Electricity Safety Amendment (Bushfire Mitigation) Bill 2013
table of provisions
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1Purposes
2Commencement
3Principal Act
4Definitions
5Regulation of installation
6Insertion of headings
7Section 84 substituted and new sections 84A to 84D inserted
84Requirement to keep trees clear of electric lines—distribution companies
84ARequirement to maintain line—occupiers of land
with private or low voltage electric lines
84BRequirement to keep trees clear of private electric lines—occupiers of contiguous land
84CRequirement to keep trees clear of electric lines—Councils
84DRequirement to keep trees clear of electric lines—
other persons
8Amendments to change references to section 84
9Municipal fire prevention plans must specify procedures for
the identification of trees that are hazardous to electric lines
10Repeal of section 105A
11New section 112 inserted
112Revisions that do not relate to bushfire mitigation
12Submission of bushfire mitigation plans for acceptance
13Accepted bushfire mitigation plan forms part of accepted
ESMS
14Section 113E substituted
113ERevisions that only relate to bushfire mitigation
15Repeal of amending Act
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Endnotes
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571363B.I-12/11/2013BILL LA INTRODUCTION 12/11/2013
ClausePage
Introduced in the Assembly
Electricity Safety Amendment (Bushfire Mitigation) Bill 2013
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571363B.I-12/11/2013BILL LA INTRODUCTION 12/11/2013
ClausePage
A Bill for an Act to amend the Electricity Safety Act 1998 in relation to the mitigation of bushfire risks arising from electric lines and electricity networks and for other purposes.
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571363B.I-12/11/2013BILL LA INTRODUCTION 12/11/2013
ClausePage
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571363B.I-12/11/2013BILL LA INTRODUCTION 12/11/2013
Electricity Safety Amendment (Bushfire Mitigation) Bill 2013
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571363B.I-12/11/2013BILL LA INTRODUCTION 12/11/2013
Electricity Safety Amendment (Bushfire Mitigation) Bill 2013
The Parliament of Victoriaenacts:
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571363B.I-12/11/2013BILL LA INTRODUCTION 12/11/2013
Electricity Safety Amendment (Bushfire Mitigation) Bill 2013
1Purposes
The main purposes of this Act are to amend the Electricity Safety Act 1998—
(a) to provide that Councils which are managers of public land are responsible for keeping trees clear of electric lines in declared areas; and
(b) to remove the requirement for the Roads Corporation to keep trees clear of electric lines; and
(c) to modernise the provisions relating to requirements to keep trees clear of electric lines; and
(d) to reduce the frequency with which major electricity companies are required to submit bushfire mitigation plans.
2Commencement
s. 2
(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.
(2)If a provision of this Act does not come into operation before 29 June 2015 it comes into operation on that day.
3Principal Act
See:
Act No.
25/1998.
Reprint No. 6
as at
3 November 2011
and amending
Act Nos
59/2011, 43/2012, 22/2013 and 35/2013.
LawToday:
www.
legislation.
vic.gov.au
In this Act, the Electricity Safety Act 1998 is called the Principal Act.
4Definitions
In section 3 of the Principal Act—
(a)insert the following definition—
"Council has the same meaning as in the Local Government Act 1989;";
(b)in the definition of public land, for "municipal council" substitute "Council";
(c) in the definition of responsible person, for "section 84" substitute "Subdivision 1 of Division 2 of Part 8";
(d) in the definition of urban area, in paragraph (a), for "0·4 hectares" substitute "0·1 hectares".
5Regulation of installation
s. 5
In section 46(1)(a)(vi) of the Principal Act, for "municipal council" substitute "Council".
6Insertion of headings
(1)Before section 84 of the Principal Act insert—
"Subdivision 1—Persons responsible for maintaining lines".
(2)Before section 85 of the Principal Act insert—
"Subdivision 2—Other matters".
7Section 84 substituted and new sections 84A to 84D inserted
For section 84 of the Principal Act substitute—
"84 Requirement to keep trees clear of electric lines—distribution companies
A distribution company is responsible for the keeping of the whole or any part of a tree clear of an electric line within its distribution area unless under this Subdivision another person is responsible for—
(a)the maintenance of the line; or
(b)the keeping of the whole or any part of a tree clear of the line.
Note
Section 3 defines maintenance in relation to an electric line or a private electric line as including the keeping of the whole or any part of a tree clear of the line.
84A Requirement to maintain line—occupiers of land with private or low voltage electric lines
(1)An occupier of land above or below the surface of which there is a private electric line is responsible for the maintenance of that line.
Note
Section 3 defines maintenance in relation to a private electric line as including the keeping of the whole or any part of a tree clear of the line.
(2)An occupier of land on which there is a low voltage electric line which solely services that land is responsible for the keeping of the whole or any part of a tree situated on the land clear of that line.
84BRequirement to keep trees clear of private electric lines—occupiers of contiguous land
s. 7
(1)An occupier of land that is contiguous to land on which there is a private electric line is responsible for the keeping of the whole or any part of a tree situated on the occupier's land clear of the line.
(2)For the purposes of this section, the occupier may enter onto the land on which there is a private electric line and perform any acts necessary to keep a tree clear of the line.
84C Requirement to keep trees clear of electric lines—Councils
A Council responsible for the management of public land in an area of land declared under section 81 is responsible for the keeping of the whole or any part of a tree situated on that land clear of an electric line that is not a private electric line.
84D Requirement to keep trees clear of electric lines—other persons
A person (other than a distribution company) who owns or operates an electric line, or installs or uses an electric line under an Act of the Commonwealth, is responsible for the keeping of the whole or any part of a tree clear of the electric line.".
8Amendments to change references to section 84
s. 8
(1)In section 85(c) of the Principal Act, for "section 84(5) or (7)" substitute "section 84 or 84D".
(2) In section 86 of the Principal Act—
(a)in subsection (8), for "section 84(7)" substitute "section 84";
(b)in subsection (8A), for "section 84(5)" substitute "section 84D";
(c)in subsection (9)—
(i) for "section 84(4), (5) or (7)" substitute "section 84, 84C or 84D";
(ii)for "section 84" substitute "Subdivision 1";
(d)in subsection (9A)—
(i) for "section 84(4), 84(5) or 84(7)" substitute "section 84, 84C or 84D";
(ii)for "section 84" substitute "Subdivision 1".
(3)Section 90A(2) of the Principal Act is repealed.
(4)In sections 90B(5) and 90C(2) of the Principal Act, for "section 84(4), (5), (6) or (7)" substitute "section 84, 84C or 84D".
9Municipal fire prevention plans must specify procedures for the identification of trees that are hazardous to electric lines
s. 9
In section 86B of the Principal Act, for "municipal council" substitute "Council".
10Repeal of section 105A
Section 105A of the Principal Act is repealed.
11New section 112 inserted
After section 111 of the Principal Act insert—
"112 Revisions that do not relate to bushfire mitigation
(1)This section applies if—
(a)a major electricity company is required, or has been requested, to submit a revised electricity safety management scheme to Energy Safe Victoria under section 107 or 109; and
(b)the matter giving rise to that requirement or forming the basis of the request does not relate to that part of the scheme that is an accepted bushfire mitigation plan.
Note
See also section 113D(1).
(2)Despite anything to the contrary in this Division or Division 2A, the company is not required to submit to Energy Safe Victoria a revised bushfire mitigation plan as part of the revised electricity safety management scheme.".
12Submission of bushfire mitigation plans for acceptance
s. 12
(1)For section 113A(1) of the Principal Act substitute—
"(1)A major electricity company must prepare and submit to Energy Safe Victoria, for acceptance under this Division, a plan for the company's proposals for mitigation of bushfire in relation to the company's supply network at the end of each period of 5 years commencing on the later of—
(a)the date when the accepted bushfire mitigation plan is first accepted under this Division; or
(b)the date of the most recent acceptance of a revision of the accepted bushfire mitigation plan submitted 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)In section 113A(3) of the Principal Act, for "a copy of" substitute "the prescribed information about".
13Accepted bushfire mitigation plan forms part of accepted ESMS
s. 13
In section 113D(2) of the Principal Act, for "sections 106, 107, 109 and 110" substitute "sections 106 and 108".
14Section 113E substituted
For section 113E of the Principal Act substitute—
"113E Revisions that only relate to bushfire mitigation
(1)This section applies if a major electricity company is required, or has been requested, to submit a revised bushfire mitigation plan to Energy Safe Victoria under section 107 or 109.
Note
See also section 113D(1) and (2).
(2)Despite anything to the contrary in Division 2 or this Division, the company is only required to submit that revised plan.".
15Repeal of amending Act
This Act is repealed on 29 June 2016.
Note
The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).
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Electricity Safety Amendment (Bushfire Mitigation) Bill 2013
Endnotes
Endnotes
By Authority. Government Printer for the State of Victoria.
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571363B.I-12/11/2013BILL LA INTRODUCTION 12/11/2013