or the environment. If an inspector fails to produce identification upon request, the powers cannot be exercised. If the owner or occupier of a premises is absent when an inspector exercises a power of entry under this section, the inspector must leave a notice including specified information. Clause 162 sets out the powers of an inspector where he or she suspects on reasonable grounds that evidence of an offence under this Bill exists at a premises. If the inspector has the occupier's written consent, he or she may enter the premises without a search warrant. Before obtaining the occupier's consent the inspector must produce his or her identity card for inspection. They must inform the occupier of the purpose of the search, and the right to refuse to consent to entry, search and seizure. The occupier also has the right to refuse taking any sample of goods or extract from a document. Anything seized during the search may be used as evidence in a proceeding. This clause also outlines an inspector's powers in the event that evidence is found following a search. Clause 163 requires that an occupier be given a copy of his or her written consent to a search of their premises or residence immediately. Lack of written consent results in the presumption in any court proceeding that such consent has not been obtained unless contrary evidence can be provided. Clause 164 enables an inspector to apply to a magistrate for a search warrant if he or she believes on reasonable grounds that evidence of an offence under this Bill will be found on a premises within 72 hours. This clause sets out the grounds on which a magistrate may issue a search warrant and what particulars to be included in the search warrant. This clause also outlines the sections of the Magistrates Court Act 1989, which apply to search warrants issued under this clause. 27

 


 

Clause 165 requires an inspector to announce that he or she is authorised to enter the premises by the warrant and give any person at the premises an opportunity to allow entry before executing the search warrant. However, an inspector need not comply with this requirement if he or she believes on reasonable grounds that immediate entry is required to secure the safety of any person or the effective execution of the warrant. Clause 166 requires an inspector to show his or her identity card and to give a copy of the execution copy of the warrant to the occupier if the occupier or his or her representative is present when a search warrant is being executed. Clause 167 provides that an inspector may not seize a thing, unless he or she provides a receipt for the thing. Clause 168 requires that if a document, storage device or thing that can be readily copied is seized, then an inspector must provide a copy to the owner or custodian as soon as practicable after seizure unless clause 169(2) applies to the thing or its owner can't be identified. Clause 169 outlines the circumstances in which an inspector may bring equipment on to a premises to examine or process a thing to determine whether it is evidence. An inspector may remove a thing to examine it elsewhere if it is not practicable to examine the thing on the premises, or if the occupier consents. The inspector may also operate equipment already on the premises to examine a thing if the inspector believes the equipment is suitable and the examination will not occasion damage. Clause 170 sets out an inspector's powers relating to the seizure or use of electronic equipment. This clause provides that where an inspector believes information relevant to potential contraventions of the Bill may be stored on an information storage device, the inspector may require the occupier, or their employee, to access that information. This clause also provides powers for inspectors to seize the information either in document or electronic form. Clause 171 sets out an inspector's powers in relation to the taking of samples. This clause provides that where an inspector takes a sample, the inspector must advise the person in possession why it is being taken and if requested, give part of the sample to that person. If not required for legal proceedings, the sample must be returned within 28 days. 28

 


 

Clause 172 requires the Minister to pay compensation for any damage caused by an inspector exercising or purporting to act under a power conferred by this Bill. However, the Minister is not liable if the inspection reveals the Bill has been contravened. In determining compensation for damage to electronic equipment, regard is to be had to whether the occupier or employees had provided any warning or guidance as to the equipment's operation. Clause 173 requires an inspector to take reasonable steps to return seized things if the reason for seizure ceases to exist. Once the retention period has expired, the inspector must take reasonable steps to return the thing, unless legal proceedings have commenced or the Magistrates' Court extends the period under clause 174. Clause 174 provides that an inspector may apply to the Magistrates' Court for an extension of the retention period. The Magistrates Court may order the extension if satisfied that the retention of the thing is necessary for an investigation or to enable evidence to be obtained for prosecution. The Magistrates' Court may adjourn an application to enable notice to be given to any person. Clause 175 sets out the powers of an inspector upon entry. The inspector, after production of his or her identity card, and notifying a person of the protection against self-incrimination under clause 177, may require a person to give information orally or in writing, produce documents and give reasonable assistance. Clause 176 makes it an offence for a person not to comply with a requirement of an inspector under this Division without reasonable excuse. Clause 177 provides protection against self-incrimination for a natural person where he or she is required to do something or give information under this Bill, except where a person refuses or fails to produce a document. Clause 178 makes it an offence to give false or misleading information to an inspector in relation to a pipeline operation or to produce a false or misleading document without indicating the false or misleading aspects and if practicable, providing correct information. Clause 179 makes it an offence to obstruct, hinder or refuse admission to an inspector who is exercising a power given to him or her under this Bill. 29

 


 

Division 3--Improvement and Prohibition Notices Clause 180 provides that an inspector may issue an improvement notice to the licensee, if satisfied that a licensee is contravening the Act, or a licence condition, or has done so and is likely to do so again. The improvement notice requires specified action within a specified time. Failure to comply with the notice is an offence. Clause 181 empowers an inspector to issue a prohibition notice, where, in the inspector's opinion, an activity is occurring or likely to occur, which creates an immediate serious risk to health, safety or the environment. The notice may prohibit the licensee from carrying out any pipeline operation, any activity in relation to a pipeline, or any specified action in the vicinity of a pipeline until a specified action or time. The notice must specify the time from when it takes effect and may include directions to remove or reduce the risk. Failure to comply with the notice is a continuing offence. Clause 182 enables a person to apply to VCAT for review of an inspector's decision to issue an improvement or prohibition notice. This clause sets out the circumstances in which an application must be made. Despite the requirement to comply with an improvement notice in clause 180, a licensee who applies to VCAT need not comply with the notice until it is affirmed by VCAT or the application is abandoned or dismissed. Clause 183 sets out defences to a charge of failure to comply with a notice. The clause provides that it is a defence to the offence of failing to comply with an improvement notice, if the accused did not contravene the Act or a licence condition or if the accused took all reasonable steps to comply with the notice. It is a defence to a charge of failure to comply with an improvement notice or a prohibition notice if the accused can prove he or she took all reasonable steps to comply with the notice. PART 12--ADMINISTRATIVE MATTERS Division 1--Delegation Clause 184 enables a Minister to delegate any of his or her powers under this Bill to a member of the public service, or an employee of Energy Safe Victoria. However, the Minister cannot not delegate powers under clauses 53 and 95 and his or her power of delegation. 30

 


 

Clause 185 enables the Secretary to delegate any of his or her powers or functions (other than his or her power of delegation) under this Bill to a person or office holder of the public service. Division 2--Pipelines Register Clause 186 requires the Secretary to establish and maintain a Pipelines Register (which may be in electronic form) which records licences and instruments surrendering, amending, consolidating or cancelling licences. Clause 187 provides that the Secretary may correct errors or omissions in the Pipelines Register on application of any person or at the Secretary's initiative. The Secretary must notify the licensee of any correction affecting the licence. Clause 188 provides that the Secretary must allow access to and provide information from the Pipelines Register at all reasonable times to any person who pays the prescribed fee. However, the Secretary must not allow such access or disclosure if he or she considers the information is confidential or commercially sensitive. Clause 189 makes it an offence to knowingly make, cause or allow to be made a false or unauthorised entry in the Pipelines Register. PART 13--REGULATIONS Clause 190 provides the Governor in Council with the power to make regulations for the purposes of the Bill. PART 14--TRANSITIONAL PROVISIONS Clause 191 defines the terms used in this Part. Clause 192 provides that this Part does not affect the Interpretation of Legislation Act 1984. Clause 193 provides that after the commencement day (which is the date of commencement of clause 213), a reference to the Pipelines Act 1967 made in any other Act, instrument or document is deemed to be a reference to this Bill, unless the context otherwise requires. Similarly, a reference to a permit or licence under the Pipelines Act 1967 made in any other Act, instrument or document will be deemed to be a reference to a licence under this Bill. 31

 


 

Clause 194 A person who holds a current permit and a licence issued under the Pipelines Act 1967 is deemed to hold a licence issued under this Bill after the commencement day. The licence is subject to the same terms and conditions and, subject to Part 5, it exists for an indefinite term. Where the pipeline has either not commenced construction or construction, has commenced but has not been completed, the clause provides the means for calculating the date by which construction of the pipeline must have commenced or be completed. The clause also provides that a provision in this Bill or the regulations will override a term or condition of a permit and licence issued under the Pipelines Act 1967 to the extent there is any inconsistency. Clause 195 provides that the authorised route of a pipeline existing before the commencement day is deemed to be the authorised route to the pipeline under this Bill. Clause 196 provides that an application for a permit for a new pipeline made under section 9(1) of the Pipelines Act 1967 but not determined before the commencement day, is deemed to be an application for a licence under this Bill, except that certain specified pre-licence requirements will not apply. The clause also enables the Minister to require the applicant to provide further information necessary to determine whether to grant the licence, where an application for a licence for that pipeline had not been made before the commencement day. Clause 197 provides that an application for a permit or licence for an existing pipeline made under section 9(1) or 28 of the Pipelines Act 1967 but not determined before the commencement day, is deemed to be an application for a licence under this Bill, except that certain specified pre-licence requirements will not apply. Clause 198 provides that the pre-licence requirements contained in Part 4 and clause 28(2) will not apply to a new application for a licence under this Bill in respect to a pipeline existing on the commencement day. 32

 


 

Clause 199 provides that where an application to vary the authorised route of a pipeline was made under section 12(4) of the Pipelines Act 1967 but not determined before the commencement day, the Minister must determine whether such an application is for a minor or a significant alteration to the authorised route. Where it is determined that an applications is for a minor alteration, the application will be deemed to be an application under clause 66 of this Bill. Where it is determined that an applications is for a significant alteration, the application will be deemed to be an application under clause 68 of the Bill. Clause 200 provides that an application for consolidation of permits made under section 12A of the Pipelines Act 1967 but not determined before the commencement day, is deemed to be an application under Division 7 of Part 5. Clause 201 provides that an application for variation of a permit or licence made under sections 12B or 28A of the Pipelines Act 1967 but not determined before the commencement day, is deemed to be an application under clause 63 of this Bill. Clause 202 provides that an application for consent to transfer a permit or licence made under sections 14 or 28B or the Pipelines Act 1967 but not determined before the commencement day, is deemed to be an application under clause 79 of this Bill. Clause 203 provides that an authorisation to convey a thing through a pipeline given under section 16 of the Pipelines Act 1967 and current on the commencement day, is deemed to be an authorisation under clause 113 of this Bill. The clause also provides that an application for an authorisation to convey a thing through a pipeline made under section 16 of the Pipelines Act 1967 but not determined before the commencement day, is deemed to be an application under clause 113 of this Bill. Clause 204 provides that a direction to share use of a pipeline given by the Minister under section 17 of the Pipelines Act 1967 and current on the commencement day, is deemed to be a direction of the Minister under clause 122 of this Bill. Clause 205 provides that where the Minister has consented to the compulsory acquisition of an easement over private land under section 22 of the Pipelines Act 1967 before the commencement day, then the compulsory acquisition processes provided for under the Pipelines Act 1967 will continue to apply to that acquisition, despite their repeal. 33

 


 

Clause 206 provides that a consent to operate a pipeline given by the Minister under section 35 of the Pipelines Act 1967 and which is current on the commencement day, is deemed to be a relevant consent under clause 108 of this Bill. Clause 207 provides that a hearing by the Minister under section 41 of the Pipelines Act 1967 commenced but not completed before the commencement day, can be continued and completed as a hearing under clause 120 of this Bill. Clause 208 provides that a safety case accepted under section 40 of the Gas Safety Act 1997 for a pipeline for the conveyance of gas and to which this Bill applies, is deemed to be a Safety Management Plan accepted under clause 128 of this Bill on the commencement day. Clause 209 provides that an approved Construction Safety Plan and an approved Safety and Operating Plan required by regulation 19 of the Pipelines Regulations 2000 for a pipeline (other than a pipeline for the conveyance of gas) to which this Bill applies, is deemed to be a Safety Management Plan accepted under clause 128 of this Bill on the commencement day. Clause 210 provides that where a pipeline to which this Bill applies does not have a Safety Management Plan recognised under clauses 208 or 209 at the commencement day, the licensee is required to submit a Safety Management Plan for approval within one year after the commencement day. Clause 211 provides that an approved Construction Safety Plan and Environment Management Plan for the construction of the pipeline and a Safety and Environment Management Plan for the operation and maintenance of the pipeline will be deemed an Environment Management Plan. Clause 212 provides that where a pipeline to which this Bill applies does not have a Environment Management Plan recognised under clause 211 at the commencement of this Bill, the licensee is required to submit a Environment Management Plan for approval under clause 133 within one year after the commencement day. 34

 


 

PART 15--REPEAL AND AMENDMENT OF OTHER ACTS Clause 213 repeals the Pipelines Act 1967. Clause 214 repeals the Pipelines (Permits) Act 1984. Clause 215 repeals the Pipelines (Amendment) Act 1996. Clause 216 replaces references to the Pipelines Act 1967 with references to this Bill in the Dangerous Goods Act 1985. Clause 217 replaces references to the Pipelines Act 1967 with references to this Bill in the Gas Industry Act 2001. Clause 218 replaces references to the Pipelines Act 1967 with references to this Bill in the Melbourne City Link Act 1995. Clause 219 replaces references to the Pipelines Act 1967 with references to this Bill in the National Parks Act 1975. Clause 220 replaces references to the Pipelines Act 1967 with references to this Bill in the Petroleum Act 1998. Clause 221 replaces references to the Pipelines Act 1967 with references to this Bill in the Road Management Act 2004. Clause 222 replaces references to the Pipelines Act 1967 with references to this Bill in the Safety on Public Land 2004. Clause 223 repeals Part 15A of Schedule 1 in the Victorian Civil and Administrative Act 1998 which relates to a procedure under the old Act which no longer applies in the new Bill. SCHEDULES SCHEDULE 1 Schedule 1 sets out pipelines that are excluded from the operation of this Bill. SCHEDULE 2 Schedule 2 sets out the procedures and directions which apply to panel hearings under clause 45 of the Bill. 35

 


 

 


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