Victorian Numbered Acts Victorian Numbered ActsFor Part 10 of the Principal Act substitute —
A major electricity company must design, construct, operate, maintain and decommission its supply network to minimise as far as practicable—
(a) the hazards and risks to the safety of any person arising from the supply network; and
(b) the hazards and risks of damage to the property of any person arising from the supply network.
Penalty: In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(1) A major electricity company must submit an electricity safety management scheme to Energy Safe Victoria for each of its supply networks in accordance with this section.
Penalty: In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(2) An electricity safety management scheme for a supply network must—
(a) be in writing; and
(b) in accordance with the regulations, specify the safety management system being followed or to be followed by the major electricity company—
(i) to comply with the major electricity company's duties under Division 1; and
(ii) in relation to any other matters relating to the safe design, construction, operation, maintenance and decommissioning of the supply network that are prescribed.
(3) The electricity safety management scheme for a supply network which is in operation immediately before the commencement of this section must be submitted within 12 months after that commencement.
(4) The electricity safety management scheme for any other supply network must be submitted to Energy Safe Victoria before the major electricity company commences to commission, or operate, that supply network.
(5) An electricity safety management scheme may apply to more than one supply network.
(6) An electricity safety management scheme that is submitted under this section must be accompanied by the prescribed fee.
(1) If an electricity safety management scheme has been submitted for a supply network, Energy Safe Victoria may require the major electricity company to obtain an independent validation of that electricity safety management scheme or any part of that electricity safety management scheme.
(2) Energy Safe Victoria may require the validation to assess the design, construction, operation, maintenance and decommissioning of the supply network or any part of the supply network or all or any of those matters to determine if the supply network or part of the supply network will be fit for the purpose.
(3) The major electricity company must establish to the satisfaction of Energy Safe Victoria that each person undertaking the validation of a matter has the necessary competence and ability and access to information on the matter to arrive at an independent opinion on the matter.
(4) If Energy Safe Victoria requires a major electricity company to provide an independent validation of an electricity safety management scheme or part of an electricity safety management scheme, the costs of that validation must be borne by the major electricity company.
(5) Energy Safe Victoria is not required to proceed with the consideration of an electricity safety management scheme until the independent validation is provided.
(1) Energy Safe Victoria may require a major electricity company to provide any additional information that Energy Safe Victoria thinks fit in relation to an electricity safety management scheme submitted by the major electricity company under this Division.
(2) Energy Safe Victoria is not required to proceed with the consideration of an electricity safety management scheme until the additional information is provided.
(1) Energy Safe Victoria must consider an electricity safety management scheme submitted under this Division with as much expedition as the requirements of this Act and the regulations and the proper consideration of the electricity safety management scheme permit.
(2) Energy Safe Victoria must accept an electricity safety management scheme submitted under this Division if it is satisfied that the electricity safety management scheme is appropriate for the supply network to which it applies and complies with this Act and the regulations relating to electricity safety management schemes.
(3) Energy Safe Victoria must notify the major electricity company in writing of its decision to accept an electricity safety management scheme.
(1) Energy Safe Victoria may provisionally accept an electricity safety management scheme if it is satisfied that it will provide for the safe operation of the supply network.
(2) Energy Safe Victoria must notify the major electricity company in writing of its decision to provisionally accept an electricity safety management scheme.
(3) The notice of acceptance must state—
(a) the period that the provisional acceptance will be in force; and
(b) the extent to which the electricity safety management scheme has been accepted; and
(c) any limitations or conditions which will apply in respect of the design, construction, operation, maintenance or decommissioning of the supply network while the provisional acceptance is in force.
(1) If Energy Safe Victoria does not accept or provisionally accept an electricity safety management scheme it must—
(a) notify the major electricity company in writing of the non-acceptance; and
(b) give the major electricity company an opportunity to modify and re-submit the electricity safety management scheme.
(2) A modified electricity safety management scheme must be submitted to Energy Safe Victoria within 28 days after the notice is given under subsection (1).
(3) If, after considering any modified electricity safety management scheme submitted under this section, Energy Safe Victoria decides not to accept an electricity safety management scheme, Energy Safe Victoria must give notice in writing of that decision to the major electricity company.
(4) A notice under this section must be accompanied by a statement of the reasons for the decision.
(1) Energy Safe Victoria may determine the electricity safety management scheme which is to apply in respect of a supply network which is in operation at the time of the determination if—
(a) the major electricity company fails to submit an electricity safety management scheme for the supply network in accordance with this Division; or
(b) Energy Safe Victoria has decided not to accept an electricity safety management scheme for the supply network.
(2) If Energy Safe Victoria determines the electricity safety management scheme to apply to a supply network under this section, Energy Safe Victoria must give notice in writing to the major electricity company of that determination.
(3) On notice being given to the major electricity company under subsection (2), the electricity safety management scheme determined by Energy Safe Victoria is deemed for the purposes of this Act to be the accepted ESMS for the supply network to which it applies.
(4) Nothing in subsection (3) prevents a major electricity company from submitting an electricity safety management scheme or a revised electricity safety management scheme for a supply network to Energy Safe Victoria for acceptance under this Division.
(1) A major electricity company must not commence to commission, or operate, a supply network unless an electricity safety management scheme for that supply network has been accepted or provisionally accepted under this Division.
Penalty: In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(2) A major electricity company must comply with the accepted ESMS for a supply network.
Penalty: In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(3) A major electricity company must comply with the accepted ESMS for a supply network in relation to the removal, dismantling or decommissioning of the supply network.
Penalty: In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
(4) A major electricity company must not—
(a) undertake or permit a modification of a supply network that has the potential to significantly increase the overall levels of risk to the safety of any person or property arising from the supply network; or
(b) undertake or permit a modification of a supply network that has the potential to significantly influence the level of specific risk to the safety of any person or property arising from the supply network or the ranking of risk contributing factors; or
(c) make or permit a significant change to the safety management system in relation to the supply network—
unless Energy Safe Victoria has accepted a revision of the accepted ESMS in relation to that matter for that supply network.
Penalty: In the case of a natural person, 300 penalty units;
In the case of a body corporate, 1500 penalty units.
A major electricity company must submit a revised electricity safety management scheme to Energy Safe Victoria if—
(a) developments in technical knowledge or the assessment of hazards relevant to the supply network make it appropriate to revise the accepted ESMS; or
(b) a proposed modification to the supply network will result in a significant increase in the overall level of risk to the safety of any person or property arising from the supply network; or
(c) a proposed modification to the work practices covered by the accepted ESMS will result in a significant increase in the overall levels of risk to the safety of any person or property arising from the supply network; or
(d) the major electricity company proposes to make a significant change to the accepted ESMS.
A major electricity company must submit a revised electricity safety management scheme to Energy Safe Victoria at the end of each period of 5 years commencing on the later of—
(a) the date when the accepted ESMS is first accepted; or
(b) the date of the most recent acceptance of a revision of the accepted ESMS submitted under this Division.
Penalty: In the case of a natural person, 80 penalty units;
In the case of a body corporate, 400 penalty units.
(1) Energy Safe Victoria may at any time request a major electricity company to submit a revised electricity safety management scheme for a supply network of the major electricity company.
(2) The request must—
(a) be in writing; and
(b) set out—
(i) the matters to be addressed by the required revision; and
(ii) the proposed date of effect of the revision; and
(iii) the grounds for the request.
(3) The major electricity company to whom the request is given may make a submission to Energy Safe Victoria on all or any of the following grounds—
(a) that the revision should not occur;
(b) that the revision should be in different terms from the proposed terms;
(c) that the revision should take effect on a later date than the proposed date of effect.
(4) The submission must—
(a) be in writing; and
(b) state the major electricity company's reasons for the submission; and
(c) be made within 21 days, or such later period as Energy Safe Victoria allows, after the request is received.
(5) If a major electricity company makes a submission under this section, Energy Safe Victoria must decide—
(a) to accept the submission or part of the submission and vary or withdraw the request accordingly; or
(b) to reject the submission.
(6) Energy Safe Victoria must give the major electricity company notice in writing of its decision on the submission and the reasons for that decision.
If Energy Safe Victoria requests the revision of an electricity safety management scheme in accordance with section 109, the major electricity company must submit a revised electricity safety management scheme for a supply network to Energy Safe Victoria—
(a) if the major electricity company does not make a submission under that section, within the time (being not less than 60 days) specified by Energy Safe Victoria in the request; or
(b) if the major electricity company has made a submission under that section and Energy Safe Victoria has not withdrawn the request, within the time (being not less than 60 days) specified by Energy Safe Victoria in the decision on the submission.
Penalty: In the case of a natural person, 80 penalty units;
In the case of a body corporate, 400 penalty units.
Sections 100 to 105 apply to the revision of an electricity safety management scheme in the same manner as they apply to an electricity safety management scheme.
If Energy Safe Victoria accepts an electricity safety management scheme submitted under this Division, the relevant accepted ESMS operator is exempt from compliance with the provisions of the Electricity Safety (Network Assets) Regulations 1999 (S.R. No. 141/1999) relating to the design, construction, operation or maintenance of a supply network.
It is a defence to a prosecution of a person for an offence relating to a breach of a duty or obligation set out in Division 1 if the person has complied with the accepted ESMS in relation to that duty or obligation.
(1) Energy Safe Victoria may permit a person who is an employer of electrical workers to submit an electricity safety management scheme in respect of electrical work carried out by those workers for that person.
(2) An electricity safety management scheme submitted under this section must—
(a) be in writing; and
(b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the safety of electrical work to which the electricity safety management scheme applies; and
(c) be accompanied by the relevant prescribed application fee.
(3) Sections 100 to 104 apply to an electricity safety management scheme under this section—
(a) as if—
(i) a reference to a supply network were a reference to electrical work carried out by electrical workers; and
(ii) a reference to a major electricity company were a reference to the employer of the electrical workers carrying out electrical work; and
(iii) a reference to the design, construction, operation, maintenance and decommissioning of the supply network were a reference to the carrying out of electrical work by electrical workers; and
(iv) a reference to the safe operation of the supply network were a reference to the safe carrying out of electrical work by electrical workers; and
(b) with any other alterations or modifications that are necessary.
(1) Energy Safe Victoria may permit a person who is the occupier of specified premises to submit an electricity safety management scheme in respect of electrical work carried out at those premises by electrical workers employed or engaged by that person.
(2) An electricity safety management scheme submitted under this section must—
(a) be in writing; and
(b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the electrical work to which the electricity safety management scheme applies; and
(c) be accompanied by the relevant prescribed application fee.
(3) Sections 100 to 104 apply to an electricity safety management scheme under this section—
(a) as if—
(i) a reference to a supply network were a reference to electrical work carried out at specified premises; and
(ii) a reference to a major electricity company were a reference to the occupier of the specified premises at which electrical work is carried out; and
(iii) a reference to the design, construction, operation, maintenance and decommissioning of the supply network were a reference to the carrying out of electrical work at the specified premises; and
(iv) a reference to the safe operation of the supply network were a reference to the safe carrying out of electrical work at the specified premises; and
(b) with any other alterations or modifications that are necessary.
(1) Energy Safe Victoria may permit a network operator (other than a major electricity company) to submit an electricity safety management scheme in respect of the design, construction, operation, maintenance and decommissioning of the network operator's supply network.
(2) An electricity safety management scheme submitted under this section must—
(a) be in writing; and
(b) in accordance with the regulations, specify the safety management system being followed or to be followed in respect of the supply network to which the electricity safety management scheme applies; and
(c) be accompanied by the relevant prescribed application fee.
(3) Sections 100 to 104 apply to an electricity safety management scheme under this section as if any reference to a major electricity company were a reference to the network operator.
(1) If Energy Safe Victoria accepts an electricity safety management scheme submitted under section 114, Energy Safe Victoria may exempt any person authorised under the accepted ESMS to carry out a class or type of electrical work from compliance with any of the regulations relating to the carrying out of that class or type of electrical work or from compliance with section 44(2), 45(1), (2) or (3) or 45A.
(2) If Energy Safe Victoria accepts an electricity
safety management scheme submitted under section 115, Energy Safe Victoria may
exempt a person carrying out a specified class or type of electrical work on
the specified premises to which the accepted ESMS applies from compliance with
any of the regulations relating to the carrying out of that class or type of
work or from compliance with section 44(2), 45(1), (2) or (3) or 45A.
s.
7
(3) If Energy Safe Victoria accepts an electricity safety management scheme submitted under this Division, Energy Safe Victoria may exempt the network operator referred to in section 116 from compliance with any of the regulations relating to the installation and operation of electrical installations or supply networks.
(1) An employer of electrical workers must comply with an accepted ESMS that applies in respect of electrical work carried out by those workers for that person.
Penalty: In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
(2) A person who is an occupier of specified premises must comply with an accepted ESMS that applies in respect of electrical work carried out at the specified premises occupied by that person by electrical workers employed or engaged by that person.
Penalty: In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
(3) A network operator must comply with an accepted ESMS that applies in respect of that operator's supply network.
Penalty: In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
A voluntary ESMS operator must submit a revised electricity safety management scheme to Energy Safe Victoria at the end of each period of 5 years commencing on the later of—
(a) the date when the relevant electricity safety management scheme is first accepted; or
(b) the date of the most recent acceptance of a revision of the electricity safety management scheme submitted under this section.
Penalty: In the case of a natural person, 50 penalty units;
In the case of a body corporate, 250 penalty units.
A voluntary ESMS operator must submit a revised electricity safety management scheme to Energy Safe Victoria if—
(a) developments in technical knowledge or the assessment of hazards make it appropriate to revise the electricity safety management scheme; or
(b) a proposed modification to, as the case requires, the supply network or electrical installation will result in a significant increase in the overall levels of risk to the safety of any person or property arising from the supply network or electrical installation; or
(c) a proposed change to the electrical work to which the electricity safety management scheme applies will result in a significant increase in the overall levels of risk to the safety of any person or property arising from electricity; or
(d) the voluntary ESMS operator proposes to make a significant change to the accepted ESMS.
(1) Energy Safe Victoria may at any time request a voluntary ESMS operator to submit a revised electricity safety management scheme for—
(a) in the case of an employer of electrical workers—electrical work carried out by those workers for that person; or
(b) in the case of an occupier of specified premises— electrical work carried out at the specified premises occupied by that person by electrical workers employed or engaged by that person; or
(c) in the case of a network operator—a supply network.
(2) The request must—
(a) be in writing; and
(b) set out—
(i) the matters to be addressed by the required revision; and
(ii) the proposed date of effect of the revision; and
(iii) the grounds for the request.
A voluntary ESMS operator must comply with a request under section 120A within the time (being not less than 60 days) specified by Energy Safe Victoria in the request.
Penalty: In the case of a natural person, 80 penalty units;
In the case of a body corporate, 400 penalty units.
(1) If a voluntary ESMS operator fails to comply with section 119, 120, 120A or 120H, Energy Safe Victoria, by notice in writing to the operator, may determine that the relevant accepted ESMS applying to, as the case requires—
(a) electrical work carried out by electrical workers employed or engaged by that operator; or
(b) a supply network—
has lapsed.
(2) A voluntary ESMS operator may, by notice in writing to Energy Safe Victoria, withdraw an accepted ESMS applying to, as the case requires—
(a) the electrical work carried out by electrical workers employed or engaged by that operator; or
(b) the operator's supply network.
(3) If an accepted ESMS has lapsed or been withdrawn, any exemption granted under section 117 in respect of that electricity safety management scheme lapses.
An employer of electrical workers who carry out electrical work to which an accepted ESMS applies must manage the carrying out of that electrical work to minimise as far as practicable—
(a) the hazards and risks to safety of any person arising from electricity; and
(b) the hazards and risks to property arising from electricity.
Penalty: In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
The occupier of specified premises at which electrical work is carried out, and to which an accepted ESMS applies, must manage the carrying out of that electrical work at the specified premises to minimise as far as practicable—
(a) the hazards and risks to safety of any person arising from electricity; and
(b) the hazards and risks to property arising from electricity.
Penalty: In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
A network operator (other than a major electricity company) must, in respect of a supply network to which an accepted ESMS applies, manage that supply network to minimise as far as practicable—
(a) hazards and risks to the safety of any person arising from the supply network; and
(b) the hazards and risks of damage to property of any person arising from the supply network.
Penalty: In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
It is a defence to a prosecution of a person for an offence relating to a breach of a duty or obligation set out in section 75 or this Division if the person has complied with the accepted ESMS in relation to that duty or obligation.
(1) Energy Safe Victoria may require an accepted ESMS operator—
(a) to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the operator's compliance with the accepted ESMS that applies to, as the case requires—
(i) the electrical work carried out by electrical workers employed or engaged by that operator; or
(ii) the operator's supply network; and
(b) to forward a copy of each audit report to Energy Safe Victoria within a time specified by Energy Safe Victoria.
(2) The accepted ESMS operator must establish to the satisfaction of Energy Safe Victoria that each person undertaking an audit under this section has the necessary competence and ability and access to information on the operations of the accepted ESMS operator and the accepted ESMS to enable an independent audit to be carried out.
(3) If Energy Safe Victoria requires an accepted ESMS operator to obtain an independent audit under this section, the costs of that audit must be borne by the accepted ESMS operator.
(4) An accepted ESMS operator must comply with a requirement of Energy Safe Victoria under this section.
Penalty: 50 penalty units.
Energy Safe Victoria may conduct, or cause to be conducted, an audit, to determine whether or not an accepted ESMS operator is satisfactorily complying with the accepted ESMS that applies to, as the case requires—
(a) the electrical work carried out by electrical workers employed or engaged by that operator; or
(b) the operator's supply network.
An accepted ESMS operator must pay the relevant prescribed annual administration fee in accordance with the regulations.".