Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011

Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011

No. 59 of 2011

table of provisions

SectionPage

Part 1—Preliminary

1Purposes

2Commencement

Part 2—Amendments to the Electricity Safety Act1998

Division 1—Amendments relating to bushfire mitigation

3Division 1AA of Part 10 repealed

4General duty of major electricity companies

5Electricity safety management scheme

6Bushfire mitigation parts of initial accepted ESMS lapse by certain date

7Submission of bushfire mitigation plans for acceptance

8Compliance with bushfire mitigation plan

9Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans

10Accepted bushfire mitigation plan forms part of accepted ESMS

11Compliance audits—independent audits

12Compliance audits—Energy Safe Victoria

Division 2—Other amendments to the Electricity Safety Act 1998

13New section 43A inserted

43ASafety of electrical installations—building work

14Failure to maintain lines

15Division 4 of Part 8 substituted and new Division 5 of Part 8 inserted

Division 4—Compliance audits in relation to compliance withthe Code

90ACompliance audits in relation to compliance with Code—Energy Safe Victoria

90BCompliance audits in relation to compliance with Code—independent audits

Division 5—Compliance audits in relation to compliance withthe management plan

90CApplication

90DCompliance audits for management plans—Energy SafeVictoria

90ECompliance audits for management plans—independentaudits

16Exemption from certain provisions of Act or regulations

17Powers of entry—enforcement

18Section 130 substituted

130Occupier to be given copy of acknowledgement

19Search warrant

20New section 141AC inserted

141ACDirector may give directions to preserve, retain or
store

21New section 148A inserted

148APeriod within which proceedings for offences may be brought

22Statute law revision

23New section 166 inserted

166Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters)Act 2011

Part 3—Amendments to the Victorian Energy Efficiency Target Act 2007

24Suspension of accreditation

25New sections 14A to 14C inserted

14ASuspension or revocation of accreditation

14BESC may impose conditions at end of suspension

14CRequest to cancel accreditation

26New section 19A inserted

19ACompliance audits relating to creation of certificates

27Offences relating to creation of certificates

28Certificates must be registered

29ESC may require surrender of certificates if certificates improperly created

30New section 40A inserted

40AESC may give warning or impose condition

31Review of decisions

32New section 70A inserted

70AProceedings for offences

33Records to be kept by accredited persons and relevant entities

Part 4—Amendments to the Electricity Industry Act 2000

34Compensation for wrongful disconnection

Part 5—Amendments to the Gas Safety Act 1997

35Offence to supply or sell unaccepted or unlabelled appliances

36Powers of entry—enforcement

37Section 95 substituted

95Occupier to be given copy of acknowledgement

38Search warrant

39Period within which proceedings for offences may be brought

40New section 128 inserted

128Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters)Act 2011

Part 6—Amendments to the Gas Industry Act 2001

41Compensation for wrongful disconnection

42Statute law revision

Part 7—Repeal of Amending Act

43Repeal of this Act

═══════════════

Endnotes

SectionPage

Victoria

SectionPage

Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011[†]

No. 59 of 2011

[Assented to 8 November 2011]

Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011
No. 59 of 2011

571076B.I-13/9/2011BILL LA INTRODUCTION 13/9/2011

Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011
No. 59 of 2011

The Parliament of Victoriaenacts:

571076B.I-13/9/2011BILL LA INTRODUCTION 13/9/2011

Part 7—Repeal of Amending Act

Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011
No. 59 of 2011

Part 1—Preliminary

1Purposes

The main purposes of this Act are—

(a)toamend the Electricity Safety Act 1998—

(i) to extend application of bushfire mitigation plans prepared by major electricity companies from the at-risk supply network to the supply network; and

(ii)tocreate an offence for carrying out building work that will make a building electrically unsafe; and

s. 1

(iii)tomake further provision for compliance audits; and

(iv)toenable seizure of items under powers of entry; and

(v)to set out procedures for obtaining an occupier's consent to entry to, search of and seizure from a residence; and

(vi) toprovide for prosecutions to commence within 3 years after the commission of an offence; and

(vii) tomake other amendments to improve the operation of the Act; and

(b)toamend the Victorian Energy Efficiency Target Act 2007—

(i) tocreate an offence of knowingly creating an incorrect certificate or a certificate that does not comply with the requirements of the Act; and

(ii)toclarify the circumstances in which the Essential Services Commission may refuse to register a certificate; and

(iii)toexpand the grounds for suspension of accreditation, and enable the Essential Services Commission to revoke accreditation; and

(iv)toprovide for additional enforcement mechanisms; and

(v) tomake necessary minor and consequential amendments; and

(c)toamend the Electricity Industry Act 2000 to cap wrongful disconnection payments in certain circumstances; and

(d)toamend the Gas Safety Act 1997—

(i) toenable seizure of items under powers of entry; and

(ii)to set out procedures for obtaining an occupier's consentto entry to, search of and seizure from a residence; and

(iii) tomake other minor amendments to improve the operation of the Act; and

(e) toamend the Gas Industry Act 2001 to cap wrongful disconnection payments in certain circumstances.

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 30 September 2012, it comes into operation on that day.

______

Part 2—Amendments to the Electricity Safety Act 1998

Division 1—Amendments relating to bushfire mitigation

3Division 1AA of Part 10 repealed

See:
Act No.
25/1998.
Reprint No. 5
as at
21 August 2008
and amending
Act Nos
61/2007, 25/2008, 59/2008, 57/2009, 6/2010 and 55/2010.
LawToday:
www.
legislation.
vic.gov.au

s. 3

Division 1AA of Part 10 of the Electricity Safety Act 1998 is repealed.

4General duty of major electricity companies

For section 98(c) of the Electricity Safety Act 1998 substitute—

"(c)the bushfire danger arising from the supply network.".

5Electricity safety management scheme

In section 99(2A) of the Electricity Safety Act 1998omit "at-risk".

6Bushfire mitigation parts of initial accepted ESMS lapse by certain date

In section 105A of the Electricity Safety Act 1998omit "at-risk".

7Submission of bushfire mitigation plans for acceptance

In section 113A(1) of the Electricity Safety Act 1998omit "at-risk".

8Compliance with bushfire mitigation plan

s. 8

(1)In section 113B(1) of the Electricity Safety Act 1998—

(a)for "an at-risk supply network" substitute "asupply network";

(b)for"at-risk electric lines" substitute "supplynetwork".

(2)In section 113B(2) of the Electricity Safety Act 1998omit "at-risk".

(3)In section 113B(4) and (5) of the Electricity Safety Act 1998omit "at-risk" (where twice occurring).

9Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans

In section 113C(a)(ii) of the Electricity Safety Act 1998, for "an at-risk supply network" substitute "a supply network".

10Accepted bushfire mitigation plan forms part of accepted ESMS

In section 113D(1) of the Electricity Safety Act 1998omit "at-risk".

11Compliance audits—independent audits

In section 120H(1)(a)(ii) of the Electricity Safety Act 1998omit "(including the operator's at-risk supply network)".

12Compliance audits—Energy Safe Victoria

In section 120I(b) of the Electricity Safety Act 1998omit "(including the operator's at-risk supply network)".

Division 2—Other amendments to the Electricity Safety Act 1998

13New section 43A inserted

s. 13

After section 43 of the Electricity Safety Act 1998insert—

"43A Safety of electrical installations—building work

(1)A person must not carry out building work at a premises which the person knows or should reasonably be expected to know willmake—

(a)an electrical installationat the premises unsafe; or

(b)a building at the premises unsafeif that premises is supplied with electricity.

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

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

(2)In this section—

building work has the same meaning as in the Building Act 1993.".

14Failure to maintain lines

(1)After section 86(2) of the Electricity Safety Act 1998 insert—

"(2A) Despite subsection (2),a relevant transmission company or a relevant distribution company is not required to obtain a permit pursuant to the Planning and Environment Act 1987 in respect of any action necessary to comply with a notice in writing under subsection (1) if the action is carried out in accordance with the Code.".

(2)After section 86(8) of the Electricity Safety Act 1998 insert—

"(8A) Despitethe provisions of any other Act, if a transmission company is the responsible person under section 84(5), the relevant transmission company is not required to obtain any permit under any other Act in respect of any action necessary to keep the whole or any part of a tree clear of an electric line if the action is carried out in accordance with the Code.".

15Division 4 of Part 8 substituted and new Division 5 of Part 8 inserted

s. 15

For Division 4 of Part 8 of the Electricity Safety Act 1998 substitute—

"Division 4—Compliance audits in relation to compliance with the Code

90ACompliance audits in relation to compliance with Code—Energy Safe Victoria

(1)Energy Safe Victoria may conduct, or cause to be conducted, an audit to determine whether or not a responsible person is satisfactorily complying with the Code.

(2)In subsection (1) responsible person means a person referred to in section 84.

90BCompliance audits in relation to compliance with Code—independent audits

s. 15

(1)Energy Safe Victoria may require a responsible person—

(a)to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the person's compliance with the Code; and

(b)to forward a copy of each audit report to Energy Safe Victoria within a time specified by Energy Safe Victoria.

(2)The responsible person 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 responsible person to enable an independent audit to be carried out.

(3)If Energy Safe Victoria requires a responsible person to obtain an independent audit under this section, the costs of that audit must be borne by the responsible person.

(4)A responsible person must comply with a requirement of Energy Safe Victoria under this section.

Penalty:200 penalty units.

(5)In this section, responsible person means a person referred to in section 84(4), (5), (6) or(7).

Division 5—Compliance audits in relation to compliancewith the management plan

90CApplication

s. 15

(1)This Division applies to a responsible person who is required by the regulations to prepare a management plan relating to compliance with the Code.

(2)In subsection (1) responsible person means a person referred to in section 84(4), (5), (6) or(7).

90DCompliance audits for management plans—Energy Safe Victoria

Energy Safe Victoria may conduct, or cause to be conducted, an audit to determine whether or not a responsible person is satisfactorily complying with the management plan.

90ECompliance audits for management plans—independent audits

(1)Energy Safe Victoria may require a responsible person—

(a)to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the person's compliance with the management plan; and

(b)to forward a copy of each audit report to Energy Safe Victoria within a time specified by Energy Safe Victoria.

(3)If Energy Safe Victoria requires a responsible person to obtain an independent audit under this section, the costs of that audit must be borne by the responsible person.

(4)A responsible person must comply with a requirement of Energy Safe Victoria under this section.

Penalty:200 penalty units.".

16Exemption from certain provisions of Act or regulations

s. 16

After section 117(2) of the Electricity Safety Act 1998 insert—

"(2A) If Energy Safe Victoria accepts an electricity safety management scheme submitted under section 116, Energy Safe Victoria may exempt an owner of a complex electrical installationto which the accepted ESMS applies from compliance with any of the regulations relating to the operation, maintenance and decommissioning of the complex electrical installation or from compliance with section 44(2), 45(1), (2) or (3) or 45A.".

17Powers of entry—enforcement

(1)In section 129(1)(b) of the Electricity Safety Act 1998, after "search for" insert "and seize".

(2)In section 129(2) of the Electricity Safety Act 1998, for "enter land or premises" substitute "enter and search land or premises or seize any thing".

(3)After section 129(2) of the Electricity Safety Act 1998 insert—

s. 17

"(3)Before the occupier consents to entry and search of his or her residence under this section, the enforcement officer must inform the occupier—

(a)of the purpose of the search; and

(b) thatthe occupier may refuse to give consent to the entry and search or to the seizure of anything found during the search; and

(4)If the occupier consents to entry and search, the enforcement officer must ask the occupier to sign an acknowledgement stating—

(a)that the occupier has been informed of the purpose of the search and that anything seized in the search with the consent of the occupier may be used in evidence in proceedings; and

(b)that the occupier has been informed that he or she may refuse to give consent to the entry and search or to the seizure of anything; and

(c)that the occupier has consented to such an entry and search.

(5)If the occupier consents to the seizure of any thing during a search under this section, the enforcement officer must before seizing the thing ask the occupier to sign an acknowledgment stating that the occupier has consented to the seizure of the thing.".

18Section 130 substituted

s. 18

For section 130of the Electricity Safety Act 1998substitute—

"130 Occupier to be given copy of acknowledgement

(1)An occupier who signs an acknowledgement under section 129 must be given a copy of the signed acknowledgement immediately.

(2)If, in any proceeding, an acknowledgement is not produced to the court, it must be presumed, until the contrary is proved, that the occupier did not consent to the entry and search or to the seizure of the thing.".

19Search warrant

In section 131(3)(b) of the Electricity Safety Act 1998, after "search for" insert "and seize".

20New section 141AC inserted

After section 141AB of the Electricity Safety Act 1998 insert—

"141AC Director may give directionsto preserve, retain or store

(1)This section applies if the Director believes on reasonable grounds that—

(a)an electrical incident or an electricity emergency situation has occurred; or

(b)an unsafe electrical situation has occurred or may occur.

(2)The Director may, in writing, direct a relevant person to preserve, retain or storeany of the following that the Director considers may be relevant to the electrical incident, electricity emergency situation or unsafe electrical situation—

(a)electrical equipment;

(b)electrical installations or parts of electrical installations;

(c)supply networks or parts of supply networks.

(3)In this section, relevant person meansan owner of electrical equipment or an owner or operator of a supply network or an electrical installation.

(4)A person must comply with a direction under this section that applies to the person.

Penalty:In the case of a natural person, 50penalty units;

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

21New section 148A inserted

s. 21

After section 148 of the Electricity Safety Act 1998 insert—

"148A Period within which proceedings for offences may be brought

Despite anything to the contrary in any Act(other than the Charter of Human Rights and Responsibilities Act 2006),proceedings for an offence against this Act or the regulations may be commenced within the period of 3 years after the commission of the alleged offence.".

22Statute law revision

In section 155 of the Electricity Safety Act 1998 omit "(1)".

23New section 166 inserted

s. 23

After section 165 of the Electricity Safety Act 1998 insert—

"166 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011

(1)In this section—

commencement day means the day on which section 18 of the Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 comes into operation.

(2)In any proceeding commenced on or after the commencement day, section 130(2) as in force immediately before that commencement daycontinues to apply in respect of an entry and search conducted under section 129 before that commencement day.".

______

Part 3—Amendments to the Victorian Energy Efficiency Target Act 2007

24Suspension of accreditation

See:
Act No.
70/2007
and amending
Act Nos
23/2009, 55/2010 and 59/2010.
LawToday:
www.
legislation.
vic.gov.au

s. 24

(1)After section 14(3) of the Victorian Energy Efficiency Target Act 2007 insert—

"(3A) The ESC may, by written notice, suspend the accreditation of an accredited person if the ESC believes on reasonable grounds that the person has repeatedlybut unintentionally—

(a)created certificates that do notcomply with the requirements of thisAct or the regulations; or

(b)failed to comply with the requirements of this Act or the regulations relating to the recording or carrying out of prescribed activities.".

(2)In section 14(4) of the Victorian Energy Efficiency Target Act 2007, after "subsection(3)" insert "or (3A)".

25New sections 14A to 14C inserted

After section 14 of the Victorian Energy Efficiency Target Act 2007 insert—

"14A Suspension or revocation of accreditation

(1)The ESC may, by written notice, suspend or revokethe accreditation of an accredited person who has—

(a)breached a condition or restriction imposed under section 14B or 40A; or

(b) failed to comply with an order under section 40; or

(2) An accreditation that is suspended under subsection (1) is suspended for the period (not exceeding 2 years) that the ESC considers appropriate in all of the circumstances and specifies in the notice.

14BESC may impose conditions at end of suspension

If the ESC suspends the accreditation of an accredited person under section 14 or 14A, at the end of the period of suspension the ESC may impose a condition or restriction on the person's accreditation.

14CRequest to cancel accreditation

(1)An accredited person may, by written notice, request the ESC to cancel the person's accreditation.

(2)If the ESC cancels the person's accreditation, the cancellation takes effect—

(a) when the ESC notifies the person in writing of the cancellation; or

(b)ona date agreed by the ESC and the accredited person.".

26New section 19A inserted

s. 26

After section 19 of the Victorian Energy Efficiency Target Act 2007 insert—

"19A Compliance audits relating to creation of certificates

(1)The ESC may require an accredited person—

(a)to obtain, at the intervals determined by the ESC, independent audits of the person's compliance with the Act and the regulations in relation to certificates created by the person in the period specified by the ESC; and

(b)to forward a copy of each audit report to the ESC within a time specified by the ESC.

(2)An audit under subsection (1) must be conducted by an auditor approved by the ESC for the purposes of this section.

(3)If the ESC requires an accredited person to obtain an independent auditunder this section, the costs of that audit must beborne by the accredited person.".