Energy and Resources Legislation Amendment Bill 2009

Energy and Resources Legislation Amendment Bill 2009

table of provisions

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Part 1—Preliminary

1Purpose

2Commencement

Part 2—Amendment of Electricity Industry Act2000

3Internet publication and bill notification of licensee standing offers

Part 3—Amendment of Electricity Safety Act1998

4Definitions

5Electrical workers

6Section 67 repealed—proclaimed electrical equipment

7New section 68 substituted and new section 68A inserted

68Prescribed electrical equipment not to be supplied
unless registered and labelled

68AExemptions from energy efficiency

8Application to review

9New Heading to Part 7 inserted

10New section 75 substituted

75General duties of owners or operators of complex electrical installations and railways

11Regulations—safety management schemes

12Regulations—equipment efficiency

Part 4—Amendment of Electricity Safety Amendment Act2007

13Definitions

14Section 5 amended

15Section 6 repealed

16Voluntary electricity safety management schemes for owner
of complex electrical installations

Part 5—Amendment of Gas Industry Act 2001

17Internet publication and bill notification of licensee standing offers

18Definitions

Part 6—Amendment of Gas Safety Act 1997

19New section 68AA inserted

68AADefinition

20New section 69B inserted

69BApproval of label for Type A appliances

21Offence to install certain Type A appliances

22Offence to supply or sell unaccepted appliances

Part 7—Amendment of Mineral Resources (Sustainable Development) Act 1990

23Definitions

24New section 7C inserted

7CMinisterial Order declaring specified mines and
quarries

25New Division 9 inserted into Part 2

Division 9—Mine stability levy for Latrobe Valley

38AAADefinitions

38AABMine stability levy imposed

38AACWho is liable for mine stability levy?

38AADAmount of the mine stability levy

38AAEWhen and how is the mine stability levy to be paid?

26Work plans

27New sections 41AB to 41AE inserted

41ABReporting requirements for declared mines

41ACChief Inspector to be notified of reportable events
in relation to mines

41ADLicensee to submit area plan work schedule

41AEVariation application must be made if mine is
declared

28Planning permits not required for some work variations

29Commencement of work under exploration licence

30New section 116A inserted

116AHolder of extractive industry work authority or
consent to supply information

31Delegation

32Regulations

Part 8—Amendment of Resources Industry Legislation Amendment Act 2009

33Work plans

34New proposed sections 77KA and 77KB inserted

77KAChief Inspector to be notified of reportable events in relation to quarries

77KBVariation application must be made if quarry is
declared

Part 9—Amendment of Petroleum Act 1998

35Definitions

36Meaning of gathering line

37New Part 6A inserted

Part 6A—Special drilling authorisations

95ASpecial drilling authorisation

95BApplication for special drilling authorisation

95CGeneral criteria the Minister must consider

95DCriteria that apply to permit, lease and licence areas

95EException to section 95D

95FMinister may vary area to which authorisation applies

95GAuthorisation does not give exclusive rights

95HTerm of authorisation

95IExisting permit, lease or licence holder not liable for actions of authorisation holder

95JAuthorisation holder must give data to the Minister

95KAuthorisation holder must give data to permit, lease
or licence holder

38Transfers

39New section 107A inserted

107ATransfers in relation to special drilling authorisations

40Partial transfer of permits and licences

41New sections 113A and 113B inserted

113ASpecial drilling authorisation suspended or cancelled
if primary authorisation suspended or cancelled

113BSpecial drilling authorisation expires or is terminated
if primary authorisation expires or is terminated

Part 10—Consequential Amendments and Repeal
of Amending Act

Division 1—Consequential amendments

42Aboriginal Heritage Act 2006

43Savings provision for Electricity Safety Act 1998

165Savings provision—proclaimed electrical equipment

Division 2—Repeal of amending Act

44Repeal of amending Act

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Endnotes

1

561340B.I-12/8/2009BILL LA INTRODUCTION 12/8/2009

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Introduced in the Assembly

Energy and Resources Legislation Amendment Bill 2009

1

561340B.I-12/8/2009BILL LA INTRODUCTION 12/8/2009

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A Bill for an Act to amend the Electricity Industry Act 2000, the Electricity Safety Act 1998, the Electricity Safety Amendment Act 2007, the Gas Industry Act 2001, the Gas Safety Act 1997, the Mineral Resources (Sustainable Development) Act 1990, the Resources Industry Legislation Amendment Act 2009, the Petroleum Act 1998, the Aboriginal Heritage Act 2006and for other purposes.

1

561340B.I-12/8/2009BILL LA INTRODUCTION 12/8/2009

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1

561340B.I-12/8/2009BILL LA INTRODUCTION 12/8/2009

Energy and Resources Legislation Amendment Bill 2009

1

561340B.I-12/8/2009BILL LA INTRODUCTION 12/8/2009

Energy and Resources Legislation Amendment Bill 2009

The Parliament of Victoriaenacts:

1

561340B.I-12/8/2009BILL LA INTRODUCTION 12/8/2009

Part 10—Consequential Amendments and Repeal of Amending Act

Energy and Resources Legislation Amendment Bill 2009

Part 1—Preliminary

1Purpose

The main purpose of this Act is to amend—

(a)the Electricity Industry Act 2000to make further provision for notifications of standing offers to domestic or small business customers; and

(b)the Electricity Safety Act 1998—

(i)to provide for equipment to be prescribed under Part 5 rather than be proclaimed; and

(ii)to empower Energy Safe Victoria to exempt a person from compliance with the equipment efficiency regulations; and

(c)the Electricity Safety Act 1998andElectricity Safety Amendment Act 2007 to make further provision in relation to electricity safety management schemes; and

(d) the Gas Industry Act 2001 to make further provision for notifications of standing offers to domestic or small business customers; and

(e) the Gas Safety Act 1997 to provide for a system of labelling Type A appliances that are accepted under Division 5 of Part 3 of that Act; and

(f) the Mineral Resources (Sustainable Development) Act 1990and theResources Industry Legislation Amendment Act 2009—

s. 1

(i)to provide for certain work plans to be approved as area work plans; and

(ii)to impose a levy in relation to certain mines; and

(iii)to provide for risk management requirements for declared mines and declared quarries; and

(iv)to provide for reporting and notification requirements for mines and quarries; and

(g) the Petroleum Act 1998 to provide for the granting of special drilling authorisations to holders of exploration permits, retention leases or production licences and leases, licences and permits under that Act and the Petroleum (Submerged Lands) Act 1982.

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 1 September 2010, it comes into operation on that day.

______

Part 2—Amendmentof Electricity Industry Act2000

3Internet publication and bill notification of licensee standing offers

s. 3

See:
Act No.
68/2000.
Reprint No. 5
as at
1 July 2009.
LawToday:
www.
legislation.
vic.gov.au

In section 35C(1)(b) of the Electricity Industry Act 2000, after "that customer" insert "at any time before or".

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Part 3—Amendment of Electricity Safety Act1998

4Definitions

s. 4

See:
Act No.
25/1998.
Reprint No. 5
as at
21 August 2008
and amending
Act Nos
61/2007, 25/2008 and 59/2008.
LawToday:
www.
legislation.
vic.gov.au

In section 3 of the Electricity Safety Act 1998—

(a)insert the following definitions—

"complex electrical installation means an electrical installation that—

(a)has an installed generation capacity of equal to or greater than 1000kVA; or

(b) is an electric line that is on land that is not owned or leased by the owner or operator of the electric line;

energy efficiency electrical equipmentmeans electrical equipment that is prescribed as energy efficiency electrical equipment for the purposes of Part5;

major electricity company means—

(a) a distribution company; or

(b)a transmission company—

but does not include a distribution company or a transmission company, or a class of distribution company or transmission company, declared under section3A not to be a major electricity company;";

(b)in the definition of electrical installation, after "any land" insert "but does not include a supply network that is owned or operated by a major electricity company";

(c)in the definition of practicable, for "sections111 and 119" substitute "Part 10";

(d) in the definition of supply networkomit "generators," and "generation,";

(e) the definition of network operatoris repealed;

(f)the definition of upstream network is repealed.

5Electrical workers

s. 5

In section 38(e) of the Electricity Safety Act 1998 , for "electricity safety management scheme" substitute "ESMS".

6Section 67 repealed—proclaimed electrical equipment

Section 67 of the Electricity Safety Act 1998 is repealed.

7New section 68 substitutedand new section 68A inserted

For section 68 of the Electricity Safety Act 1998substitute—

"68 Prescribed electrical equipment not to be supplied unless registered and labelled

(1)A person must not supply energy efficiency electrical equipment that is not registered and labelled in accordance with the regulations relating to energy efficiency unless an exemption under section 68A applies to that equipment.

Penalty: 50 penalty units.

(2)A person must not offer to supply energy efficiency electrical equipment that is not registered and labelled in accordance with the regulations relating to energy efficiency unless an exemption under section 68A applies to that equipment.

Penalty: 50 penalty units.

68AExemptions from energy efficiency

s. 7

(1)Energy Safe Victoria, on the application of a supplier of energy efficiency electrical equipment, or on its own initiative, mayexempt that equipment for the purposes of section68.

(2)An exemption mustbe published in the Government Gazette.

(3)An exemption may be subject to any conditions specified by Energy Safe Victoria in the exemption.

(4)An exemption takes effect on the day specified in the exemption.

(5) In the case of an application under subsection (1), the application must—

(a)be in writing; and

(b)contain details of—

(i)the applicant's name, telephone number, and business and postal address; and

(ii)the exemption requested; and

(iii) the reasons for the exemption; and

(c)be accompanied by—

(i)any relevant technical information; and

(ii) the prescribed application fee.

(6) Energy Safe Victoriamay, at any time, by notice published in the Government Gazette, revoke an exemption.

(7)As soon as is practicable after an exemption or revocation under this section is made, Energy Safe Victoria must notify the applicant in writing of the exemption or revocation.".

8Application to review

s. 8

(1)In section 69(2)(e)(i) of the Electricity Safety Act 1998 , for "proclaimed" substitute "energy efficiency".

(2) In section 69(2)(e)(ii) of the Electricity Safety Act 1998 , for "proclaimed electrical equipment." substitute "energy efficiency electrical equipment; or".

(3)After section 69(2)(e)(ii)of the Electricity Safety Act 1998 insert—

"(f) a decision under section 68A—

(i)to exempt energy efficiency electrical equipment from the regulations; or

(ii)to revoke an exemption.".

9New Heading to Part 7 inserted

Insert the following heading to Part 7 of the Electricity Safety Act 1998—

"Part 7—underground electric lines and Owners or operators of complex electrical installations".

10New section 75 substituted

s. 10

For section 75 of the Electricity Safety Act 1998 substitute—

"75 General duties of owners or operators of complex electrical installations and railways

(1)An owner or operator of a complex electrical installation must take reasonable care to ensure that all parts of the complex electrical installation that it owns or operates—

(a)are designed, constructed, operated, maintained and decommissioned in accordance with the regulations; and

(b)are safe and operated safely.

Penalty:1500 penalty units.

(2) An owner or operator of a railway must take reasonable care to ensure that all parts of the supply network of the railway that it owns or operates—

(a)are designed, constructed, operated, maintained and decommissioned in accordance with the regulations; and

(b)are safe and operated safely.

Penalty:1500 penalty units.".

11Regulations—safety management schemes

For section 150(d) of the Electricity Safety Act 1998 substitute—

"(d) providing for a compliance audit of an accepted ESMS;".

12Regulations—equipment efficiency

s. 12

(1)In section 154(a) of the Electricity Safety Act 1998 , for "proclaimed" substitute "energy efficiency".

(2) In section 154(b) of the Electricity Safety Act 1998, for "proclaimed" substitute "energy efficiency".

(3)In section 154(c) of the Electricity Safety Act 1998 , for "proclaimed" (wherever occurring) substitute "energy efficiency".

(4)In section 154(d) of the Electricity Safety Act 1998 , for "proclaimed" substitute "energy efficiency".

(5)In section 154(e) of the Electricity Safety Act 1998 , for "proclaimed" (wherever occurring) substitute "energy efficiency".

(6)In section 154(f) of the Electricity Safety Act 1998 ,for "proclaimed" substitute "energy efficiency".

______

Part 4—Amendment of Electricity Safety Amendment Act2007

13Definitions

s. 13

See:
Act No. 61/2007. Statute Book:

(1)In section 4(1) of the Electricity Safety Amendment Act 2007, the definitions of major electricity company, non-licensed distribution company, non-licensed transmission company, regulated distribution company andregulated transmission company proposed to be inserted into section 3 of the Electricity Safety Act 1998 arerepealed.

(2) Section 4(2) of the Electricity Safety Amendment Act 2007 is repealed.

14Section 5 amended

In section 5 of the Electricity Safety Amendment Act 2007, in proposed section 3A of the Electricity Safety Act 1998,omit"regulated" (wherever occurring).

15Section 6 repealed

Section 6 of the Electricity Safety Amendment Act 2007 is repealed.

16Voluntary electricity safety management schemes for owner of complex electrical installations

(1)In section 7 of the Electricity Safety Amendment Act 2007, in the heading to proposed section116 of the Electricity Safety Act 1998, for "network operator" substitute "owner of complex electrical installation".

(2)In section 7 of the Electricity Safety Amendment Act 2007, in proposed section116(1) of the Electricity Safety Act 1998—

(a)for "a network operator (other than a major electricity company)" substitute "an ownerof a complex electrical installation";

(b)for "the network operator's supply network" substitute "the owner's complex electrical installation".

(3)In section 7 of the Electricity Safety Amendment Act 2007, in proposed section116(3) of the Electricity Safety Act 1998, for "network operator" substitute "owner of the complex electrical installation".

(4) In section 7 of the Electricity Safety Amendment Act 2007, in proposed section 118(3) of the Electricity Safety Act 1998—

(a)for "A network operator" substitute "An owner of a complex electrical installation";

(b)for "operator's supply network" substitute "owner's complex electrical installation".

s. 16

(5) In section 7 of the Electricity Safety Amendment Act 2007, in proposed section120A(1)(c) of the Electricity Safety Act 1998—

(a)for "a network operator" substitute "an owner of a complex electrical installation";

(b)for "supply network" substitute "complex electrical installation".

(6) In section 7 of the Electricity Safety Amendment Act 2007, in proposed section 120C(1)(b) of the Electricity Safety Act 1998, for "supply network" substitute "complex electrical installation".

(7) In section 7 of the Electricity Safety Amendment Act 2007, in proposed section 120C(2)(b) of the Electricity Safety Act 1998, for "operator's supply network" substitute "owner's complex electrical installation".

(8) In section 7 of the Electricity Safety Amendment Act 2007, in the heading to proposed section 120F of the Electricity Safety Act 1998,for "network operator" substitute "owner of complex electrical installation".

(9) In section 7 of the Electricity Safety Amendment Act 2007, in proposed section 120F of the Electricity Safety Act 1998—

(a) for "A network operator (other than a major electrical company)" substitute "Anowner of a complex electrical installation";

(b)for "a supply network" substitute "the complex electrical installation";

(c) for "that supply network" substitute "that complex electrical installation".

(10) In section 7 of the Electricity Safety Amendment Act 2007, in proposed section 120F(a) of the Electricity Safety Act 1998, for "supply network" substitute "complex electrical installation".

s. 16

(11) In section 7 of the Electricity Safety Amendment Act 2007, in proposed section 120F(b) of the Electricity Safety Act 1998, for "supply network" substitute "complex electrical installation".

(12) In section 7 of the Electricity Safety Amendment Act 2007, in proposed section 120H(1)(a)(ii) of the Electricity Safety Act 1998, for "operator's supply network" substitute "owner's complex electrical installation".

(13) In section 7 of the Electricity Safety Amendment Act 2007, in proposed section 120I(b) of the Electricity Safety Act 1998, for "operator's supply network" substitute "owner's complex electrical installation".

______

Part 5—Amendmentof Gas Industry Act 2001

17Internet publication and bill notification of licensee standing offers

s. 17

See:
Act No. 31/2001.
Reprint No. 4 as at
1 July 2009. LawToday:

In section 42C(1)(b) of the Gas Industry Act 2001, after "that customer" insert "at any time before or".

18Definitions

In section 51A of the Gas Industry Act 2001,forthe definition of MIRN substitute—

"MIRN means the unique identifier for a gas metering installation allocated and registered under the Retail Market Procedures within the meaning of the National Gas (Victoria) Law;".

______

Part 6—Amendment of Gas Safety Act 1997

19New section 68AA inserted

s. 19

See:
Act No. 99/1997.
Reprint No. 3
as at
1 May 2008 and amending
Act Nos
59/2008 and 23/2009.
LawToday: www.
legislation.
vic.gov.au

In Division 5 of Part 3 of the Gas Safety Act 1997, beforesection 68 insert—

"68AA Definition

In this Division—

ESV approved label means a label approved by Energy Safe Victoria under section69B.".

20New section 69B inserted

After section 69A of the Gas Safety Act 1997insert—

"69B Approval of label for Type A appliances

Energy Safe Victoria may, by notice published in the Government Gazette, approve a label for the purposes of section 70(1) or 71(1).".

21Offence to install certain Type A appliances

For section 70(1) of the Gas Safety Act 1997substitute—

"(1)A person must not knowingly install a Type A appliance unless the appliance has—

(a)been accepted under an acceptance scheme authorised under this Division or accepted by Energy Safe Victoria under this Division; and

(b)an ESV approved label affixed to it.

Penalty:In the case of a natural person, 40penalty units.

In the case of a body corporate, 200penalty units.".

22Offence to supply or sell unaccepted appliances

s. 22

(1)Insert the following heading to section 71 of the Gas Safety Act 1997—

"Offence to supply or sell unaccepted or unlabelled appliances".

(2)For section 71(1) of the GasSafety Act 1997substitute—

"(1)A person must not knowingly supply or offer to supply or sell or offer to sell a Type A appliance unless the appliance has—

(a)been accepted under an acceptance scheme authorised under this Division or accepted by Energy Safe Victoria under this Division; and

(b)an ESVapproved label affixed to it.

Penalty:In the case of a natural person, 40penalty units;

In the case of a body corporate, 200penalty units.".

______

Part 7—AmendmentofMineral Resources (Sustainable Development) Act 1990

23Definitions

s. 23

See:
Act No.
92/1990.
Reprint No. 7
as at
9 February 2007
and amending
Act Nos 16/2006, 63/2006, 25/2008, 54/2008 and 6/2009. LawToday: www.
legislation.
vic.gov.au

In section 4(1) of the Mineral Resources (Sustainable Development) Act 1990 insert the following definitions—

"area work plan schedule means an area work plan schedule submitted under section41AD;

declared mine means a mine specified in an Order under section 7C;

declared quarry means a quarry specified in an Order under section 7C;".

24New section 7C inserted

After section 7B of the Mineral Resources (Sustainable Development) Act 1990 insert—

"7C Ministerial Order declaringspecified mines and quarries

(1)The Minister, by Order published in the Government Gazette, may declare that a specified mine or quarry is a declared mine or declared quarry.

(2)The Minister must not make a declaration under subsection (1) in respect of a mine or quarry unless the Minister is satisfied that there are geotechnical or hydrogeological factors within the mine or quarry thatpose a significant risk to—

(a)public safety; or

(b)the environment; or

(c)infrastructure.".

25New Division 9 inserted into Part 2

s. 25

After Division 8 of Part 2 of the Mineral Resources (Sustainable Development) Act 1990 insert—

"Division 9—Mine stability levy forLatrobeValley

38AAADefinitions

In this Division—

LatrobeValley region means the region constituted by the municipal boundaries of the Latrobe City Council and Wellington Shire Council;

LatrobeValley region coal minemeans a coal mine that—

(a)is prescribed for the purposes of the mine stability levy; and

(b)is situated within the LatrobeValley region;

mine stability levy means the levy referred to in section38AAB.

38AABMine stability levy imposed

This Division imposes a levy (the mine stability levy) for the purpose of providing measures designed to decrease geotechnical and hydrogeological risks to mine stability in the LatrobeValley region coal mines.

38AAC Who is liable for mine stability levy?

A holder of a mining licence in respect of a LatrobeValley region coal mine is liable to pay the Minister the mine stability levy.

38AAD Amount of the mine stability levy

The mine stability levy is the amount determined in accordance with the regulations.

38AAEWhen and how is the mine stability levy to be paid?

A holder of a mining licence in respect of a LatrobeValley region coal mine must pay the mine stability levy to the Minister by the date or dates and in the manner and in respect of the period specified under the regulations.".

26Work plans

s. 26

(1) After section 40(1) of the Mineral Resources (Sustainable Development) Act 1990 insert—

"(1AA) A work plan lodged under subsection (1) must—

(a)specify the location at which work is to be carried out; or

(b)if the exact location is not known, specify the area within which work is to be carried out.".