Energy and Resources Legislation Amendment Act
2009
No. 57 of 2009
TABLE OF PROVISIONS
Section
Page
PART 1—PRELIMINARY
1
2
1
Purpose
Commencement
1
3
PART 2—AMENDMENT OF ELECTRICITY INDUSTRY
ACT 2000
3
Internet publication and bill notification of licensee standing
offers
PART 3—AMENDMENT OF ELECTRICITY SAFETY ACT 1998
4
5
6
7
8
9
10
11
12
Definitions
Electrical workers
Section 67 repealed—proclaimed electrical equipment
New section 68 substituted and new section 68A inserted
68
Prescribed electrical equipment not to be supplied
unless registered and labelled
68A
Exemptions from energy efficiency
Application to review
New Heading to Part 7 inserted
New section 75 substituted
75
General duties of owners or operators of complex
electrical installations and railways
Regulations—safety management schemes
Regulations—equipment efficiency
PART 4—AMENDMENT OF ELECTRICITY SAFETY
AMENDMENT ACT 2007
13
14
15
16
Definitions
Section 5 amended
Section 6 repealed
Voluntary electricity safety management schemes for owner
of complex electrical installations
i
4
4
5
5
6
6
6
6
7
8
8
9
9
9
10
11
11
11
11
11
Section
Page
PART 5—AMENDMENT OF GAS INDUSTRY ACT 2001
17
18
Internet publication and bill notification of licensee standing
offers
Definitions
PART 6—AMENDMENT OF GAS SAFETY ACT 1997
19
20
21
22
New section 68AA inserted
68AA Definition
New section 69B inserted
69B
Approval of label for Type A appliances
Offence to install certain Type A appliances
Offence to supply or sell unaccepted appliances
PART 7—AMENDMENT OF MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990
23
24
25
26
27
28
29
30
31
32
14
14
14
15
15
15
15
15
15
16
17
Definitions
New section 7C inserted
7C
Ministerial Order declaring specified mines and
quarries
New Division 9 inserted into Part 2
17
17
Division 9—Mine stability levy for Latrobe Valley
18
38AAA Definitions
38AAB Mine stability levy imposed
38AAC Who is liable for mine stability levy?
38AAD Amount of the mine stability levy
38AAE When and how is the mine stability levy to be paid?
Work plans
New sections 41AB to 41AE inserted
41AB Reporting requirements for declared mines
41AC Chief Inspector to be notified of reportable events
in relation to mines
41AD Licensee to submit area plan work schedule
41AE Variation application must be made if mine is
declared
Planning permits not required for some work variations
Commencement of work under exploration licence
New section 116A inserted
116A Holder of extractive industry work authority or
consent to supply information
Delegation
Regulations
18
18
18
19
19
19
20
20
ii
17
18
20
20
21
21
22
22
22
23
23
Section
Page
PART 8—AMENDMENT OF RESOURCES INDUSTRY
LEGISLATION AMENDMENT ACT 2009
33
34
Work plans
New proposed sections 77KA and 77KB inserted
77KA Chief Inspector to be notified of reportable events in
relation to quarries
77KB Variation application must be made if quarry is
declared
PART 9—AMENDMENT OF PETROLEUM ACT 1998
35
36
37
38
39
40
41
24
24
24
24
25
26
Definitions
Meaning of gathering line
New Part 6A inserted
26
27
27
PART 6A—SPECIAL DRILLING AUTHORISATIONS
27
95A
95B
95C
95D
95E
95F
95G
95H
95I
27
28
29
29
29
30
30
31
Special drilling authorisation
Application for special drilling authorisation
General criteria the Minister must consider
Criteria that apply to permit, lease and licence areas
Exception to section 95D
Minister may vary area to which authorisation applies
Authorisation does not give exclusive rights
Term of authorisation
Existing permit, lease or licence holder not liable for
actions of authorisation holder
95J
Authorisation holder must give data to the Minister
95K
Authorisation holder must give data to permit, lease
or licence holder
Transfers
New section 107A inserted
107A Transfers in relation to special drilling authorisations
Partial transfer of permits and licences
New sections 113A and 113B inserted
113A Special drilling authorisation suspended or cancelled
if primary authorisation suspended or cancelled
113B Special drilling authorisation expires or is terminated
if primary authorisation expires or is terminated
32
32
32
33
33
33
34
34
34
35
PART 10—CONSEQUENTIAL AMENDMENTS AND REPEAL
OF AMENDING ACT
36
Division 1—Consequential amendments
36
42
43
Aboriginal Heritage Act 2006
Savings provision for Electricity Safety Act 1998
165
Savings provision—proclaimed electrical equipment
iii
36
36
36
Section
Page
Division 2—Repeal of amending Act
44
Repeal of amending Act
═══════════════
ENDNOTES
37
37
38
iv
Victoria
Energy and Resources Legislation
Amendment Act 2009†
No. 57 of 2009
[Assented to 21 October 2009]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1 Purpose
The main purpose of this Act is to amend—
(a) the Electricity Industry Act 2000 to make
further provision for notifications of standing
offers to domestic or small business
customers; and
1
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 1
Part 1—Preliminary
(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 1998 and
Electricity 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 1990 and the Resources
Industry Legislation Amendment Act
2009—
(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
2
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 1—Preliminary
(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.
2 Commencement
(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.
__________________
3
s. 2
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 3
Part 2—Amendment of Electricity Industry Act 2000
PART 2—AMENDMENT OF ELECTRICITY INDUSTRY
ACT 2000
3 Internet publication and bill notification of licensee
standing offers
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".
__________________
4
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 3—Amendment of Electricity Safety Act 1998
s. 4
PART 3—AMENDMENT OF ELECTRICITY SAFETY
ACT 1998
4 Definitions
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
1000 kVA; 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 equipment
means electrical equipment that is
prescribed as energy efficiency
electrical equipment for the purposes of
Part 5;
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
section 3A 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";
5
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
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 5
Part 3—Amendment of Electricity Safety Act 1998
(c) in the definition of practicable, for
"sections 111 and 119" substitute "Part 10";
(d) in the definition of supply network omit
"generators," and "generation,";
(e) the definition of network operator is
repealed;
(f) the definition of upstream network is
repealed.
5 Electrical workers
In section 38(e) of the Electricity Safety Act
1998, for "electricity safety management scheme"
substitute "ESMS".
6 Section 67 repealed—proclaimed electrical
equipment
Section 67 of the Electricity Safety Act 1998 is
repealed.
7 New section 68 substituted and new section 68A
inserted
For section 68 of the Electricity Safety Act 1998
substitute—
"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
6
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 3—Amendment of Electricity Safety Act 1998
unless an exemption under section 68A
applies to that equipment.
Penalty: 50 penalty units.
68A Exemptions from energy efficiency
(1) Energy Safe Victoria, on the application of a
supplier of energy efficiency electrical
equipment, or on its own initiative, may
exempt that equipment for the purposes of
section 68.
(2) An exemption must be 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 Victoria may, at any time, by
notice published in the Government Gazette,
revoke an exemption.
7
s. 7
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 8
Part 3—Amendment of Electricity Safety Act 1998
(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.".
8 Application to review
(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.".
9 New 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".
8
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 3—Amendment of Electricity Safety Act 1998
10 New section 75 substituted
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.".
11 Regulations—safety management schemes
For section 150(d) of the Electricity Safety Act
1998 substitute—
"(d) providing for a compliance audit of an
accepted ESMS;".
9
s. 10
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 12
Part 3—Amendment of Electricity Safety Act 1998
12 Regulations—equipment efficiency
(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".
__________________
10
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 4—Amendment of Electricity Safety Amendment Act 2007
s. 13
PART 4—AMENDMENT OF ELECTRICITY SAFETY
AMENDMENT ACT 2007
13 Definitions
(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 and regulated
transmission company proposed to be inserted
into section 3 of the Electricity Safety Act 1998
are repealed.
(2) Section 4(2) of the Electricity Safety
Amendment Act 2007 is repealed.
14 Section 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).
15 Section 6 repealed
Section 6 of the Electricity Safety Amendment
Act 2007 is repealed.
16 Voluntary 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 section 116 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 section
116(1) of the Electricity Safety Act 1998—
11
See:
Act No.
61/2007.
Statute Book:
www.
legislation.
vic.gov.au
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 16
Part 4—Amendment of Electricity Safety Amendment Act 2007
(a) for "a network operator (other than a major
electricity company)" substitute "an owner
of 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 section
116(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".
(5) In section 7 of the Electricity Safety
Amendment Act 2007, in proposed section
120A(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".
12
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 4—Amendment of Electricity Safety Amendment Act 2007
(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 "An owner
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".
(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".
__________________
13
s. 16
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 17
Part 5—Amendment of Gas Industry Act 2001
PART 5—AMENDMENT OF GAS INDUSTRY ACT 2001
17 Internet publication and bill notification of licensee
standing offers
See:
Act No.
31/2001.
Reprint No. 4
as at
1 July 2009.
LawToday:
www.
legislation.
vic.gov.au
In section 42C(1)(b) of the Gas Industry Act
2001, after "that customer" insert "at any time
before or".
18 Definitions
In section 51A of the Gas Industry Act 2001, for
the 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;".
__________________
14
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 6—Amendment of Gas Safety Act 1997
s. 19
PART 6—AMENDMENT OF GAS SAFETY ACT 1997
19 New section 68AA inserted
In Division 5 of Part 3 of the Gas Safety Act
1997, before section 68 insert—
"68AA Definition
In this Division—
ESV approved label means a label approved
by Energy Safe Victoria under
section 69B.".
20 New section 69B inserted
After section 69A of the Gas Safety Act 1997
insert—
"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).".
21 Offence to install certain Type A appliances
For section 70(1) of the Gas Safety Act 1997
substitute—
"(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
15
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
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 22
Part 6—Amendment of Gas Safety Act 1997
(b) an ESV approved label affixed to it.
Penalty: In the case of a natural person,
40 penalty units.
In the case of a body corporate,
200 penalty units.".
22 Offence to supply or sell unaccepted appliances
(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 Gas Safety Act 1997
substitute—
"(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 ESV approved label affixed to it.
Penalty: In the case of a natural person,
40 penalty units;
In the case of a body corporate,
200 penalty units.".
__________________
16
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 7—Amendment of Mineral Resources (Sustainable Development) Act
1990
s. 23
PART 7—AMENDMENT OF MINERAL RESOURCES
(SUSTAINABLE DEVELOPMENT) ACT 1990
23 Definitions
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
section 41AD;
declared mine means a mine specified in an Order
under section 7C;
declared quarry means a quarry specified in an
Order under section 7C;".
24 New section 7C inserted
After section 7B of the Mineral Resources
(Sustainable Development) Act 1990 insert—
"7C Ministerial Order declaring specified
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 that pose a
significant risk to—
(a) public safety; or
(b) the environment; or
(c) infrastructure.".
17
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
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 25
Part 7—Amendment of Mineral Resources (Sustainable Development) Act
1990
25 New Division 9 inserted into Part 2
After Division 8 of Part 2 of the Mineral
Resources (Sustainable Development) Act 1990
insert—
"Division 9—Mine stability levy for Latrobe
Valley
38AAA Definitions
In this Division—
Latrobe Valley region means the region
constituted by the municipal boundaries
of the Latrobe City Council and
Wellington Shire Council;
Latrobe Valley region coal mine means a
coal mine that—
(a) is prescribed for the purposes of
the mine stability levy; and
(b) is situated within the Latrobe
Valley region;
mine stability levy means the levy referred to
in section 38AAB.
38AAB Mine 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 Latrobe Valley region coal mines.
38AAC Who is liable for mine stability levy?
A holder of a mining licence in respect of a
Latrobe Valley region coal mine is liable to
pay the Minister the mine stability levy.
18
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 7—Amendment of Mineral Resources (Sustainable Development) Act
1990
38AAD Amount of the mine stability levy
The mine stability levy is the amount
determined in accordance with the
regulations.
38AAE When and how is the mine stability levy to
be paid?
A holder of a mining licence in respect of a
Latrobe Valley 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.".
26 Work plans
(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.".
(2) After section 40(3)(a) of the Mineral Resources
(Sustainable Development) Act 1990 insert—
"(ab) if the licence is a mining licence relating to a
declared mine, in addition to the prescribed
information referred to in paragraph (a),
prescribed mine stability requirements and
processes; and".
19
s. 26
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 27
Part 7—Amendment of Mineral Resources (Sustainable Development) Act
1990
27 New sections 41AB to 41AE inserted
After section 41A of the Mineral Resources
(Sustainable Development) Act 1990 insert—
"41AB Reporting requirements for declared
mines
A holder of a licence in respect of a declared
mine must provide a report containing the
prescribed particulars to the Department
Head in accordance with the regulations.
41AC Chief Inspector to be notified of
reportable events in relation to mines
(1) A licensee must report to the Chief Inspector
in accordance with the regulations a
reportable event at the mine as soon as
practicable after the reportable event occurs.
(2) In this section, reportable event means an
event prescribed as a reportable event for the
purposes of this section.
41AD Licensee to submit area plan work
schedule
(1) A licensee who has lodged an area work plan
must not carry out any work on the land to
which the area work plan relates unless the
licensee has submitted to the Department
Head, not less than 21 days before carrying
out that work, an area work plan schedule
containing the prescribed information in
relation to that work plan.
(2) If an approved cultural heritage management
plan (within the meaning of the Aboriginal
Heritage Act 2006) is required under that
Act or regulations made under that Act in
respect of work on land to which an area
work plan relates, an area work plan
schedule is taken not to have been submitted
20
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 7—Amendment of Mineral Resources (Sustainable Development) Act
1990
under subsection (1) unless the area work
plan schedule is accompanied by a copy of
the approved cultural heritage management
plan.
(3) An area work plan schedule that is required
to be submitted with a copy of an approved
cultural heritage management plan under
subsection (2) must be consistent with the
approved cultural heritage management plan.
(4) In this section, area work plan means a work
plan that has been—
(a) lodged under section 40(1AA)(b); and
(b) approved under section 40.
41AE Variation application must be made if
mine is declared
(1) If the Minister declares by Order under
section 7C that a specified mine is a declared
mine, the licensee in respect of the declared
mine, within 60 days after the declaration,
must make an application to vary the
approved work plan in respect of the
declared mine.
(2) The application must contain the prescribed
mine stability requirements and processes.
(3) Sections 41(2) to (9) apply to an application
lodged under this section.".
28 Planning permits not required for some work
variations
(1) In section 42A(2) of the Mineral Resources
(Sustainable Development) Act 1990, after
"that work" insert "only".
(2) In section 42A(2)(b) of the Mineral Resources
(Sustainable Development) Act 1990, for
"Minister" substitute "Department Head".
21
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Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 29
Part 7—Amendment of Mineral Resources (Sustainable Development) Act
1990
(3) In section 42A(3)(d) of the Mineral Resources
(Sustainable Development) Act 1990, for
"Minister" substitute "Department Head".
29 Commencement of work under exploration licence
After section 43(1)(a) of the Mineral Resources
(Sustainable Development) Act 1990 insert—
"(ab) in the case of an area work plan within the
meaning of section 41AD(4), the licensee
has submitted the relevant area work plan
schedule containing the prescribed
information to the Department Head not less
than 21 days before carrying out any work
on the land affected; and".
30 New section 116A inserted
After section 116 of the Mineral Resources
(Sustainable Development) Act 1990 insert—
"116A Holder of extractive industry work
authority or consent to supply
information
(1) The holder of an extractive industry work
authority must (in the prescribed form and at
the prescribed times) furnish to the Minister
the prescribed information relating to work
done under the extractive industry work
authority.
Penalty: 20 penalty units.
(2) The holder of a consent under section 77A
must (in the prescribed form and at the
prescribed times) furnish to the Minister the
prescribed information relating to any
surveys and other operations authorised by
the consent.
Penalty: 20 penalty units.
22
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 7—Amendment of Mineral Resources (Sustainable Development) Act
1990
(3) A document furnished under subsection (1)
or (2) is the property of the Crown and may
be made available by the Minister for
inspection by the public at any time after the
extractive industry work authority or consent
under section 77A ceases to be in force.".
31 Delegation
After section 120(2) of the Mineral Resources
(Sustainable Development) Act 1990 insert—
"(3) The Department Head may, by instrument,
delegate to any employee in the Department
any power or function the Department Head
has as a referral authority under the
Planning and Environment Act 1987 or
regulations under that Act.".
32 Regulations
After section 124(1)(l) of the Mineral Resources
(Sustainable Development) Act 1990 insert—
"(m) the method by which the amount of a mine
stability levy is determined; and
(n) the date by which the mine stability levy or a
part of the mine stability levy must be paid;
and
(o) the method by which the mine stability levy
or a part of the mine stability levy must be
paid; and
(oa) the period to which the mine stability levy
will relate; and
(ob) prescribing requirements for licensees or
holders of extractive industry work
authorites that relate to geotechnical or
hydrogeological risks to public safety, the
environment or infrastructure; and".
__________________
23
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Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 33
Part 8—Amendment of Resources Industry Legislation Amendment Act
2009
PART 8—AMENDMENT OF RESOURCES INDUSTRY
LEGISLATION AMENDMENT ACT 2009
33 Work plans
See:
Act No.
6/2009.
Statute Book:
www.
legislation.
vic.gov.au
In section 20 of the Resources Industry
Legislation Amendment Act 2009, after
proposed section 77G(3)(a) of the Mineral
Resources (Sustainable Development) Act 1990
insert—
"(ab) if the extractive industry work authority
relates to a declared quarry, in addition to the
prescribed information referred to in
paragraph (a), prescribed quarry stability
requirements and processes; and".
34 New proposed sections 77KA and 77KB inserted
In section 20 of the Resources Industry
Legislation Amendment Act 2009, after
proposed section 77K of the Mineral Resources
(Sustainable Development) Act 1990 insert—
"77KA Chief Inspector to be notified of
reportable events in relation to quarries
(1) The holder of an extractive industry work
authority who carries out an extractive
industry at a quarry must report to the Chief
Inspector in accordance with the regulations
a reportable event at the quarry as soon as
practicable after the reportable event occurs.
(2) In this section, reportable event means an
event prescribed as a reportable event for the
purposes of this section.
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Energy and Resources Legislation Amendment Act 2009
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Part 8—Amendment of Resources Industry Legislation Amendment Act
2009
77KB Variation application must be made if
quarry is declared
(1) If the Minister declares by Order under
section 7C that a specified quarry is a
declared quarry, the holder of an extractive
industry work authority in respect of the
declared quarry, within 60 days after the
declaration, must make an application to
vary the approved work plan in respect of the
declared quarry.
(2) The application must contain the prescribed
quarry stability requirements and processes.
(3) Sections 77H(2) to (8) apply to an
application lodged under this section.".
__________________
25
s. 34
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 35
Part 9—Amendment of Petroleum Act 1998
PART 9—AMENDMENT OF PETROLEUM ACT 1998
35 Definitions
See:
Act No.
96/1998.
Reprint No. 1
as at
18 September
2007
and
amending
Act No.
25/2008.
LawToday:
www.
legislation.
vic.gov.au
In section 4 of the Petroleum Act 1998—
(a) insert the following definitions—
"current authority holder means a holder of
a primary authorisation;
drilling authorisation area means the area
specified in a special drilling
authorisation granted under Part 6A;
primary authorisation means—
(a) an exploration permit; or
(b) a retention lease; or
(c) a production licence; or
(d) a P(SL)A lease; or
(e) a P(SL)A licence; or
(f) a P(SL)A permit;
P(SL)A lease means a lease within the
meaning of the Petroleum
(Submerged Lands) Act 1982;
P(SL)A licence means a licence within the
meaning of the Petroleum
(Submerged Lands) Act 1982;
P(SL)A permit means a permit within the
meaning of the Petroleum
(Submerged Lands) Act 1982;";
(b) in the definition of authority, for "or a
special access" substitute ", special access
authorisation or a special drilling".
26
Energy and Resources Legislation Amendment Act 2009
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Part 9—Amendment of Petroleum Act 1998
36 Meaning of gathering line
In section 82 of the Petroleum Act 1998—
(a) after "production licence area" insert
"or drilling authorisation area";
(b) after "that area" insert "or from a drilling
authorisation area to a production licence
area".
37 New Part 6A inserted
After Part 6 of the Petroleum Act 1998 insert—
"PART 6A—SPECIAL DRILLING
AUTHORISATIONS
95A Special drilling authorisation
(1) A special drilling authorisation authorises a
current authority holder to—
(a) in the case of the holder of an
exploration permit, retention lease,
P(SL)A permit or a P(SL)A lease—
(i) carry out petroleum exploration
operations in the drilling
authorisation area; and
(ii) do anything in the drilling
authorisation area that is necessary
for the purposes of
subparagraph (i);
(b) in the case of a holder of a production
licence or a P(SL)A licence—
(i) carry out petroleum production in
the area specified in the drilling
authorisation area; and
27
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Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 37
Part 9—Amendment of Petroleum Act 1998
(ii) do anything in the drilling
authorisation area that is necessary
for the purposes of
subparagraph (i).
(2) A special drilling authorisation does not give
a current authority holder any rights in
respect of resources in the drilling
authorisation area.
95B Application for special drilling
authorisation
(1) A current authority holder may apply to the
Minister for the grant of a special drilling
authorisation in respect of an area (other than
an area to which the Petroleum
(Submerged Lands) Act 1982 applies)
adjacent to the area set out in a primary
authorisation held by the holder.
(2) In addition to complying with section 96, an
applicant for a special drilling authorisation
must—
(a) describe and precisely identify the area
in respect of which the authorisation is
sought; and
(b) describe in detail the operations that the
person seeks to carry out in that area;
and
(c) submit details of—
(i) its relevant technical
qualifications and of the relevant
technical qualifications of its
employees; and
(ii) the relevant technical advice
available to it; and
(iii) the financial resources available to
it.
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Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 9—Amendment of Petroleum Act 1998
95C General criteria the Minister must
consider
(1) The Minister must not grant an application
for an authorisation unless the Minister is
satisfied that the applicant holds a primary
authorisation in respect of an area that is
adjacent to the proposed drilling
authorisation area.
(2) The Minister must not grant an authorisation
in respect of an area unless the Minister is
satisfied that the size of the area is
appropriate having regard to the operations
proposed in respect of the area by the person
applying for the authorisation.
95D Criteria that apply to permit, lease and
licence areas
(1) This section applies if any part of the area in
respect of which a special drilling
authorisation is sought falls within an area
that is the subject of an exploration permit, a
retention lease or a production licence held
by a current authority holder who is not the
applicant.
(2) The Minister must not grant an authorisation
in respect of that part of the area unless that
current authority holder has consented in
writing to the issue of the authorisation in
respect of that part of the area.
95E Exception to section 95D
Despite section 95D(2), the Minister may
grant a special drilling authorisation in
respect of an area that is the subject of a
primary authorisation held by a current
authority holder who is not the applicant
without the consent of that holder if—
29
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Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 37
Part 9—Amendment of Petroleum Act 1998
(a) the Minister—
(i) notifies that holder in writing that
the Minister is proposing to
exercise the Minister's powers
under this section, and of the
reasons why the Minister is
proposing to do so; and
(ii) gives that holder 28 days to make
any submissions it wishes in
relation to the proposal; and
(b) the Minister considers any submissions
made in response to the notice and also
takes into account any commercial
consequences to that holder that may be
likely if the authorisation is granted.
95F Minister may vary area to which
authorisation applies
In granting a special drilling authorisation,
the Minister may vary in any way the
Minister considers appropriate the size or the
boundaries of the area in respect of which
the authorisation was sought.
95G Authorisation does not give exclusive
rights
(1) The Minister may grant a special drilling
authorisation in respect of an area, or any
part of an area, that is already the subject of
another special drilling authorisation.
(2) The Minister must not grant a special drilling
authorisation in respect of an area, or any
part of an area, that is already the subject of
another special drilling authorisation
unless—
30
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 9—Amendment of Petroleum Act 1998
(a) the Minister has taken into account the
work program of the current holder of
the special drilling authorisation; and
(b) the Minister is satisfied that the
operations proposed to be carried out
under the authorisation will not be
detrimental to, or unduly interfere with,
any current or proposed future
operations of the current holder of the
special drilling authorisation; and
(c) the current holder of the special drilling
authorisation has consented in writing
to the issue of another special drilling
authorisation in respect of that part of
the area.
(3) The Minister may grant an exploration
permit, a retention lease or a production
licence in respect of an area, or any part of
an area, that is already the subject of a
special drilling authorisation.
95H Term of authorisation
A special drilling authorisation continues in
force for the period specified in the
authorisation by the Minister—
(a) until it is cancelled by the Minister; or
(b) until it is surrendered; or
(c) until a primary authorisation in respect
of or adjacent to the drilling
authorisation area specified in the
authorisation expires or is surrendered,
cancelled or terminated; or
(d) unless this Act otherwise provides.
31
s. 37
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 37
Part 9—Amendment of Petroleum Act 1998
95I Existing permit, lease or licence holder not
liable for actions of authorisation holder
(1) This section applies if any part of the drilling
authorisation area falls within an area that is
the subject of a primary authorisation held by
a current authority holder that is not the
holder of a special drilling authorisation.
(2) The current authority holder is not liable in
any way for any thing that is done or not
done by the holder of the special drilling
authorisation.
(3) Subsection (2) applies even if the current
authority holder consented to the granting of
the special drilling authorisation in respect of
the drilling authorisation area.
95J Authorisation holder must give data to the
Minister
(1) The holder of a special drilling authorisation
must give a copy of all factual information
obtained as a result of operations carried out
under the authorisation to the Minister within
30 days of the information being obtained.
Penalty: 60 penalty units.
(2) A reference to factual information in this
section includes any report compiled on the
basis of information obtained under the
authorisation.
95K Authorisation holder must give data to
permit, lease or licence holder
(1) This section applies if any part of a special
drilling authorisation area falls within an
area that is the subject of an exploration
permit, a retention lease or a production
licence held by a current authority holder
32
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 9—Amendment of Petroleum Act 1998
who is not the holder of the special drilling
authorisation.
(2) The holder of the permit, lease or licence
must give a copy of any factual information
obtained as a result of operations carried out
under the authorisation in that part of the
area to that holder within 30 days after
completing in that part of the area the
operations from which the information was
obtained.
(3) If there is an agreement between the holder
of the authorisation and the current authority
holder in relation to the supply of the
information, that agreement prevails over
anything to the contrary in this section.
(4) A person must not impose any conditions on
the supply of information under this section.
(5) A person must comply with any obligation
imposed on it by this section.
Penalty: 60 penalty units.
__________________".
38 Transfers
In section 107(1) of the Petroleum Act 1998,
after "an authority" insert ", other than a special
drilling authorisation,".
39 New section 107A inserted
After section 107 of the Petroleum Act 1998
insert—
"107A Transfers in relation to special drilling
authorisations
(1) This section applies if a primary
authorisation that is the basis for a special
drilling authorisation granted under Part 6A
33
s. 38
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 40
Part 9—Amendment of Petroleum Act 1998
is transferred under this Act or the
Petroleum (Submerged Lands) Act 1982.
(2) Despite anything to the contrary in this Act,
the special drilling authorisation to which
that primary authorisation relates is taken to
be transferred to the person to whom the
primary authorisation is transferred on the
same day the primary authorisation is
transferred.".
40 Partial transfer of permits and licences
After section 110(5) of the Petroleum Act 1998
insert—
"(6) If the area that is the subject of an
application under subsection (1) is also the
subject of a special drilling authorisation, an
applicant for a transfer under this section
must specify in the application—
(a) that the applicant is retaining the
special drilling authorisation for that
part of the area that is not being
transferred; or
(b) that the applicant is transferring the
special drilling authorisation to the
other person.".
41 New sections 113A and 113B inserted
After section 113 of the Petroleum Act 1998
insert—
"113A Special drilling authorisation suspended
or cancelled if primary authorisation
suspended or cancelled
(1) If a primary authorisation that is the basis for
a special drilling authorisation granted under
Part 6A is cancelled under this Act or the
Petroleum (Submerged Lands) Act 1982,
the special drilling authorisation that relates
34
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 9—Amendment of Petroleum Act 1998
to that primary authorisation is taken to be
cancelled on the same day the primary
authorisation is cancelled.
(2) If a primary authorisation that is the basis for
a special drilling authorisation granted under
Part 6A is suspended under this Act or the
Petroleum (Submerged Lands) Act 1982,
the special drilling authorisation that relates
to that primary authorisation is taken to be
suspended on the same day the primary
authorisation is suspended.
113B Special drilling authorisation expires or is
terminated if primary authorisation
expires or is terminated
(1) If a primary authorisation that is the basis for
a special drilling authorisation granted under
Part 6A expires under this Act or the
Petroleum (Submerged Lands) Act 1982,
the special drilling authorisation that relates
to that primary authorisation is taken to
expire on the same day the primary
authorisation expires.
(2) If a primary authorisation that is the basis for
a special drilling authorisation granted under
Part 6A is terminated under the Petroleum
(Submerged Lands) Act 1982, the special
drilling authorisation that relates to that
primary authorisation is taken to be
terminated on the same day the primary
authorisation is terminated.".
__________________
35
s. 41
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
s. 42
Part 10—Consequential Amendments and Repeal of Amending Act
PART 10—CONSEQUENTIAL AMENDMENTS AND REPEAL
OF AMENDING ACT
Division 1—Consequential amendments
See:
Act No.
16/2006
and
amending
Act Nos
63/2006,
77/2008 and
6/2009.
LawToday:
www.
legislation.
vic.gov.au
42 Aboriginal Heritage Act 2006
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
43 Savings provision for Electricity Safety Act 1998
In section 50 of the Aboriginal Heritage Act
2006, in paragraph (c) of the definition of
statutory authorisation, after "authorisation"
insert "other than an area work plan within the
meaning of section 41AD(4) of the Mineral
Resources (Sustainable Development) Act
1990".
After section 164 of the Electricity Safety Act
1998 insert—
"165 Savings provision—proclaimed electrical
equipment
On the day section 7 of the Energy and
Resources Legislation Amendment Act
2009 comes into operation, electrical
equipment that was proclaimed electrical
equipment immediately before the repeal of
section 67 by section 6 of that Act is taken to
be energy efficiency electrical equipment for
the purposes of Part 5.".
36
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Part 10—Consequential Amendments and Repeal of Amending Act
Division 2—Repeal of amending Act
44 Repeal of amending Act
This Act is repealed on 1 September 2011.
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).
═══════════════
37
s. 44
Energy and Resources Legislation Amendment Act 2009
No. 57 of 2009
Endnotes
ENDNOTES
†
Minister's second reading speech—
Legislative Assembly: 12 August 2009
Legislative Council: 3 September 2009
The long title for the Bill for this Act was "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 2006 and for other purposes."
38