Earth Resources Regulation Branch

PART A

Section 1 – Legislative Framework

Objectives
To provide a consistent, transparent and secure resource allocation (i.e. tenement administration) regime for the mineral, petroleum, extractive, geothermal and geo-sequestration industries.
To provide public health and safety, and environmental requirements, monitoring and enforcement to ensure that industry operations meet community expectations.
To ensure an efficient and effective regulatory regime.
Additional Administered Acts and Regulations
Extractive Industries (Lysterfield) Act 1986
Geothermal Energy Resources Act 2005
  • Geothermal Energy Resources Regulations 2006

Greenhouse Gas Geological Sequestration Act 2008
  • Greenhouse Gas Geological Sequestration Regulations 2009

  • Greenhouse Gas Geological Sequestration (Exemption) Regulations 2009

Mineral Resources (Sustainable Development) Act 1990
  • Mineral Resources (Sustainable Development) (Extractive Industries) Regulations 2010

  • Mineral Resources Development Regulations 2002

Mines (Aluminium Agreement) Act 1961
Petroleum Act 1998
  • Petroleum Regulations 2011

Offshore Petroleum and Greenhouse Gas Storage Act 2010
  • Offshore Petroleum and Greenhouse Gas Storage Regulations 2011

Pipelines Act 2005
  • Pipelines Regulations 2007

Underseas Mineral Resources Act 1963
Total number of Acts9
Total number of Regulations8
Statutory rules and other legislative instruments released for consultation in 2010-11 and 2011-12
Instrument
2010 / Submissions received
Businesses and business groups / Individuals and community groups
Mineral Resources (Sustainable Development) (Extractive Industry) Regulations 2010 / Not supplied / Not supplied
Petroleum Regulations 2011 / Not supplied / Not supplied
Other regulatory instruments and guidance materials
Codes of Practice / Legislated2
Not legislated0
Guidance publications available to stakeholders / Number59
FormHardcopy and electronic

Section 2 – Operational information

Public reporting of key performance indicators / Reported
Outcome measures for regulation / No
Outcome measures integrated into internal planning processes / Yes
Frequency of public reporting / No
External data sources/audit / No
Timeliness of regulatory processes / No
Number of key activities (e.g. returns processed, appeals considered etc.) / No
Allocation of resources across regulatory functions / No
Unit costs of key regulatory process / No
Measures of administrative burden on regulated entities (e.g. firms, professionals etc.) / No
Client satisfaction with regulator activities / No
Indicators compared with interstate or similar Victorian bodies / No
Quantitative evaluation reported for regulatory initiatives/projects / No
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies / No
Risk based enforcement strategy / Yes
Enforcement strategy is published[1] / No[2]
Timeliness of regulatory process
Type of activity / Legally binding time limit / Target time period for processing applications / Actual time to process applications[3] / Expected processing time advised to business
Miner’s right / No / No / Not available / No
Mineral exploration licence / No / 3 months / 3 months / No
Mining licence / No / 4 months / 4 months / No
Retention Licence / No / Not applicable / Not available / No
Prospecting Licence / No / Not applicable / Not available / No
Tourist fossicking authority / No / No / Not available / No
Work authority (extractives) / No / No / Not available / No
Petroleum exploration permit / No / 3 months / 3 months / No
Petroleum retention lease / No / 6 months / 6 months / No
Petroleum production licence / No / 8 months / 8 months / No
Special access authorisation / No / 6 weeks / 6 weeks / No
Special drilling authorisation / No / 6 weeks / 6 weeks / No
Gathering line / No / 6 weeks / 6 weeks / No
Access authority / No / 6 weeks / 6 weeks / No
Special prospecting authority / No / 6 weeks / 6 weeks / No
Infrastructure licence / No / None granted / Not applicable / Not applicable
Pipeline licence / No / 16 months / 16 months / No
Geothermal exploration permit / No / 4 months / 4 months / No
Geothermal retention lease / No / 6 months / 6 months / No
Geothermal extraction licence / No / 6 months / 6 months / No
Geosequestration exploration permit / No / None granted / Not applicable / Not applicable
Geosequestration retention lease / No / None granted / Not applicable / Not applicable
Geosequestration injection and monitoring licence / No / None granted / Not applicable / Not applicable
Greenhouse gas infrastructure line / No / None granted / Not applicable / Not applicable
Mineral or extractive work plan / Yes / 28 days / 28 days / Not applicable
On-line public access to information
On-line access to licensing and/or registration information / Partial
On-line change of address / No
On-line renewal of licences/permits etc. / No
On-line payment / No
On-line access to information on lodging complaints about regulated firms/professionals / No
Relationship with other agencies/regulators
Joint Authority with another agency (consultation purposes) / Yes
Formal agreement with other Victorian agency/regulator / Yes[4]
Formal agreement with Commonwealth agency/regulator / Yes[5]

Section 3 – Structure

Governance structure
Governing body / Internal unit of the Department of State Development and Business and Innovation (DSDBI)
Method of appointment / Not applicable
Number of members of governing body / Not applicable
Responsible Minister / Minister for Energy and Resources
Department supporting Minister / DSDBI
Composition
Composition of governing body legislated / No
Stakeholder representatives present on governing body / No
Ministerial Statement of Expectations
Publicly available ministerial statement of expectations / Yes
Date of agreement / 16 March 2012
Most recent review/revision / As above
Link /
Public reporting of performance against statement of expectations / No

Part B

Section 4 – Operational data

Enforcement activities

Operational activity

/

2009-10

/

2010-11

/

2011-12

Complaints about regulated firms/ professionals
  • Mining/extractive
/ 75 / 62 / 70
  • Petroleum
/ 8 / 7 / 0
Mandatory industry reported incidents/accidents
  • Mining/extractive
/ 2 / 47 / 25
  • Petroleum
/ 50 / 2 / 0
Investigations[6]
  • Mining/extractive
/ 2 / 1 / 3
  • Petroleum
/ 3 / 2 / 0
Disciplinary actions/prosecutions commenced[7]
  • Mining/extractive infringement notices
/ 1 / 22 / 12
  • Prosecutions
/ 0 / 0 / 0
  • Petroleum –audit notices
/ 2 / 0 / 0
  • Directions
/ 5 / 0 / 0
  • Prohibition/improvement notices
/ 2 / 0 / 0
  • Prosecutions
/ 0 / 0 / 0
Penalties imposed / 0 / 0 / 0
Other operational information

2009-10

/

2010-11

/

2011-12

No. of staff (EFT) / 50.2 / 45.5 / 45.8
No. of licensed/registered parties at financial year end / 1731 / 1754 / 1716
Revenue from licences/registration ($million) / 45.1 / 45.5 / 65.2
Total expenditure ($ million) / 9.63 / 9.29 / 9.18
Permits, licences, approvals, certification and registration activity
Type of activity / Duration/ frequency / Requirements
set by / Fees set by / Number issued/ renewed (2011-12) / Proportion lodged electronically
Miner’s right / Up to 10 years and not renewable / Act/Regulations / Regulations / 4157 / 74.3%
Mineral exploration licence / Up to 5 years and renewable / Act/Regulations / Regulations / 136 / Not available
Mining licence / Up to 20 years and renewable / Act/Regulations / Regulations / 33 / Not available
Retention Licence / Up to 10 years and renewable / Act/Regulation / Regulation / 0 / Not available
Prospecting Licence / Up to 5 years and not renewable / Act/Regulation / Regulation / 1 / Not available
Tourist fossicking authority / 2 years non-renewable / Act/Regulations / Regulations / 1 / Not available
Work authority (extractives) / Indefinite / Act/Regulations / Regulations / 19 / Not available
Petroleum exploration permit / Offshore – 6years and renewable for 5 / Act/ Regulations / Regulations / 0 / Not available
Onshore – 5years and renewable for 5 / 0 / Not available
Petroleum retention lease / Offshore – 5years and renewable for 5 / Act/ Regulations / Regulations / 1 / Not available
Onshore – 15years and not renewable / 0 / Not available
Petroleum production licence / Indefinite / Act/Regulations / Regulations / 0 / Not available
Special access authorisation / 1 year and can be extended for 1 year / Act/Regulations / Regulations / 1 / Not available
Special drilling authorisation / Not prescribed / Act/Regulations / Regulations / 0 / Not available
Gathering line / Not prescribed / Act/Regulations / Regulations / 0 / Not available
Special prospecting authority / Up to 180 days / Act/Regulations / Regulations / 0 / Not available
Access authority / As specified in authority and can be extended / Act/Regulations / Regulations / 0 / Not available
Infrastructure licence / Indefinite / Act/Regulations / Regulations / 0 / Not available
Pipeline licence / Indefinite / Act/Regulations / Regulations / 1 / Not available
Geothermal exploration permit / Up to 15 years and renewable / Act/Regulations / Regulations / 0 / Not available
Geothermal retention lease / Up to 15 years / Act/Regulations / Regulations / 0 / Not available
Geothermal extraction licence / Indefinite / Act/Regulations / Regulations / 0 / Not available
Geosequestration exploration permit / 5 years and renewable for 5 / Act/Regulations / Regulations / 0 / Not available
Geosequestration retention lease / 5 years and renewable for 5 / Act/Regulations / Regulations / 0 / Not available
Geosequestration injection and monitoring licence / Indefinite / Act/Regulations / Regulations / 0 / Not available
Greenhouse gas infrastructure line / Not prescribed / Act/Regulations / Regulations / 0 / Not available
Total / 4350

Contact details:

Earth Resources Regulation Branch

1 Spring Street

MELBOURNE VIC 3000

Phone:136 186

Internet:

Department of environment and primary industries – earth resources regulation branch1

Employment Information and Compliance Unit[8]

PART A

Section 1 – Legislative Framework

Objectives
To regulate the employment of children under the age of 15 years.
To administer workplace legislation in relation to long service leave.
Additional Administered Acts and Regulations
Child Employment Act 2003
  • Child Employment Regulations 2004

Long Service Leave Act 1992
Total number of Acts2
Total number of Regulations1
Other regulatory instruments and guidance materials
Codes of Practice / Legislated1[9]
Not legislated0
Guidance publications available to stakeholders / Number10[10]
Form / Hardcopy 9
Electronic1

Section 2 – Operational information

Public reporting of key performance indicators / Reported
Outcome measures for regulation / Yes
Outcome measures integrated into internal planning processes / Yes
Frequency of public reporting / No
External data sources/audit / No
Timeliness of regulatory processes / No
Number of key activities (e.g. returns processed, appeals considered etc.) / Yes[11]
Allocation of resources across regulatory functions / No
Unit costs of key regulatory process / No
Measures of administrative burden on regulated entities (e.g. firms, professionals etc.) / No
Client satisfaction with regulator activities / Yes
Indicators compared with interstate or similar Victorian bodies / No
Quantitative evaluation reported for regulatory initiatives/projects / No
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies / Yes[12]
Risk based enforcement strategy / Yes
Enforcement strategy is published / No
Timeliness of regulatory process
Type of activity / Legally binding time limit / Target time period for processing applications / Actual time to process applications / Expected processing time advised to business
Child employment permit / No / No / Varies[13] / Yes
On-line public access to information
On-line access to licensing and/or registration information / Yes
On-line change of address / No
On-line renewal of licences/permits etc. / Yes[14]
On-line payment / No
On-line access to information on lodging complaints about regulated firms/ professionals / No
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency / Yes[15]
Formal agreement with other Victorian agency/regulator / Yes[16]
Formal agreement with Commonwealth agency/regulator / No

Section 3 – Structure

Governance structure
Governing body / Internal unit of the Department of State Development, Business and Innovation
Method of appointment / Not applicable
Number of members of governing body / Not applicable
Responsible Minister / Minister for Employment and Trade has responsibility for the Child Employment Act 2003[17]
Minister for Industrial Relations has responsibility for the Long Service Leave Act 1992
Department supporting Minister / Department of State Development, Business and Innovation supports the Minister For Employment and Trade
Department of Treasury and Finance supports the Minister for Industrial Relations[18]
Composition
Composition of governing body legislated / No
Stakeholder representatives present on governing body / No
Ministerial Statement of Expectations
Publicly available ministerial statement of expectations / No

Part B

Section 4 – Operational data

Enforcement activities
Operational activity / 2009-10 / 2010-11 / 2011-12
Complaints about regulated firms/ professionals / 81 / 86 / 113
Investigations / 106 / 161 / 153
Disciplinary actions/prosecutions commenced / 7 / 5 / 2
Penalties imposed / 0 / 2 / 2
Other operational information
2009-10 / 2010-11 / 2011-12
No. of staff (EFT) / 10.4 / 12 / 12
No. of licensed/registered parties at financial year end / 5696 / 7326 / 7965
Revenue from licences/registration ($million) / 0 / 0 / 0
Total expenditure ($ million) / 1.154 / 1.285 / 1.015
Permits, licences, approvals, certification and registration activity
Type of activity / Duration/ frequency / Requirements
set by / Fees set by / Number issued/ renewed (2011-12) / Proportion lodged electronically
(%)
Child employment permit / Varies[19] / Act/ Regulations / No fee[20] / 7965 / 10

Contact details:

Employment Information and Compliance Unit

GPO Box 4509

MELBOURNE VIC 3001

Phone:1800 287 287

Internet:

Employment information and compliance unit1

Energy Safe Victoria

PART A

Section 1 – Legislative Framework

Objectives
To minimise injury, loss of life and damage to property due to electrical and gas causes.
To promote the prevention and mitigation of bushfire danger arising from electric lines and electrical installations.
To maximise compliance by all sectors of the electrical industry and other associated industries.
To administer minimum energy performance standards and energy efficiency labelling of gas and electrical appliances.
To administer gas and electricity safety standards.
To oversee safety of gas supply, principally through the assessment and compliance auditing of safety cases from each gas company.
To assess and accept gas appliances and electrical equipment.
To conduct public education with respect to gas and electrical safety issues.
To investigate events with implications for gas safety and electricity safety.
Enabling Acts and Regulations
Energy Safe Victoria Act 2005
Additional Administered Acts and Regulations
Electricity Industry Act 2000 (Part 6 emergency provisions only)
Electricity Safety Act 1998
  • Electricity Safety (Electric Line Clearance) Regulations 2010

  • Electricity Safety (Registration and Licensing) Regulations 2010

  • Electricity Safety (Equipment) Regulations 2009

  • Electricity Safety (Installations) Regulations 2009

  • Electricity Safety (Management) Regulations 2009

  • Electricity Safety (Cathodic Protection) Regulations 2009

  • Electricity Safety (Bushfire Mitigation) Regulations 2003[21]

Gas Industry Act 2001 (Part 9 emergency provisions only)
Gas Safety Act 1997
  • Gas Safety (Gas Quality) Regulations 2007

  • Gas Safety (Safety Case) Regulations 2008

  • Gas Safety (Gas Installation) Regulations 2008

Pipelines Act 2005 (Parts 8, 9 and 11)
  • Pipelines Regulations 2007 (Parts 5, 6 and 7)

Total number of Acts6
Total number of Regulations11
Statutory rules and other legislative instruments released for consultation in 2010-11 and 2011-12
Instrument / Submissions received
Businesses and business groups / Individuals and community groups
Electricity Safety (Bushfire Mitigation) Amendment Regulations 2011 / 1 / 0
Other regulatory instruments and guidance materials
Codes of Practice / Legislated2
Not legislated6[22]
Guidance publications available to stakeholders / Number40
FormHardcopy and electronic

Section 2 Operational information

Public reporting of key performance indicators / Reported
Outcome measures for regulation / Yes[23]
Outcome measures integrated into internal planning processes / Yes
Frequency of public reporting / Annually
External data sources/audit / Limited
Timeliness of regulatory processes / Yes
Number of key activities (e.g. returns processed, appeals considered etc.) / Yes[24]
Allocation of resources across regulatory functions / No
Unit costs of key regulatory process / No
Measures of administrative burden on regulated entities (e.g. firms, professionals etc.) / No[25]
Client satisfaction with regulator activities / Yes[26]
Indicators compared with interstate or similar Victorian bodies / No
Quantitative evaluation reported for regulatory initiatives/projects / No
Enforcement strategy
Related administration or enforcement functions undertaken by other bodies / Yes[27]
Risk based enforcement strategy / Yes
Enforcement strategy is published / Yes
Timeliness of regulatory process
Type of activity / Legally binding time limit / Target time period for processing applications / Actual time to process applications / Expected processing time advised to business
Approval to Install and operate a cathodic protection system / No / 2 days to 2months[28] / Same as target time. / If requested.
Approval to operate a safety management scheme / As expeditiously as possible / 3 months / Variable[29]. / Yes
Certificate of approval/ compliance / No / 20 working days / 5 working days / Yes
Electrician's licence / No / 7-10 working days / 10 / Yes
Supervised worker’s licence / No / 7-10 working days / 10 / Yes
Disconnect/reconnect licence / No / 7-10 working days[30] / 10 / Yes
Occupiers licences / No / 7-10 working days / 10 / Yes
Registration of electrical contractor / No / 7-10 working days / 10 / Yes
Electrical inspectors licence / No / 7-10 working days / 10 / Yes
Registration of equipment for energy efficiency / Yes[31] / 28 calendar days[32] / 5 working days / Yes
Acceptance of complex gas installation applications / No / 2 days / 1-2 days / Yes
Acceptance of Type B gas appliance applications / No / 14 days / 2-14 days / Yes
On-line public access to information
On-line access to licensing and/or registration information / Yes
On-line change of address / Yes
On-line renewal of licences/permits etc. / Yes
On-line payment / Yes
Online change/update requests in accordance with regulatory requirements / Yes
Online access to purchase, lodge and request inspection for compliance activities / Yes
On-line access to information on lodging complaints about regulated firms/ professionals / Yes
Relationship with other agencies/regulators
Acts/Regulations administered jointly with another agency / No
Formal agreement with other Victorian agency/regulator / Yes[33]
Formal agreement with Commonwealth agency/regulator / Yes[34]

Section 3 – Structure

Governance structure
Governing body / Director of Energy Safety
Method of appointment / By the Governor-in-Council on the recommendation of the Minister.
Number of members of governing body / 1
Responsible Minister / Minister for Energy and Resources
Department supporting Minister / Department of State Development, Business and Innovation
Composition
Composition of governing body legislated / Yes
Stakeholder representatives present on governing body / No
Ministerial Statement of Expectations
Publicly available ministerial statement of expectations / Yes
Date of agreement / 9 December 2011
Most recent review/revision / 9 December 2011
Link /
Public reporting of performance against statement of expectations / Yes (in Annual Report)

Part B

Section 4 – Operational data

Enforcement activities
Operational activity / 2009-10 / 2010-11 / 2011-12
Complaints about regulated firms/ professionals / 488 / 500 / 650
Investigations / 1231[35] / 988[36] / 1326[37]
Disciplinary actions/prosecutions commenced / 81[38] / 80[39] / 53[40]
Penalties imposed / $133 963[41] / $185 200[42] / $106 850[43]
Other operational information
2009-10 / 2010-11 / 2011-12
No. of staff (EFT) / 92.2 / 99.0 / 114.6
No. of licensed/ registered parties
(at financial year end)
  • Electrician licences
/ 28 675 / 30 072 / 31 511
  • Supervised workers licences
/ 1524 / 1417 / 1419
  • Disconnect/reconnect licences
/ 7698 / 7638 / 7425
  • Occupiers licences
/ 31 / 31 / 29
Revenue from licences/registration ($million) / 2.78 / 3,91 / 3,45
Total expenditure ($ million) / 21.41 / 29.34 / 29.09
Permits, licences, approvals, certification and registration activity
Type of activity / Duration/ frequency / Requirements set by / Fees set by / Number issued/ renewed 2011-12) / Proportion lodged electronically
Approval to Install and operate a cathodic protection system / Per installation / Regulations / Regulations / 372 / Not available
Approval to operate a safety management scheme / Per installation/ supply network / Act/ Regulations / Regulations / 3 / Not available
Certificate of approval/compliance / Up to 5 years / Act/ Regulations/Australian Standard / Regulations / 840 / 100%
Electrician's licence / 5 years / Act/ Regulations / Regulations / 7648 / 21%
Supervised worker’s licence / Up to 3 years / Act/ Regulations / Regulations / 237 / 0
Electrician (Supervised) / 5 years / Act/ Regulations / Regulations / 66 / 12%
Disconnect/reconnect licence / 5 years / Act/ Regulations / Regulations / 1363 / 3%
Occupiers licences / 5 years / Act/ Regulations / Regulations / 3 / 33%
Registration of electrical contractor / 5 years / Act/ Regulations / Regulations / 4095 / 28%
Electrical inspectors licence / 5 years / Act/ Regulations / Regulations / 37 / 11%
Registration of equipment for energy efficiency / Up to 5 years / Act/ Regulations / Regulations / 1439 / 100%
Acceptance of complex gas installation and Type B gas appliance applications / Per installation/ appliance / Act/ Regulations / Not applicable / 4387 / Not available
Total / 20 490

Contact details:

Energy Safe Victoria

PO Box 262

COLLINS STREET WEST VIC 8007

Phone:9203 9700

Email:

Internet:

Energy safe Victoria1

Environment Protection Authority Victoria

PART A

Section 1 – Legislative Framework

Objectives
Environment Protection Authority Victoria's vision is a healthy environment that supports a liveable and prosperous Victoria.
Enabling Acts and Regulations
Environment Protection Act 1970[44]
  • Environment Protection (Distribution of Landfill Levy) Regulations 2010

  • Environment Protection (Fees) Regulations 2012

  • Environment Protection (Industrial Waste Resource) Regulations 2009

  • Environment Protection (Scheduled Premises and Exemptions) Regulations 2007

  • Environment Protection (Vehicle Emissions) Regulations 2003

  • Environment Protection (Residential Noise) Regulations 2008

  • Environment Protection (Ships’ Ballast Water) Regulations 2006

  • Environment Protection (Environment and Resource Efficiency Plans) Regulations 2007

  • State Environment Protection Policy (Air Quality Management)

  • State Environment Protection Policy (Ambient Air Quality)

  • State Environment Protection Policy (Control of Music Noise from Public Premises)

  • State Environment Protection Policy (Control of Noise from Commerce, Industry and Trade)

  • State Environment Protection Policy (Groundwaters of Victoria)

  • State Environment Protection Policy (Prevention and Management of Contaminated Land)

  • State Environment Protection Policy (Waters of Victoria)

  • Industrial Waste Management Policy (Protection of the Ozone Layer)

  • Waste Management Policy (National Pollutant Inventory)

  • Industrial Waste Management Policy (Waste Acid Sulfate Soils)

  • Waste Management Policy (Movement of Controlled Waste between States and Territories)

  • Waste Management Policy (Solid Fuel Heating)

  • Waste Management Policy (Ships’ Ballast Water)

  • Waste Management Policy (Siting, Design and Management of Landfills)

  • Waste Management Policy (Used Packaging Materials)

Additional Administered Acts and Regulations
National Environment Protection Council (Victoria) Act 1995
Pollution of Waters by Oil and Noxious Substances Act 1986
  • Pollution of Waters by Oil and Noxious Substances Regulations 2012

Total number of Acts3
Total number of Regulations9
Statutory rules and other legislative instruments released for consultation in 2010-11 and 2011-12
Instrument / Submissions received
Businesses and business groups / Individuals and community groups
Environment Protection (Fees) Regulations 2012 / 6 / 0
Other regulatory instruments and guidance materials
Codes of Practice / LegislatedMany[45]
Not legislatedMany
Guidance publications available to stakeholders / NumberMany[46]
FormHardcopy and electronic

Section 2 – Operational information