Pipelines Act 2005 (Vic)
Version No. 021
Pipelines Act 2005
No. 61 of 2005
Version incorporating amendments as at
22 October 2025
TABLE OF PROVISIONS
Section Page
Part 1—Preliminary
1Purpose
2Commencement
3Objectives
4Principles of sustainable development
5Definitions
6Reference provisions
7Meaning of petroleum
8Act binds the Crown
Part 2—Application of Act
9To which pipelines does this Act apply?
10Certain pipelines exempt
11Minister may declare pipelines to which this Act is to apply
12Minister may declare pipelines to which this Act is not to apply
13Application of Act in connection with offshore area
Part 3—Control of pipelines
14Offence to construct pipeline without a licence
15Offence to operate pipeline without a licence
Part 4—Pre-licence process
Division 1—Consultation plans
16When must a consultation plan be prepared?
17Requirements for consultation plan
18Plan to be submitted to Minister for approval
18ACompliance with approved consultation plan
Division 2—Pre-licence surveys
19Notice of intention to enter land for survey
20Proponent must seek agreement or consent to entry for survey
21Consent to entry onto Crown land
22Application where agreement for entry to land cannot be reached
23Notice to owners and occupiers of application
24Advice to Minister from owners and occupiers of land
25Minister may consent to entry onto land
26Effect of consent
Division 3—Notice of pipeline corridor
27Proponent to give notice to owners and occupiers of land in pipeline corridor
Part 5—Pipeline licence process
Division 1—Licence application
28Who may apply for a licence?
29How must an application be made?
30What must the application contain?
31Minister may ask for more information
32Notice of application
33Co-ordination of notices and notice periods
34Submissions
35Copies of submissions to be given to applicant
36Amendment of application
37Request for decision on application
38Determination whether to refer submissions to panel
39Referral of submissions to panel
Division 2—Panel to consider submissions
40Appointment of panel
41Composition of panel
42Chairperson
43Fees and allowances
44Procedure of panel
45Hearings
46Costs of panel
47Report of panel
Division 3—Decision on application
48When must an application be determined?
49What matters must the Minister consider?
50Licence not to be granted for pipeline on wilderness Crown land
51Consent required for grant of licence for pipeline in parks
52Licence may permit construction in offshore area
53Decision on application
54Conditions of licence
55Minister may impose pre-conditions
56Minister not to issue licence unless certain requirements met
57Issue of licence
Division 4—Operation of licence
58What does the licence authorise?
59Licence to remain in force indefinitely
60When must construction commence?
61When must construction be completed?
Division 5—Amendment of conditions
62Minister may amend conditions without request
63Minister may amend conditions on request
64Right to seek review of decision to amend conditions
Division 6—Alteration of authorised route
65Alteration of authorised route to be under this Division
66Application to alter authorised route—minor alterations
67Decision on application under section 66
68Application to alter authorised route—significant alterations
68ARequirements for consultation plan for proposed significant alteration
68BApproval of consultation plan for proposed significant alteration
68CCompliance with approved consultation plan for proposed significant alteration
68DNotice of intention to enter land for survey
68ELicensee must seek agreement or consent to entry for survey
68FConsent to entry onto Crown land
68GApplication where agreement for entry to land cannot be reached
68HNotice to owners and occupiers of application
68IAdvice to Minister from owners and occupiers of land
68JMinister may consent to entry onto land
68KEffect of consent
69Minister not to alter authorised route unless certain requirements met
70Decision on application under section 68
71Altered route becomes authorised route
Division 7—Consolidation of licences
72Application of Division
73Application to consolidate licences
74Form of application
75Minister may ask for further information
76Minister to be satisfied of certain matters
77Decision on application
Division 8—Transfer, surrender and cancellation of licences
79Transfer of licence
80Surrender of licence
81Cancellation of licence
Division 8A—Decommissioning
82Decommissioning plan before cancellation
82ADecommissioning part of a pipeline
Division 8B—Other matters
83Right to seek review of decision to cancel
84Revocation of pipeline easement
Division 9—Application of planning laws
85Application of planning laws
Part 6—Access to land for pipeline
Division 1—Authorities over public land
86Licence or authority over Crown land for pipeline
87Public authority may grant easements etc. for pipelines
88Minister may grant authority over public authority land
Division 2—Purchase or acquisition of easements
89Purchase of easement
90Application for consent for compulsory acquisition of easement
91Notice to owners and occupiers
92Proponent, applicant or licensee to lodge notice with Registrar
93Effect of notice under section 91
94Restrictions on dealings with land
95Decision of Minister
96Compulsory acquisition
97Easement to be easement in gross
Division 3—Emergency access to land
98Emergency access to land
Part 7—Construction of pipeline
Division 1—General requirements
99Construction to be along authorised route
100Construction to comply with standards and conditions
Division 2—Pipelines and infrastructure
101Pipelines and railways
102Pipelines, roads, bridges and road infrastructure
103Pipelines and electrical apparatus and other pipelines
104Licensee responsible for extra expense incurred by authorities
105Governor in Council to settle disputes
Division 3—Obstruction of construction
106Offence to obstruct construction of pipeline
Part 8—Operation of pipeline
Division 1—General operation
107Commencement or resumption of operation needs consent
108Decision to consent
109Operation to comply with standards, specifications and conditions
110Payment of annual fee
111Only authorised things to be conveyed through pipeline
112Licensee must consult before making an application
113Minister may authorise other use of pipeline
Division 2—Safety and environment requirements
114Minister may impose requirements
115Minister may restrict use of pipeline
116Mandatory notice of incidents
Division 3—Interference with operation
117Offence to obstruct operation of pipelines
118Digging near pipelines
119Interference with pipeline
120Restriction on building on land near pipeline
Division 4—Third party access
121Agreement to share use of pipeline
122Direction by Minister about shared use of pipeline
123Third party access to easements
Part 9—Management plans
Division 1—General duties of safety and environment protection
124Duties of licensee for safety and environment protection
125What is reasonably practicable?
Division 2—Safety Management Plans
126Safety Management Plan to be prepared
127No operation without accepted Plan
128Acceptance of Safety Management Plan
129Plan must be observed in carrying out operation
130Energy Safe Victoria may permit amendment of Safety Management Plan
131Energy Safe Victoria may require amendment of Safety Management Plan
132Review of Safety Management Plan
132AFunding
Division 3—Environment Management Plans
133Environment Management Plan to be prepared
134No operation without accepted Plan
135Acceptance of Environment Management Plan
136Plan must be observed in carrying out operation
137Minister may permit amendment of Environment Management Plan
138Minister may require amendment of Environment Management Plan
139Review of Environment Management Plan
Part 10—Rehabilitation and compensation
Division 1—Rehabilitation bond
140What is a rehabilitation bond?
141Requirement to take out rehabilitation bond
142Minister may require increased rehabilitation bond
143Return of bond if rehabilitation satisfactory
Division 2—Insurance
144Insurance must be held
Division 3—Rehabilitation
145Rehabilitation by licensee after construction
146Rehabilitation on decommissioning of pipeline
147Rehabilitation on cancellation or surrender of licence
148Rehabilitation by owner
149Rehabilitation by Minister
150Minister may remove pipeline or equipment
Division 4—Compensation
151Owner's and occupier's right to compensation
152Compensation for third party access
153When must a claim for compensation be brought?
154Determination of compensation by VCAT
Part 11—Enforcement
Division 1—Directions of Minister
155Power of Minister to give directions
156Offence to fail to comply with direction
Division 1A—Enforceable undertakings
156AMinister may accept written undertakings
156BEnforcement of written undertakings
Division 2—Inspection powers
157Authorisation of inspectors
158Identity cards
159Production of identity card
160Monitoring compliance with this Act
161Emergencies
162Offence-related searches and seizures
163Occupier to be given copy of consent
164Search warrant
165Announcement before entry
166Copy of warrant to be given to occupier
167Receipt must be given for any thing seized
168Copies of certain seized things to be given
169Use of equipment to examine or process things
170Use or seizure of electronic equipment at premises
171Taking samples
172Compensation for damage
173Return of seized things
174Magistrates' Court may extend period
175Requirement to assist inspector during entry
176Refusal or failure to comply with requirement
177Protection against self-incrimination
178Offence to give false or misleading information
179Offence to obstruct inspector
Division 3—Improvement and prohibition notices
180Improvement notice
181Prohibition notice
182Right to review
183Defences to charge of failing to comply with a notice
Division 4—Infringements
183AInfringements
Division 5—Adverse publicity orders
183BAdverse publicity orders
Part 12—Administrative matters
Division 1—Delegation
184Delegation by Minister
185Delegation by the Secretary
Division 2—Pipelines Register
186Pipelines Register
186AOther documents to be registered
186BEffect of registration
187Correction of Pipelines Register
188Disclosure of registered information
189Offences
Part 13—Regulations
190Regulations
Part 14—Transitional provisions
191Definition
192General transitional provisions
193Superseded references
194Existing permits and licences
195Authorised route of existing pipeline
196Application for permit for new pipeline
197Existing application for permit for existing pipeline
198New application for existing pipeline
199Application to vary authorised route of pipeline
200Application for consolidation of permits
201Application for variation of permit or licence
202Application for consent to transfer permit or licence
203Authorisation to convey thing through pipeline
204Direction to share use of pipeline
205Compulsory acquisition
206Consent of Minister for operation of pipeline
207Continuation of hearing under section 41
208Deemed Safety Management Plan—gas pipeline
209Deemed Safety Management Plan—Plans required by old regulations
210Delayed operation of sections 126 and 127 for certain existing pipelines
211Deemed Environment Management Plans—Plan required by existing licence
212Delayed operation of sections 133 and 134 for certain existing pipelines
Schedules
Schedule 1—Pipelines excluded from Act
Schedule 2—Panel hearings
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Endnotes
1 General information
2 Table of Amendments
3 Explanatory details
Version No. 021
Pipelines Act 2005
No. 61 of 2005
Version incorporating amendments as at
22 October 2025
The Parliament of Victoria enacts as follows:
PART 1—PRELIMINARY
1Purpose
The main purpose of this Act is to re-enact with amendments the laws relating to the construction and operation of pipelines in Victoria.
2Commencement
(1)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 July 2007, it comes into operation on that day.
3Objectives
The objectives of this Act are—
(a)to facilitate the development of pipelines for the benefit of Victoria;
(b)to create an effective, efficient and flexible regulatory system for the construction and operation of pipelines;
(c)to establish sound consultative processes relating to the construction and operation of pipelines;
(d)to establish processes to determine the most efficient and suitable route for each pipeline;
(e)to protect the public from environmental, health and safety risks resulting from the construction and operation of pipelines;
(f)to ensure that pipelines are constructed and operated in a way that minimises adverse environmental impacts and has regard for the need for sustainable development.
4Principles of sustainable development
(1)It is the intention of Parliament that in the administration of this Act regard should be given to the principles of sustainable development.
(2)For the purposes of this Act the principles of sustainable development are—
(a)individual and community wellbeing and welfare should be enhanced by following a path of economic development that safeguards the welfare of future generations;
(b)there should be equity within and between generations;
(c)biological diversity should be protected and ecological integrity maintained;
(d)there should be recognition of the need to develop a strong, growing, diversified and internationally competitive economy that can enhance the capacity for environment protection;
(e)measures to be adopted should be cost effective and flexible, not disproportionate to the issues being addressed, including improved valuation, pricing and incentive mechanisms;
(f)both long and short term economic, environmental, social and equity considerations should be effectively integrated into decision-making;
(g)if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
(h)decision-making should be guided by—
(i)a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and
(ii)an assessment of the risk-weighted consequences of various options;
(i)development should make a positive contribution to regional development and respect the aspirations of the community and of Indigenous peoples;
(j)decisions and actions should provide for community involvement in issues that affect them.
5Definitions
In this Act—
amend in relation to the conditions of a licence, includes adding conditions to, and removing conditions from, the licence;
apparatus and works in relation to a pipe or system of pipes, includes—
(a)apparatus for inducing or facilitating the flow or movement of anything through the pipe or system of pipes;
(b)apparatus or structures for giving protection or support to the pipe or system of pipes;
(c)apparatus for transmitting information or instruction with regard to the operation of the pipe or system of pipes;
(d)apparatus and facilities required to maintain the pipe or system of pipes;
(e)apparatus or facilities permitting the addition of anything to or removal of anything from the pipe or system of pipes to facilitate flow;
(f)apparatus and facilities required for the inspection or safe operation of the pipe or system of pipes;
(g)prime movers for the operation of any apparatus or works mentioned in paragraph (a) or (e);
applicant means a person who has lodged an application for a licence to construct and operate a pipeline;
approved consultation information—
(a)in relation to a proposed pipeline, means the information to be provided to owners and occupiers that is included in an approved consultation plan for that pipeline;
(b)in relation to a proposed significant alteration of the route of a pipeline, means the information to be provided to owners and occupiers that is included in an approved consultation plan for that alteration;
approved consultation plan means a consultation plan approved under Division 1 of Part 4 or Division 6 of Part 5;
construction, in relation to a pipeline, includes the placing or testing of the pipeline;
Crown land means land that is, or that is by any Act deemed to be, unalienated land of the Crown, and includes—
(a)land of the Crown that is reserved permanently or temporarily by or under any Act; and
(b)land of the Crown that is occupied by a person under a lease, licence or other right under this or any other Act—
but does not include land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act1993;
Crown Land Minister, in relation to Crown land, means the Minister for the time being responsible for the Act under which the land is controlled or managed;
Department means the Department of Energy, Environment and Climate Action;
Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;
Environment Effects Minister means the Minister for the time being administering the Environment Effects Act 1978;
hydrocarbon means a compound of hydrogen and carbon in the liquid or gaseous state, or a mixture consisting mainly of such compounds;
improvement notice means an improvement notice issued under section 180;
inspector means a person authorised by the Minister under section 157;
licence means a licence issued by the Minister under Part 5;
licensee, in relation to a pipeline, means a person who is the holder of a licence issued under Part 5 for the construction and operation of that pipeline;
Native Title Act means the Native Title Act 1993 of the Commonwealth;
native title holder has the same meaning as in the Native Title Act;
occupier means a lessee or licensee of land;
operation, in relation to a pipeline, includes testing, maintenance, alteration, decommissioning and removal of the pipeline;
owner—
(a)in relation to Crown land, includes the native title holder of the land; and
(b)in relation to private land under the Transfer of Land Act 1958 (other than land in an identified folio under that Act), means the person who is registered or entitled to be registered as the proprietor of the land; and
(c)in relation to other private land, means—
(i)if the land is mortgaged, the mortgagor; and
(ii)if the land is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993, the licensee, under that Part, of the land; and
(iii)in any other case, the person who has the fee in the land;
petroleum has the meaning set out in section 7;
pipe or system of pipes includes—
(a)all apparatus and works associated with the pipe or system of pipes; and
(b)a part of the pipe or system of pipes;
pipeline means a pipe or system of pipes for the conveyance of anything through the pipe or system of pipes;
Note
Part 2 identifies the pipelines to which this Act applies.
pipeline corridor means a corridor of land within which a pipeline is proposed to be constructed;
pipeline operation means the construction or operation of a pipeline;
Planning Minister means the Minister for the time being administering the Planning and Environment Act 1987;
private land means land that is not Crown land;
prohibition notice means a notice issued under section 181;
proponent means a person who proposes to apply for a licence to construct and operate a pipeline;
* * * * *
public authority means a body established for a public purpose by or under any Act;
rehabilitation bond has the meaning set out in section 140;
responsible authority means responsible authority under the Planning and Environment Act 1987;
retention period means a period of 60 days after the seizure of a thing under this Act;
Secretary means Secretary to the Department;
survey includes examination;
Victorian Rail Track has the same meaning as it has in section 3 of the Transport Integration Act 2010;
Water Minister means the Minister for the time being administering the Water Act 1989;
wilderness Crown land means land that is—
(a)a reference area under the Reference Areas Act 1978; or
(b)a wilderness zone or wilderness park under the National Parks Act 1975.
6Reference provisions
(1)A reference in this Act to a pipeline area is a reference to any area in the authorised route of a pipeline.
(2)A reference in this Act to this Act includes a reference to the regulations.
(3)For the purposes of this Act, a person carries out a pipeline operation by starting, or continuing to carry on, that operation.
7Meaning of petroleum
(1)For the purposes of this Act, petroleum is—
(a)any naturally occurring or processed hydrocarbon; or
(b)any naturally occurring or processed mixture of hydrocarbons; or
(c)any naturally occurring or processed mixture of one or more hydrocarbons and one or more of the following: hydrogen sulphide, nitrogen, helium, carbon dioxide or water.
(2)For the purposes of this Act petroleum includes any petroleum as defined by subsection (1)(a), (1)(b) or (1)(c) and any petroleum product specified by the regulations for the purposes of this section that has been returned to a reservoir in Victoria.
(3)For the purposes of this Act petroleum does not include any naturally occurring hydrocarbon, or mixture of hydrocarbons, within a deposit of coal or oil shale.
8Act binds the Crown
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
PART 2—APPLICATION OF ACT
9To which pipelines does this Act apply?
This Act applies to—
(a)a pipeline for the conveyance of petroleum, oxygen, carbon dioxide, hydrogen, nitrogen, compressed air, sulphuric acid or methanol through the pipeline; and
(b)any pipeline declared under section 11 to be a pipeline to which this Act applies.
10Certain pipelines exempt
Despite section 9, this Act does not apply to—
(a)a pipeline specified in Schedule 1; or
(b)a pipeline declared under section 12 to be a pipeline to which this Act does not apply.
11Minister may declare pipelines to which this Act is to apply
(1)The Minister may by order published in the Government Gazette declare any pipeline or proposed pipeline to be a pipeline to which this Act applies.
(2)The Minister may make a declaration under subsection (1) if the Minister considers that—
(a)it is necessary to regulate the pipeline under this Act for safety or environmental reasons; or
(b)it is in the public interest for the pipeline to be regulated under this Act; or
(c)it is otherwise appropriate to do so.
12Minister may declare pipelines to which this Act is not to apply
(1)The Minister may by order published in the Government Gazette declare any pipeline or proposed pipeline to be a pipeline to which this Act does not apply.
(2)The Minister may make a declaration under subsection (1) if the Minister considers that—
(a)the pipeline is safe and it is appropriate to exclude it; or
(b)there is a minimal risk that the pipeline will have a substantial adverse environmental impact; or
(c)it is otherwise appropriate to do so.
13Application of Act in connection with offshore area
Subject to section 52, this Act applies to all land in Victoria, other than land that is within the area defined as the offshore area in the Offshore Petroleum and Greenhouse Gas Storage Act 2010.
PART 3—CONTROL OF PIPELINES
14Offence to construct pipeline without a licence
A person must not construct a pipeline unless a licence to construct and operate that pipeline has been issued under this Act.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
15Offence to operate pipeline without a licence
A person must not operate a pipeline unless a licence to construct and operate that pipeline has been issued under this Act.
Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.
PART 4—PRE-LICENCE PROCESS
Division 1—Consultation plans
16When must a consultation plan be prepared?
(1)A proponent for a pipeline must prepare a consultation plan for the proposed pipeline, and obtain the Minister's approval of the plan under section 18, before the proponent does the first of the following in relation to that pipeline—
(a)gives a notice of intention to enter land under Division 2; or
(b)gives a notice of a pipeline corridor under Division 3.
(2)The purpose of the consultation plan is to show how the proponent will consult with owners and occupiers of land about the proposed pipeline.
17Requirements for consultation plan
(1)A consultation plan must—
(a)be prepared in accordance with the regulations; and
(b)set out the information that the proponent is to provide to owners and occupiers of land to whom notice must be given under Division 2 or 3.
(2)The information to be provided to owners and occupiers of land must include—
(a)general information about the types of activities to be undertaken by the proponent for the purpose of any survey under Division 2 or the construction and operation of the pipeline;
(b)information about how potential adverse impacts of the construction and operation of the pipeline on land, health, safety and the environment are to be managed;
(c)details of the procedures that are to be followed under this Act and any other Act to permit the construction and operation of the pipeline including the procedures for any compulsory acquisition of land;
(d)a statement—
(i)advising that owners and occupiers of land may seek independent advice on the pipeline proposal; and
(ii)setting out current contact information for the Department.
18Plan to be submitted to Minister for approval
(1)The proponent must submit a consultation plan to the Minister for approval.
(2)The Minister must within 21 days after receiving a consultation plan—
(a)decide whether or not to approve the consultation plan; and
(b)advise the proponent of that decision.
(3)If the Minister decides not to approve a consultation plan, the proponent may—
(a)submit a new consultation plan to the Minister for approval; or
(b)submit amendments to the consultation plan to the Minister for approval.
(4)If a new consultation plan or amendments to a consultation plan are submitted to the Minister under subsection (3), the Minister must within 21 days after receiving the plan or amendments—
(a)decide whether or not to approve the new consultation plan or the consultation plan as amended; and
(b)advise the proponent of that decision.
18ACompliance with approved consultation plan
The proponent must comply with an approved consultation plan.
Penalty:20 penalty units.
Division 2—Pre-licence surveys
19Notice of intention to enter land for survey
(1)A proponent for a pipeline must give written notice to each owner and each occupier of land and, if the land is Crown land, the Crown Land Minister of the proponent's intention to enter that land for the purpose of any survey for the purpose of the proposed pipeline.
(2)A notice under this section must contain the prescribed information and be accompanied by the approved consultation information.
20Proponent must seek agreement or consent to entry for survey
A proponent for a pipeline must take all reasonable steps to reach agreement with each owner and each occupier of land in relation to the entry by the proponent onto the land for the purpose of a survey for the proposed pipeline.
21Consent to entry onto Crown land
(1)A proponent must seek the consent of—
(a)the Crown Land Minister to the entry by the proponent onto Crown land; or
(b)the public authority in which Crown land is vested to the entry by the proponent onto that Crown land—
for the purpose of a survey for the proposed pipeline.
(2)If an application is made under this section for consent, the Crown Land Minister or the public authority may consent to that entry despite anything to the contrary in any other Act.
(3)A consent under this section must be in writing and may be given subject to any conditions that the Crown Land Minister or the public authority considers appropriate.
(4)The Crown Land Minister must not give a consent under this section in respect of wilderness Crown land.
22Application where agreement for entry to land cannot be reached
(1)A proponent for a pipeline may apply to the Minister for consent to enter land if—
(a)the proponent wishes to enter the land for the purpose of a survey for the proposed pipeline; and
(b)the proponent has been unable to obtain the agreement of an owner or occupier of the land to do so within 14 days after notice of intention to enter the land was given to that owner or occupier under section 19.
(2)An application must be in writing and contain the following information—
(a)evidence of the efforts made by the proponent to reach agreement with the owner or occupier; and
(b)details of the proposed survey activity; and
(c)details of any possible adverse impact of the survey on safety or the environment or the use of the land and any measures to be taken by the proponent to address that impact.
(3)An application cannot be made under this section for consent to enter Crown land where the proponent has been unable to obtain the agreement of the occupier, unless the consent of the Crown Land Minister has first been obtained under section 21.
23Notice to owners and occupiers of application
The proponent must—
(a)give a copy of an application under section 22 to each owner and occupier of the land to which the application relates; and
(b)advise the owner or occupier of their right under section 24 to advise the Minister of their reasons for refusing entry.
24Advice to Minister from owners and occupiers of land
(1)An owner or occupier of land to which an application under section 22 relates may advise the Minister of their reasons for refusing to agree to the entry of the proponent onto the land for survey purposes.
(2)An advice under subsection (1) must be in writing and must be made within 7 days after the owner or occupier receives the copy of the application under section 23.
25Minister may consent to entry onto land
(1)Within 28 days after receiving an application under section 22, the Minister must—
(a)consent to the entry onto the land; or
(b)refuse to consent to that entry.
(2)In making a decision under this section, the Minister must take into account—
(a)the information provided by the proponent; and
(b)any advice received from an owner or occupier under section 24; and
(c)any other matters the Minister thinks fit.
(3)The Minister must not give a consent under this section unless the Minister is satisfied—
(a)with the adequacy of the measures to be taken by the proponent to address any adverse impact of the survey on safety or the environment or the use of land; and
(b)that the notice and approved consultation information were given to each owner and occupier of the land under section 19; and
(c)in the case of Crown land, that the Crown Land Minister has consented to the entry.
(4)The Minister must not give a consent under this section in respect of wilderness Crown land.
(5)A consent under this section must be in writing and—
(a)may be given subject to any conditions that the Minister considers appropriate; and
(b)in the case of Crown land, must be given subject to any conditions imposed in the consent given by the Crown Land Minister.
(6)The Minister must notify the proponent in writing if the Minister refuses consent.
26Effect of consent
(1)A consent under section 21 or 25 remains in force for 1 year after the day on which the consent is granted.
(2)A proponent who obtains a consent under section 25 may, while the consent is in force, enter the land to which the consent applies.
(3)Subject to subsection (4), a proponent who obtains a consent under section 21 may, while the consent is in force, enter the land to which the consent applies.
(4)If there is a native title holder or occupier or both of Crown land to which a consent under section 21 applies, a proponent may only enter the land under this section if either—
(a)each native title holder and each occupier has agreed to that entry under section 20; or
(b)a consent under section 25 is in force permitting that entry.
(5)The proponent must produce the relevant consent to the owner or occupier of the land before first entering the land under that consent.
Penalty:In the case of a natural person, 10 penalty units;
In the case of a body corporate, 60 penalty units.
(6)An entry under this section is subject to—
(a)the conditions of the consent; and
(b)the regulations.
Division 3—Notice of pipeline corridor
27Proponent to give notice to owners and occupiers of land in pipeline corridor
(1)Before applying for a licence to construct and operate a pipeline, the proponent must give notice of the proposed pipeline to each owner and each occupier of land in the pipeline corridor.
(2)The notice must—
(a)be in the prescribed form; and
(b)set out the pipeline corridor; and
(c)be accompanied by the approved consultation information for the pipeline unless this has already been provided to the owner or occupier under Division 2.
(3)A notice under this section lapses after 12 months, unless the Minister, in writing, extends that period.
PART 5—PIPELINE LICENCE PROCESS
Division 1—Licence application
28Who may apply for a licence?
(1)A person may apply to the Minister for a licence to construct and operate a pipeline.
(2)An application cannot be made for a licence to construct and operate a pipeline unless an approved consultation plan exists for that pipeline.
(3)Subsection (2) and Part 4 do not apply in respect of an application relating to an existing pipeline if a permit or licence was not required under the Pipelines Act 1967 or this Act for the construction of the pipeline.
29How must an application be made?
An application for a licence must be made in writing.
30What must the application contain?
An application for a licence must—
(a)state the name and address of the applicant; and
(b)state what the proposed pipeline will be used for; and
(c)contain any other matters that are prescribed; and
(d)be accompanied by a map of not less than the prescribed scale showing the pipeline corridor; and
(e)be accompanied by the prescribed application fee.
31Minister may ask for more information
The Minister may ask the applicant for any further information that the Minister considers necessary or expedient to enable the Minister to consider and decide on the application.
32Notice of application
(1)The applicant must give notice of the application for a licence to—
(a)all owners and occupiers of land directly affected by the proposed pipeline; and
(b)the Planning Minister; and
(ba)the Water Minister; and
(c)any relevant Crown Land Minister for Crown land affected by the pipeline; and
(d)each responsible authority for an area affected by the pipeline; and
(e)any Department Head of a Government department, public authority, person or body specified by the Minister.
(2)The notice under subsection (1) must—
(a)contain the prescribed information; and
(b)specify a date determined by the Minister as the submission date for the application (the submission date); and
(c)state that until the submission date any person who may be affected by the grant of the licence may make a written submission to the Minister about the application.
(3)The notice under subsection (1) to an owner or occupier of land must specify where the owner or occupier may inspect a copy of the licence application and the information that accompanied that application.
(4)The applicant must cause a copy of the notice to be published in a newspaper circulating generally in Victoria.
(5)Subject to this section, notice of an application must be given in the manner and within the time specified by the Minister in relation to that application.
(6)The Secretary must make a copy of the application and all information accompanying the application available for inspection by the public in a place and form approved by the Minister.
33Co-ordination of notices and notice periods
(1)This section applies if an applicant is required to prepare an Environment Effects Statement in respect of the proposed pipeline.
(2)The notice of the application for the licence required to be given or published under section 32 may be combined with any notice relating to the same proposal that is required to be given under the Environment Effects Act 1978.
(3)The period during which notice of the application for the licence is required to be given or published under section 32, must coincide, so far as practicable, with the period, if any, during which public comments are sought under the Environment Effects Act 1978 in respect of the environmental effects of the proposed pipeline.
34Submissions
(1)Any person who may be affected by the grant of a licence may make a written submission to the Minister about the application for the licence.
(2)A submission relating to an application must be made on or before the submission date for the application.
35Copies of submissions to be given to applicant
The Minister must—
(a)provide a copy of each submission to the applicant; and
(b)give the applicant the opportunity to address the matters raised in the submissions.
36Amendment of application
(1)An applicant may, at any time before a request is made under section 37 in respect of an application, submit to the Minister an amendment to the application.
(2)The Minister may determine what, if any, additional notice of the amended application is required.
37Request for decision on application
(1)After the submission date for the application, the applicant may ask the Minister to determine whether or not to grant the licence.
(2)The Minister may request the applicant to provide details of how the applicant has addressed or proposes to address any matter raised in the submissions.
38Determination whether to refer submissions to panel
(1)The Minister must determine whether—
(a)to refer the submissions to a panel; or
(b)to proceed to determine the application under Division 3.
(2)A determination under subsection (1) must be made—
(a)within 28 days after the receipt of the request under section 37(1); or
(b)if the Minister has requested further details under section 37(2), within 28 days after the receipt of those details.
39Referral of submissions to panel
(1)The Minister must determine to refer the submissions to a panel if the Minister considers that the proposed pipeline raises significant environmental, social or safety risks.
(2)Subsection (1) does not apply to submissions considered in an Environment Effects Statement under the Environment Effects Act 1978.
Division 2—Panel to consider submissions
40Appointment of panel
The Minister must appoint a panel to consider all submissions referred to a panel by the Minister under Division 1.
41Composition of panel
A panel may consist of one or more persons.
42Chairperson
If a panel consists of more than one member, the Minister must appoint one of the members to be chairperson.
43Fees and allowances
Each member of a panel is entitled to receive any fees and allowances fixed by the Minister in respect of that member unless the person is employed by or on behalf of the Crown.
44Procedure of panel
The following provisions apply to panels with more than one member—
(a)in the case of a panel of 2 members, the chairperson constitutes a quorum;
(b)in the case of a panel of more than 2 members, a quorum is half the number of members constituting the panel, and, if this is not a whole number, the next highest whole number;
(c)the members of a panel of more than 2 members may appoint a member to act as chairperson at a meeting of the panel if the chairperson is unable to attend;
(d)the chairperson has an additional or casting vote if there is an equality of votes at a meeting of the panel;
(e)if there is a quorum, the panel may act despite a vacancy in its membership;
(f)the Minister may appoint another member to a panel if there is a vacancy.
45Hearings
(1)A panel must give a reasonable opportunity to be heard by it to the applicant and any person who has stated in a submission that is referred to the panel that the person wishes to be heard with respect to that submission.
(2)Schedule 2 applies to a hearing by a panel under this Division.
46Costs of panel
The applicant is liable to pay all the costs of a panel in hearing, considering and reporting on the submissions on the applicant's application.
47Report of panel
(1)After conducting hearings in accordance with this Division and considering the submissions referred to it by the Minister, the panel must—
(a)report to the Minister on the submissions; and
(b)make a recommendation to the Minister as to the action that it believes should be taken with respect to the application.
(2)The report of a panel and its recommendation must be forwarded to the Minister—
(a)within 60 days after the submissions were referred to the panel; or
(b)within such other period as the Minister may specify when referring the submissions to the panel.
Division 3—Decision on application
48When must an application be determined?
(1)Subject to subsection (2), the Minister must determine an application for a licence within 28 days after the last of the following to occur—
(a)the receipt of a request under section 37(1);
(ab)the receipt of any further details requested under section 37(2);
(b)the receipt of the report of the panel under Division 2, if the submissions on the application have been referred to a panel;
(c)the receipt of the assessment of the Environment Effects Minister in respect of the proposed pipeline, if an Environment Effects Statement is required to be prepared;
(d)the completion of any relevant procedure under the Native Title Act in relation to the proposed pipeline.
(2)The Minister may extend the period set out in subsection (1) in order to request and consider further information from the applicant.
49What matters must the Minister consider?
In determining an application for a licence, the Minister must consider the following—
(a)the potential environmental, social, economic and safety impacts of the proposed pipeline;
(b)the potential impact of the proposed pipeline on cultural heritage (including Indigenous cultural heritage);
(c)the benefit of the proposed pipeline to Victoria relative to its potential impacts;
(d)the submissions received under section 34 in relation to the application;
(e)the report of the panel (if any) on the submissions received in relation to the application;
(f)the assessment of the Environment Effects Minister in relation to the proposed pipeline, if an assessment has been made;
(g)any written comments received from the Planning Minister or the relevant responsible authority on the effect of the proposed pipeline on the planning of the area through which it is to pass;
(h)any written comments received from the Water Minister and from the relevant Crown Land Minister on the impact of the proposed pipeline.
50Licence not to be granted for pipeline on wilderness Crown land
A licence must not be granted for the construction or operation of a pipeline on or under wilderness Crown land.
51Consent required for grant of licence for pipeline in parks
(1)The Minister must not grant a licence for the construction or operation of a pipeline on or under land that is part of a park within the meaning of the National Parks Act 1975 or land that is managed under that Act unless the relevant Crown Land Minister has consented to the pipeline crossing that land.
(2)A consent under this section may be given subject to conditions.
52Licence may permit construction in offshore area
(1)Despite anything to the contrary in the Offshore Petroleum and Greenhouse Gas Storage Act 2010, a licence may permit the construction of a pipeline in the area defined as the offshore area in that Act if that construction is part of a single directional drilling operation commencing on land in Victoria that is outside the offshore area.
(2)Despite anything to the contrary in the Offshore Petroleum and Greenhouse Gas Storage Act 2010, a licence is not required under that Act for the construction in the offshore area of any part of a pipeline that is permitted to be constructed under a licence under this Act.
(3)Despite anything to the contrary in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth, a licence may permit the construction of a pipeline in the cross‑boundary offshore area if that construction is part of a single directional drilling operation commencing on land in Victoria that is outside the offshore area within the meaning of that Act.
(4)Despite anything to the contrary in the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth, a licence is not required under that Act for the construction in the cross‑boundary offshore area of any part of a pipeline that is permitted to be constructed under a licence under this Act.
(5)In this section—
cross‑boundary offshore area means any part of the Commonwealth defined offshore area that but for section 296B, 333A or 378A would be included in the offshore area.
53Decision on application
(1)Subject to this Division, the Minister, after considering the matters set out in section 49, may—
(a)grant a licence to the applicant, authorising the applicant to construct and operate a pipeline along a route authorised in the licence; or
(b)refuse to grant a licence in respect of the proposed pipeline.
(2)A licence must authorise the proposed route of the pipeline, whether the route is the same as that in the application for the licence or as varied by the Minister in granting the licence.
54Conditions of licence
(1)A licence is granted subject to—
(a)any terms and conditions that are prescribed; and
(b)any conditions that are imposed on a consent under section 51; and
(c)a condition that a licensee hold any insurance required under section 144; and
(d)any further terms and conditions that are stated or included in the licence.
(2)The conditions on a licence may include conditions—
(a)relating to the pipeline operations to be carried out under the licence;
(b)concerning the protection of cultural heritage (including Indigenous cultural heritage);
(c)concerning the protection of the environment;
(d)concerning the maintenance of land in the pipeline area and the control of noxious weeds and pest animals on that land;
(e)relating to matters of public safety; and
(f)requiring the licensee to provide specified information (or information of a specified kind) to the Minister at a time or times specified by the Minister.
55Minister may impose pre-conditions
(1)The Minister may require the applicant to comply with any conditions that the Minister considers appropriate before the Minister will issue a licence to the applicant.
(2)A requirement under this section must be made in writing specifying the conditions to be complied with.
56Minister not to issue licence unless certain requirements met
(1)If the proposed route of a pipeline is on private land, the Minister must not issue the licence for the construction of the pipeline unless the Minister is satisfied that any necessary interests have been acquired by agreement with the owner or are to be acquired compulsorily in accordance with Part 6.
(2)If there is a native title holder in relation to land in the proposed route of a pipeline, the Minister must not issue the licence for the construction of the pipeline unless the Minister is satisfied that a relevant procedure under the Native Title Act has been followed.
(3)The applicant is liable to pay any compensation, interest, charges and expenses—
(a)incurred in acquiring interests referred to in subsection (1), whether compulsorily or otherwise; or
(b)incurred in following a relevant procedure referred to in subsection (2); or
(c)payable under the Native Title Act in respect of the grant of the licence.
57Issue of licence
If a licence is granted under this Division, the Minister must issue the licence to the applicant if the Minister is satisfied that the applicant—
(a)has complied with any condition or requirement imposed under sections 55 and 56; and
(b)has paid the relevant prescribed fee for the licence.
Division 4—Operation of licence
58What does the licence authorise?
(1)A licence authorises the construction of a pipeline along the route authorised in the licence, subject to the conditions of the licence.
(2)A licence authorises the operation of the pipeline in accordance with the conditions of the licence.
(3)For the purposes of section 8(1)(k) of the Personal Property Securities Act 2009 of the Commonwealth, a licence is declared not to be personal property.
59Licence to remain in force indefinitely
(1)A licence comes into force—
(a)on the day on which the pipeline licence is issued to the applicant; or
(b)if a later day is specified in the licence as being the day on which the licence is to come into force, on that later day.
(2)Subject to this Part, a licence remains in force indefinitely.
60When must construction commence?
(1)Subject to this section, the construction of a pipeline under a licence must commence within 1 year after the issue of the licence unless a longer period is provided for in the licence.
(2)The Minister may extend the period for commencement of construction of a pipeline by 1 year or more.
(3)An application for an extension must be made before the period for construction to commence expires.
(4)An extension under subsection (2) may be given more than once.
(5)An extension under subsection (2) must be given in writing.
61When must construction be completed?
(1)Subject to this section, the construction of a pipeline under a licence must be completed within 2 years after the commencement of construction unless a longer period is provided for in the licence.
(2)The Minister may extend the period for completion of construction of a pipeline by 1 year or more.
(3)An application for an extension must be made before the period for construction to commence expires.
(4)An extension under subsection (2) may be given more than once.
(5)An extension under subsection (2) must be given in writing.
Division 5—Amendment of conditions
62Minister may amend conditions without request
(1)The Minister may amend the conditions imposed on a licence.
(2)To do this, the Minister must—
(a)notify the licensee and any other person directly affected in writing of the amendment the Minister proposes to make; and
(b)invite the licensee or persons notified to make any submissions they may wish to make in respect of the proposal within the time specified by the Minister; and
(c)consider any submissions made by the licensee or those persons within the specified time.
(3)The Minister must allow a period of at least 28 days for the purposes of subsection (2)(b).
(4)If, after complying with subsection (2), the Minister decides to amend the conditions, he or she must give the licensee notice in writing of the decision.
63Minister may amend conditions on request
(1)A licensee may, at any time, apply to the Minister to amend the conditions of the licence.
(2)An application under subsection (1)—
(a)must be in writing; and
(b)must be made in the prescribed manner; and
(c)must be accompanied by particulars of the proposed amendment; and
(d)must specify the reasons for the proposed amendment; and
(e)must be accompanied by the relevant prescribed fee.
(3)The Minister must consider the application and may—
(a)amend the conditions as requested or in a manner determined by the Minister; or
(b)refuse to amend the conditions.
(4)If the Minister amends the conditions of a licence under this section, the Minister may also make any necessary consequential amendments to any other conditions of the licence.
(5)The Minister must not amend a condition imposed on a consent under section 51 without the consent of the relevant Crown Land Minister.
64Right to seek review of decision to amend conditions
(1)A licensee may apply to VCAT for a review of a decision under section 62 to amend the conditions of the licence.
(2)An application for a review must be made within 28 days after the later of—
(a)the day on which the decision is made;
(b)if, under the Victorian Civil and Administrative Tribunal Act 1998, the applicant requests a statement of reasons for the decision, the day on which the statement of reasons is given to the applicant or the applicant is informed under section 46(5) of that Act that a statement of reasons will not be given.
Division 6—Alteration of authorised route
65Alteration of authorised route to be under this Division
(1)The authorised route of a pipeline may only be altered in accordance with this Division.
* * * * *
66Application to alter authorised routeminor alterations—
(1)A licensee may apply to the Minister to make an alteration to the route of a pipeline authorised under the licence.
(2)The application must—
(a)be in writing; and
(b)be accompanied by a plan showing the proposed alteration to the route of the pipeline.
(3)An application may only be made under this section if the alteration will not affect the rights or interests of any other person.
67Decision on application under section 66
(1)If an application is made under section 66, the Minister may—
(a)grant the application; or
(b)grant the application subject to specified conditions; or
(c)refuse to grant the application.
(2)The Minister must not grant the application unless the Minister is satisfied that the alteration—
(a)is reasonably necessary or expedient; and
(b)the alteration is of a minor nature and will not affect the rights or interests of any other person.
(3)If the Minister grants the application, the Minister must publish a notice in the Government Gazette specifying the alterations made to the route of the pipeline.
68Application to alter authorised route—significant alterations
(1)A licensee may apply to the Minister to alter the route of a pipeline authorised under the licence.
(2)The application must—
(a)be in writing; and
(b)be accompanied by a plan showing the proposed alteration to the route of the pipeline.
(3)Before making the application, the licensee must—
(a)if required to do so by the Minister, prepare a consultation plan for the proposed alteration and obtain the Minister's approval of the plan under section 68B; and
(b)give notice of the proposed alteration to each owner and each occupier of land affected by the proposed alteration; and
(c)consult with each owner and each occupier of land, and each responsible authority for an area, affected by the proposed alteration; and
(d)take all reasonable steps to reach agreement with those persons on the proposed alteration.
(3A)A notice under subsection (3)(b) must—
(a)be in the prescribed form; and
(b)set out the proposed alteration; and
(c)be accompanied by the approved consultation information for the proposed alteration (if any).
(3B)A notice under subsection (3)(b) lapses after 12 months, unless the Minister, in writing, extends that period.
(4)The licensee must cause notice of the application to be published in a newspaper circulating generally in Victoria.
68ARequirements for consultation plan for proposed significant alteration
(1)A consultation plan for a proposed alteration must—
(a)be prepared in accordance with the regulations; and
(b)set out the information that the licensee is to provide to owners and occupiers of land to whom notice must be given under section 68(3)(b).
(2)The information to be provided to owners and occupiers of land must include—
(a)general information about the types of activities to be undertaken by the licensee for the purpose of any survey under this Division in relation to the construction and operation of the proposed alteration; and
(b)information about how potential adverse impacts of the construction and operation of the proposed alteration on land, health, safety and the environment are to be managed; and
(c)details of the procedures that are to be followed under this Act and any other Act to permit the construction and operation of the proposed alteration including the procedures for any compulsory acquisition of land; and
(d)a statement—
(i)advising that owners and occupiers of land may seek independent advice on the proposed alteration; and
(ii)setting out current contact information for the Department.
68BApproval of consultation plan for proposed significant alteration
(1)If the Minister has required a licensee to prepare a consultation plan for a proposed alteration under section 68(3)(a), the licensee must submit the plan to the Minister for approval.
(2)The Minister must within 21 days after receiving a consultation plan under subsection (1)—
(a)decide whether or not to approve the consultation plan; and
(b)advise the licensee of that decision.
(3)If the Minister decides not to approve a consultation plan, the licensee may—
(a)submit a new consultation plan to the Minister for approval; or
(b)submit amendments to the consultation plan to the Minister for approval.
(4)If a new consultation plan or amendments to a consultation plan are submitted to the Minister under subsection (3), the Minister must, within 21 days after receiving the plan or amendments—
(a)decide whether or not to approve the new consultation plan or the consultation plan as amended; and
(b)advise the licensee of that decision.
68CCompliance with approved consultation plan for proposed significant alteration
A licensee must comply with an approved consultation plan for a proposed alteration.
Penalty:20 penalty units.
68DNotice of intention to enter land for survey
(1)If a licensee proposes to alter the authorised route of a pipeline under section 68, the licensee must give written notice to each owner and each occupier of land and, if the land is Crown land, the Crown Land Minister of the licensee's intention to enter that land for the purpose of any survey for the proposed alteration.
(2)A notice under this section must contain the prescribed information and be accompanied by the approved consultation information (if required under section 68(3)(a)).
68ELicensee must seek agreement or consent to entry for survey
If a licensee proposes to alter the authorised route of a pipeline under section 68, the licensee must take all reasonable steps to reach agreement with each owner and each occupier of land in relation to the entry by the licensee onto the land for the purpose of a survey for the proposed alteration.
68FConsent to entry onto Crown land
(1)If a licensee proposes to alter the authorised route of a pipeline under section 68, the licensee must seek the consent of—
(a)the Crown Land Minister to the entry by the licensee onto Crown land; or
(b)the public authority in which Crown land is vested to the entry by the licensee onto that Crown land—
for the purpose of a survey for the proposed alteration.
(2)If an application is made under this section for consent, the Crown Land Minister or the public authority may consent to that entry despite anything to the contrary in any other Act.
(3)A consent under this section must be in writing and may be given subject to any conditions that the Crown Land Minister or the public authority considers appropriate.
(4)The Crown Land Minister must not give a consent under this section in respect of wilderness Crown land.
68GApplication where agreement for entry to land cannot be reached
(1)A licensee may apply to the Minister for consent to enter land if—
(a)the licensee wishes to enter the land for the purpose of a survey for a proposed alteration under section 68; and
(b)the licensee has been unable to obtain the agreement of an owner or occupier of the land to do so within 14 days after notice of intention to enter the land was given to that owner or occupier under section 68D.
(2)An application must be in writing and contain the following information—
(a)evidence of the efforts made by the licensee to reach agreement with the owner or occupier;
(b)details of the proposed survey activity;
(c)details of any possible adverse impact of the survey on safety or the environment or the use of the land and any measures to be taken by the licensee to address that impact.
(3)If the licensee has been unable to obtain the agreement of the occupier, an application cannot be made under this section for consent to enter Crown land unless the consent of the Crown Land Minister has first been obtained under section 68F.
68HNotice to owners and occupiers of application
The licensee must—
(a)give a copy of an application under section 68G to each owner and occupier of the land to which the application relates; and
(b)advise the owner or occupier of their right under section 68I to advise the Minister of their reasons for refusing entry.
68IAdvice to Minister from owners and occupiers of land
(1)An owner or occupier of land to which an application under section 68G relates may advise the Minister of their reasons for refusing to agree to the entry of the licensee onto the land for survey purposes.
(2)An advice under subsection (1) must be in writing and must be made within 7 days after the owner or occupier receives the copy of the application under section 68H.
68JMinister may consent to entry onto land
(1)Within 28 days after receiving an application under section 68G, the Minister must—
(a)consent to the entry onto the land; or
(b)refuse to consent to that entry.
(2)In making a decision under this section, the Minister must take into account—
(a)the information provided by the licensee; and
(b)any advice received from an owner or occupier under section 68I; and
(c)any other matters the Minister thinks fit.
(3)The Minister must not give a consent under this section unless the Minister is satisfied—
(a)with the adequacy of the measures to be taken by the licensee to address any adverse impact of the survey on safety or the environment or the use of land; and
(b)that the notice and approved consultation information (if required under section 68(3)(a)) were given to each owner and occupier of the land under section 68D; and
(c)in the case of Crown land, that the Crown Land Minister has consented to the entry.
(4)The Minister must not give a consent under this section in respect of wilderness Crown land.
(5)A consent under this section must be in writing and—
(a)may be given subject to any conditions that the Minister considers appropriate; and
(b)in the case of Crown land, must be given subject to any conditions imposed in the consent given by the Crown Land Minister.
(6)The Minister must notify the licensee in writing if the Minister refuses consent.
68KEffect of consent
(1)A consent under section 68F or 68J remains in force for 1 year after the day on which the consent is granted.
(2)A licensee who obtains a consent under section 68J may, while the consent is in force, enter the land to which the consent applies.
(3)Subject to subsection (4), a licensee who obtains a consent under section 68F may, while the consent is in force, enter the land to which the consent applies.
(4)If there is a native title holder or occupier of Crown land to which a consent under section 68F applies, a licensee may only enter the land under this section if either—
(a)any native title holder or occupier has agreed to that entry under section 68E; or
(b)a consent under section 68J is in force permitting that entry.
(5)The licensee must produce the relevant consent to the owner or occupier of the land before first entering the land under that consent.
Penalty:In the case of a natural person, 10 penalty units;
In the case of a body corporate, 60 penalty units.
(6)An entry under this section is subject to—
(a)the conditions of the consent; and
(b)the regulations.
69Minister not to alter authorised route unless certain requirements met
(1)If the authorised route of a pipeline to which an application under section 68 relates is on private land, the Minister must not consider the application unless the Minister is satisfied that any necessary interests have been acquired by agreement with the owner or are to be acquired compulsorily in accordance with Part 6.
(2)If there is a native title holder in relation to land in the authorised route of a pipeline to which an application under section 68 relates, the Minister must not consider the application unless the Minister is satisfied that a relevant procedure under the Native Title Act has been followed.
(3)The licensee is liable to pay any compensation, interest, charges and expenses—
(a)incurred in acquiring interests referred to in subsection (1), whether compulsorily or otherwise; or
(b)incurred in following a relevant procedure referred to in subsection (2); or
(c)payable under the Native Title Act in respect of the grant of the alteration.
70Decision on application under section 68
(1)In addition to section 69, the Minister must not consider an application under section 68 unless the Minister is satisfied that—
(a)the licensee has complied with section 68(3); and
(b)notice of the application has been published under section 68(4).
(2)If the authorised route of the pipeline crosses Crown land, the Minister must not consider an application under section 68 unless the relevant Crown Land Minister has agreed to the alteration to the extent that the alteration affects Crown land.
(3)The Minister may—
(a)grant the application; or
(b)refuse to grant the application.
(4)The Minister must not grant the application unless the Minister is satisfied that the alteration—
(a)is reasonably necessary or expedient; and
(b)will not substantially affect the authorised route of the pipeline or the rights or interests of any other person.
(5)If the Minister grants the application, the Minister may also amend the licence to—
(a)impose any conditions that the Minister considers necessary to provide for the protection of the rights or interests of any person affected by the alteration; and
(b)impose any standards, specifications or other conditions that the Minister considers necessary as a result of the alteration.
(6)If the Minister grants the application, the Minister must publish a notice in the Government Gazette specifying the alterations made to the route of the pipeline.
71Altered route becomes authorised route
If under this Division the authorised route of a pipeline is altered, the route of the pipeline as so altered is deemed to be the authorised route for the purposes of the licence.
Division 7—Consolidation of licences
72Application of Division
This Division applies if a licensee—
(a)is a licensee in respect of 2 or more pipelines; and
(b)carries on or intends to carry on pipeline operations in which those pipelines, or parts of those pipelines, are connected or otherwise used in conjunction with each other.
73Application to consolidate licences
The licensee may apply to the Minister to consolidate the licences in respect of each of the pipelines into one of those licences ("the ongoing licence") and to make any amendments to the ongoing licence that are necessary or expedient for the purposes of the consolidation.
74Form of application
An application under section 73 must be in the prescribed form and must—
(a)state the name and address of the applicant; and
(b)provide details identifying the licences that are to be consolidated; and
(c)set out the reasons for the application; and
(d)be accompanied by the relevant prescribed fee.
75Minister may ask for further information
The Minister may ask for any further information that the Minister considers necessary or desirable to determine an application.
76Minister to be satisfied of certain matters
The Minister must not grant an application unless the Minister is satisfied that the consolidation to which the application relates—
(a)is reasonably necessary or expedient; and
(b)does not substantially affect the rights or interests of any other person.
77Decision on application
(1)If an application is made under section 73, the Minister may—
(a)grant the application and consolidate the licences into the ongoing licence; and
(b)make any amendments to the ongoing licence that are necessary or expedient for the purposes of the consolidation; and
(c)include any additional conditions in the ongoing licence that the Minister considers necessary as a result of the consolidation; and
(d)cancel any licence consolidated in the ongoing licence or, if only part of a pipeline is consolidated, amend a licence accordingly.
(2)The Minister may refuse to consolidate one or more licences under this section.
* * * * *
Division 8—Transfer, surrender and cancellation of licences
79Transfer of licence
(1)A licensee must not transfer the licence without the written consent of the Minister.
(2)The Minister must not unreasonably refuse to give his or her consent under this section.
(3)The Minister may impose conditions on a consent under this section.
(4)A licensee must notify the Minister in writing within 14 days of any direct or indirect dealing with any legal or equitable interest in the licence.
80Surrender of licence
(1)A licensee may surrender a licence with the consent of the Minister.
(2)The Minister must not give his or her consent to the surrender of a licence unless he or she is satisfied that the licensee—
(a)has complied with all the relevant requirements of this Act in relation to the licence; and
(b)has complied with all of the conditions that apply to the licence.
(3)If the pipeline is to be decommissioned on the surrender of the licence, the Minister must not give his or her consent to the surrender of the licence unless—
(a)the licensee has lodged a plan to provide for the decommissioning of the pipeline; and
(b)the Minister is satisfied with that plan; and
(c)the pipeline has been decommissioned in accordance with that plan.
(4)A decommissioning plan must be prepared in accordance with the regulations and set out the prescribed information.
(5)The Minister must not unreasonably refuse to give his or her consent under this section.
(6)If the Minister is not satisfied as to any matter referred to in subsection (2)(a) or (2)(b), he or she may still consent to the surrender of the licence if he or she is satisfied that the failure to comply with the relevant requirement was the result of one or more events beyond the control of the licensee.
81Cancellation of licence
The Minister may cancel a licence if—
(a)the pipeline is no longer used as a pipeline to which this Act applies; or
(b)the conditions of the licence or any of the provisions of this Act that apply to the licence have not been complied with; or
(c)the construction or operation of the pipeline has caused an unexpected significant adverse impact on safety or the environment; or
(d)the licensee no longer has the funds to construct or operate the pipeline; or
(e)the licensee is wound up or commences to be wound up; or
(f)the licensee has not paid any amount that is payable under this Act within 90 days after it was due and within 30 days after receiving a written notice from the Minister warning it of the Minister's power under this provision; or
(g)the construction of the pipeline has not commenced by the end of the required period under Division 4; or
(h)the construction of the pipeline has not been completed by the end of the required period under Division 4.
Division 8A—Decommissioning
82Decommissioning plan before cancellation
(1)If a pipeline is to be decommissioned on cancellation of a licence, the Minister, before cancelling the licence, may direct the licensee to prepare a plan for the decommissioning of the pipeline within the time specified in the direction.
(2)A licensee to whom a direction is given under this section must prepare a decommissioning plan in accordance with the regulations and setting out the prescribed information and submit it to the Minister within the time specified in the direction.
(3)If a decommissioning plan has been prepared for a pipeline, the Minister must not cancel the licence unless—
(a)the Minister is satisfied with that plan; and
(b)the licensee has decommissioned the pipeline in accordance with that plan.
(4)A failure by the licensee to prepare a decommissioning plan does not prevent the Minister from cancelling the licence.
82ADecommissioning part of a pipeline
(1)A licensee may decommission part of a pipeline with the consent of the Minister.
(2)The Minister may require the licensee to prepare a plan that provides for the decommissioning of that part of the pipeline (a decommissioning plan) before giving his or her consent.
(3)If the Minister has required the licensee to prepare a decommissioning plan—
(a)the licensee must—
(i)prepare the plan in accordance with the regulations; and
(ii)include in the plan the prescribed information; and
(b)the Minister must not give his or her consent to the decommissioning of that part of the pipeline unless the Minister is satisfied with that plan.
(4)Without limiting subsection (2), the Minister must not unreasonably refuse to give his or her consent.
(5)The Minister may still give his or her consent to the decommissioning of that part of the pipeline even if he or she is not satisfied with the decommissioning plan that has been prepared if the failure of the licensee to prepare the plan to the satisfaction of the Minister was the result of one or more events beyond the control of the licensee.
(b)making any other order that the court may make in relation to the offence.
PART 12—ADMINISTRATIVE MATTERS
Division 1—Delegation
184Delegation by Minister
A Minister may by instrument delegate any of his or her powers or functions under this Act (other than a power under section 53 or section 95 or this power of delegation) to—
(a)any person employed in the public service; or
(b)the holder for the time being of any office or position in the public service; or
(c)a Commissioner within the meaning of the Energy Safe Victoria Act 2005; or
(d)the Chief Executive Officer within the meaning of the Energy Safe Victoria Act 2005; or
(e)any other employee of Energy Safe Victoria.
185Delegation by the Secretary
The Secretary may by instrument delegate any of the Secretary's powers or functions under this Act (other than this power of delegation) to—
(a)any person employed in the public service; or
(b)the holder for the time being of any office or position in the public service.
Division 2—Pipelines Register
186Pipelines Register
(1)The Secretary must establish and maintain a Pipelines Register.
(2)The Secretary must record the following in the Pipelines Register—
(a)licences; and
(b)instruments of surrender of licences; and
(c)instruments of amendment, consolidation, transfer or cancellation of licences; and
(ca)instruments for creating, assigning or affecting interests in, or conferred by, licences (including mortgages); and
(d)instruments of alteration of the authorised route of a pipeline; and
(e)any other document that is required to be registered under section 186A.
(3)The Pipelines Register may be kept in electronic form.
186AOther documents to be registered
The Minister, by notice published in the Government Gazette, may require that a document of a specified kind relating to a licence be registered.
186BEffect of registration
(1)A document referred to in section 186(2) that is created on or after the commencement of this section (other than one referred to in paragraph (a), (ca) or (e)) has no effect until it is registered.
(2)A document referred to in section 186(2)(ca) that is created on or after the commencement of this section is ineffective for creating, assigning or affecting any interest in or conferred by a licence, or for the devolution of a licence or any interest in or conferred by a licence, until it is registered.
187Correction of Pipelines Register
(1)If the Secretary considers that a correction to the Pipelines Register is necessary, the Secretary may correct any error or omission in the Pipelines Register by—
(a)inserting an entry; or
(b)amending an entry; or
(c)omitting an entry.
(2)The Secretary may make the correction on the Secretary's initiative or on the application of any person.
(3)The Secretary must notify the licensee of any correction made under this section that affects the licence.
188Disclosure of registered information
(1)Subject to this section, the Secretary must—
(a)at all reasonable times, allow access to the Pipelines Register; and
(b)provide information from the Pipelines Register—
to any person who pays the prescribed fee.
(2)The Secretary must not allow access to the Pipelines Register or disclose any information from the Pipelines Register if the Secretary considers that the information is confidential or of a commercially sensitive nature.
189Offences
A person must not knowingly make, or cause or allow to be made, a false or unauthorised entry in the Pipelines Register.
Penalty:In the case of a natural person, 120 penalty units;
In the case of a body corporate, 600 penalty units.
PART 13—REGULATIONS
190Regulations
(1)The Governor in Council may make regulations for or with respect to any matter or thing which by this Act is required or permitted to be prescribed or which is necessary to be prescribed for carrying out the purposes of this Act.
(2)Without limiting subsection (1), the Governor in Council may make regulations for or with respect to—
(a)the granting and issuing of licences;
(b)pipeline operations including matters relating to health, safety and the environment;
(c)consultation plans for proposed pipelines;
(d)Safety Management Plans and Environment Management Plans, specifying the requirements and standards with which a Plan must comply;
(e)decommissioning plans for pipelines;
(f)entry onto land;
(g)fees and forms for the purposes of this Act.
(3)The regulations—
(a)may be of general or of specially limited application; and
(b)may differ according to differences in time, place or circumstance; and
(c)may require a matter affected by the regulations to be—
(i)in accordance with a specified standard or specified requirement; or
(ii)approved by or to the satisfaction of a specified person or a specified class of person; or
(iii)as specified in both subparagraphs (i) and (ii); and
(d)may apply, adopt or incorporate any matter contained in any document whether—
(i)wholly or partially or as amended by the regulations; or
(ii)as in force at a particular time or as in force from time to time; and
(e)may confer a discretionary authority or impose a duty on a specified person or a specified class of person; and
(f)may impose a penalty not exceeding 20 penalty units for a contravention of the regulations.
PART 14—TRANSITIONAL PROVISIONS
191Definition
In this Part—
commencement day means the date of commencement of section 213;
new Act licence has the meaning given by section 194;
old Act means the Pipelines Act 1967.
192General transitional provisions
This Part does not affect or take away from the Interpretation of Legislation Act 1984.
193Superseded references
(1)On and from the commencement day, in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind a reference to the old Act is (so far as it relates to any period after that commencement and unless the context otherwise requires) deemed to be a reference to this Act.
(2)On and from the commencement day, in any Act (other than this Act) or in any instrument made under any Act or in any other document of any kind a reference to a permit or licence under the old Act is (so far as it relates to any period after that commencement and unless the context otherwise requires) deemed to be a reference to a licence under this Act.
194Existing permits and licences
(1)A person who on the commencement day is the holder of a permit and a licence in force under the old Act in respect of a pipeline is deemed on and from that commencement to be the holder of a licence issued under this Act to construct and operate that pipeline (the new Act licence).
(2)Subject to this Part, the new Act licence is deemed to be issued on the same terms and conditions as those to which the permit and the licence under the old Act were subject.
(3)Despite anything to the contrary in the permit or licence under the old Act but subject to Part 5, the new Act licence is to remain in force indefinitely.
(4)The new Act licence for the pipeline is deemed for the purposes of section 60 to have been issued on the commencement day if—
(a)the construction of the pipeline for which the permit and licence was issued under the old Act had not commenced before the commencement day; and
(b)a time for commencement of that construction is not specified in the permit or licence under the old Act.
(5)The construction of the pipeline under the new Act licence is deemed for the purposes of section 61 to have commenced on the commencement day if—
(a)the construction of the pipeline for which the permit and licence was issued under the old Act had commenced but was not completed before the commencement day; and
(b)a time for completion of that construction is not specified in the permit or licence under the old Act.
(6)If there is any inconsistency between the terms and conditions of the permit and licence under the old Act and a provision of this Act or the regulations under this Act, the provision of this Act or the regulations under this Act prevails.
195Authorised route of existing pipeline
The authorised route of the pipeline under a new Act licence is deemed to be the authorised route for that pipeline existing under the old Act immediately before the commencement day.
196Application for permit for new pipeline
(1)An application for a permit made under section 9(1) of the old Act in respect of a new pipeline but not determined before the commencement day is deemed to be an application for a licence to construct and operate the pipeline under this Act (the new pipeline application).
(2)This Act (except Divisions 1 and 3 of Part 4 and section 28) applies to the new pipeline application.
(3)If an application for a licence had not been made before the commencement day in respect of the pipeline, the Minister may require the applicant for the permit to provide any further information that the Minister considers necessary or expedient to enable the Minister to consider and decide on the new pipeline application.
197Existing application for permit for existing pipeline
(1)An application made under section 9(1) or 28 of the old Act in respect of an existing pipeline but not determined before the commencement day is deemed to be an application for a licence to construct and operate the pipeline under this Act (the existing pipeline application).
(2)This Act (except Part 4 and section 28) applies to the existing pipeline application.
198New application for existing pipeline
Part 4 and section 28(2) of this Act do not apply to an application for a licence under this Act in respect of a pipeline existing on the commencement day.
199Application to vary authorised route of pipeline
(1)This section applies to an application made under section 12(4) of the old Act but not determined before the commencement day.
(2)The Minister must determine in respect of each application whether it is an application for a minor alteration or an application for a significant alteration in the authorised route of the pipeline.
(3)If the application is determined to be an application for a minor alteration, it is deemed to be an application under section 66 of this Act.
(4)If the application is determined to be an application for a significant alteration, it is deemed to be an application under section 68 of this Act.
200Application for consolidation of permits
An application made under section 12A of the old Act but not determined before the commencement day is deemed to be an application under Division 7 of Part 5 of this Act if it relates to a new Act licence.
201Application for variation of permit or licence
An application made under section 12B or 28A of the old Act but not determined before the commencement day is deemed to be an application under section 63 of this Act if it relates to a new Act licence.
202Application for consent to transfer permit or licence
An application made under section 14 or 28B of the old Act for consent to transfer a permit or licence but not determined before the commencement day is deemed to be an application under section 79 of this Act if it relates to a new Act licence.
203Authorisation to convey thing through pipeline
(1)An authorisation given in respect of a pipeline under section 16 of the old Act and existing on the commencement day is deemed to be an authorisation in respect of that pipeline under section 113 of this Act.
(2)An application made under section 16 of the old Act but not determined before the commencement day is deemed to be an application under section 113 of this Act.
204Direction to share use of pipeline
(1)A direction given by the Minister under section 17 of the old Act and existing on the commencement day is deemed to be a direction of the Minister under section 122 of this Act.
(2)An application made under section 17(3) of the old Act but not determined before the commencement day is deemed to be an application under section 122 of this Act.
205Compulsory acquisition
(1)If before the commencement day, the Minister had given permission under section 22 of the old Act to a compulsory acquisition of an easement over private land—
(a)section 22 of the old Act continues to apply to that acquisition and the acquisition may be completed as if that section had not been repealed; and
(b)Division 2 of Part 6 of this Act does not apply to that acquisition.
(2)Sections 22A to 22D of the old Act and Part 15A of Schedule 1 of the Victorian Civil and Administrative Tribunal Act 1998 continue to apply, despite their repeal, to any compulsory acquisition, relevant procedure, hearing or claim commenced under sections 22A to 22D but not determined or completed before the commencement day.
206Consent of Minister for operation of pipeline
A consent of the Minister given under section 35 of the old Act in respect of a pipeline to which a new Act licence applies and existing on the commencement day is deemed to be a relevant consent under section 108 of this Act.
207Continuation of hearing under section 41
A hearing by the Minister under section 41 of the old Act commenced but not completed before the commencement day may be continued and completed as if it were a hearing under section 120 of this Act.
208Deemed Safety Management Plan—gas pipeline
(1)This section applies in respect of a pipeline for the conveyance of gas—
(a)to which a new Act licence applies; and
(b)in respect of which a safety case accepted under section 40 of the Gas Safety Act 1997 exists on the commencement day.
(2)The accepted safety case is deemed for the purposes of this Act to be a Safety Management Plan accepted on the commencement day by Energy Safe Victoria under section 128 of this Act in respect of a pipeline operation that relates to the conveyance of gas through the pipeline.
(3)In this section gas has the same meaning as it has in the Gas Safety Act 1997.
209Deemed Safety Management Plan—Plans required by old regulations
(1)This section applies in respect of a pipeline (other than a pipeline to which section 208 applies)—
(a)to which a new Act licence applies; and
(b)in respect of which both an approved Construction Safety Plan and an approved Safety and Operating Plan required by regulation 19 of the Pipelines Regulations 2000 exist on the commencement day.
(2)The approved Construction Safety Plan and the approved Safety and Operating Plan are together deemed for the purposes of this Act to be a Safety Management Plan accepted on the commencement day by Energy Safe Victoria under section 128 of this Act in respect of any pipeline operation that relates to the pipeline.
(3)In this section—
approved Construction Safety Plan means an approved Construction Safety Plan in accordance with Australian Standard AS 2885.1—1997: Pipelines—Gas and liquid petroleum, Part 1: Design and construction published by Standards Australia as amended from time to time;
approved Safety and Operating Plan means an approved Safety and Operating Plan in accordance with Australian Standard AS 2885.3—1997: Pipelines—Gas and liquid petroleum, Part 3: Operation and maintenance published by Standards Australia as amended from time to time.
210Delayed operation of sections 126 and 127 for certain existing pipelines
(1)This section applies in respect of a pipeline—
(a)to which a new Act licence applies; and
(b)to which neither section 208 nor 209 applies.
(2)Despite anything to the contrary in this Act, sections 126 and 127 do not apply to a pipeline operation in respect of the pipeline until the day that is the first anniversary of the commencement day.
211Deemed Environment Management Plans—Plan required by existing licence
(1)This section applies in respect of a pipeline—
(a)to which a new Act licence applies; and
(b)in respect of which all of the following plans were submitted and approved under a condition of the licence for the pipeline under the old Act before the commencement day—
(i)a Construction Safety Plan and an Environment Management Plan for the construction of the pipeline; and
(ii)a Safety and Environment Management Plan for the operation and maintenance of the pipeline.
(2)The plans referred to in subsection (1) are together deemed for the purposes of this Act to be an Environment Management Plan accepted on the commencement day by the Minister under section 135 of this Act in respect of any pipeline operation that relates to the pipeline.
212Delayed operation of sections 133 and 134 for certain existing pipelines
(1)This section applies in respect of a pipeline—
(a)to which a new Act licence applies; and
(b)to which section 211 does not apply.
(2)Despite anything to the contrary in this Act, sections 133 and 134 do not apply to a pipeline operation in respect of the pipeline until the day that is the first anniversary of the commencement day.
* * * * *
SCHEDULES
SCHEDULE 1—PIPELINES EXCLUDED FROM ACT
Section 10
1Definitions
In this Schedule—
agricultural purposes includes using any land for—
(a)growing anything for consumable or decorative purposes;
(b)dairy or poultry farming;
(c)rearing any animal or bird;
(d)rearing any fish within the meaning of the Fisheries Act 1995;
(e)grazing land, pasture land or woodland;
agricultural unit means land which is occupied as a unit for agricultural purposes;
Specified Minimum Yield Stress means the minimum yield stress for a pipe material that is specified in the manufacturing standard with which the pipe complies.
2Exclusions
This Act does not apply to the following pipelines—
(a)a pipeline conveying hydrocarbons or other substances in a gaseous state where the pressure of the gas being conveyed through a pipe is not more than 1050 kPa and the circumferential stress does not exceed 20% of the Specified Minimum Yield Stress (SMYS);
(b)a pipeline entirely within a petroleum processing plant, refinery, factory, railway yard, airport or port (including any port within the meaning of the Port Management Act 1995);
(c)a pipeline entirely on land the freehold of which is owned or leased by a licensee and which is controlled by that licensee;
(d)a pipeline conveying hydrocarbons or other substances in a liquid state where—
(i)the length of any pipe situated outside the property to which the hydrocarbons are conveyed is not greater than 100 metres; or
(ii)the nominal internal diameter of any pipe is not greater than 100 millimetres in any place; or
(iii)the operating pressure, in respect of the pipe or system of pipes, is not greater than 345 kPa;
(e)a pipeline situated wholly within—
(i)a residential property or premises used for business and designed for use solely for the purposes of that property or premises;
(ii)a factory and designed for use solely for the purposes of the factory;
(iii)any premises used solely for education or research;
(iv)an agricultural unit and designed for use for agricultural purposes;
(f)a pipeline for water supply, drainage or sewerage (not including a pipeline for the conveyance of geothermal water within the meaning of the Geothermal Energy Resources Act 2005);
(g)a fixed hose.
SCHEDULE 2—PANEL HEARINGS
Section 45
1Directions about hearings
(1)A panel may give directions about—
(a)the times and places of hearings; and
(b)matters preliminary to hearings; and
(c)the conduct of hearings.
(2)A panel may refuse to hear any person who fails to comply with a direction of the panel.
2Hearings to be in public
A panel must conduct its hearings in public unless any person making a submission objects to making the submission in public and the panel is satisfied that the submission is of a confidential nature.
3General procedure for hearings
(1)In hearing submissions, a panel—
(a)must act according to equity and good conscience without regard to technicalities or legal forms; and
(b)is bound by the rules of natural justice; and
(c)is not required to conduct the hearing in a formal manner; and
(d)is not bound by the rules or practice as to evidence but may inform itself on any matter—
(i)in any way it thinks fit; and
(ii)without notice to any person who has made a submission.
(2)A panel may require the applicant or any other person or body to produce any documents relating to any matter being considered by the panel under this Act that it reasonably requires.
(3)A panel may prohibit or regulate cross-examination in any hearing.
(4)A panel may hear evidence and submissions from any person whom this Act requires it to hear.
(5)Submissions and evidence may be given to a panel orally or in writing or partly orally and partly in writing.
4Who may appear before a panel?
A person who has a right to be heard by a panel or who is called by a panel may—
(a)appear and be heard in person; or
(b)be represented by any other person.
5Effect of failure to attend hearing
A panel may report and make recommendations on a submission without hearing the person who made the submission if the person is not present or represented at the time and place appointed for the hearing of the submission.
6Panel may hear 2 or more submissions together
A panel may consider 2 or more submissions together if the submissions concern the same land or the same or a related matter.
7Adjournment of hearings
A panel may from time to time adjourn a hearing to any times and places and for any purposes it thinks necessary and on any terms as to costs or otherwise that it thinks just in the circumstances.
8Panel may regulate its own proceedings
A panel may regulate its own proceedings.
9Panel may take into account any relevant matter
A panel may take into account any matter it thinks relevant in making its report and recommendations.
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ENDNOTES
1 General information
See for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
Minister's second reading speech—
Legislative Assembly: 11 August 2005
Legislative Council: 8 September 2005
The long title for the Bill for this Act was "to re-enact with amendments the laws relating to the construction and operation of pipelines in Victoria, to repeal the Pipelines Act 1967 and for other purposes."
The Pipelines Act 2005 was assented to on 20 September 2005 and came into operation on 1 April 2007: Government Gazette 29 March 2007 page 532.
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A).
• Examples, diagrams or notes
All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A).
• Punctuation
All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B).
• Provision numbers
All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of an Act is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of an Act.
See section 36(3)(3D)(3E).
2 Table of Amendments
This publication incorporates amendments made to the Pipelines Act 2005 by Acts and subordinate instruments.
–––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––
Statute Law (Further Revision) Act 2006, No. 29/2006
Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 27) on 20.9.05: s. 2(2)(i) CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Energy Legislation (Hardship, Metering and Other Matters) Act 2006, No. 60/2006
Assent Date: 29.8.06 Commencement Date: S. 6 on 1.4.07: Government Gazette 29.3.07 p. 532 CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Energy and Resources Legislation Amendment Act 2008, No. 25/2008
Assent Date: 3.6.08 Commencement Date: Ss 17, 18 on 4.6.08: s. 2(1) CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
National Gas (Victoria) Act 2008, No. 30/2008
Assent Date: 17.6.08 Commencement Date: S. 43 on 1.7.08: Special Gazette (No. 184) 1.7.08 p. 1 CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Labour and Industry (Repeal) Act 2008, No. 62/2008
Assent Date: 5.11.08 Commencement Date: S. 9 on 6.11.08: s. 2 CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Transport Integration Act 2010, No. 6/2010 (as amended by No. 45/2010)
Assent Date: 2.3.10 Commencement Date: S. 203(1)(Sch. 6 item 34) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010
Assent Date: 23.3.10 Commencement Date: S. 800(Sch. 6 item 12) on 1.1.12: s. 2(2) CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010
Assent Date: 17.8.10 Commencement Date: S. 53 on 1.9.10: Special Gazette (No. 337) 24.8.10 p. 1 CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Energy and Resources Legislation Amendment Act 2010, No. 55/2010
Assent Date: 14.9.10 Commencement Date: Ss 81–83 on 14.10.10: Government Gazette 14.10.10 p. 2404 CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Traditional Owner Settlement Act 2010, No. 62/2010
Assent Date: 21.9.10 Commencement Date: S. 145 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Statute Law Revision Act 2011, No. 29/2011
Assent Date: 21.6.11 Commencement Date: S. 3(Sch. 1 item 69) on 22.6.11: s. 2(1) CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Resources Legislation Amendment Act 2011, No. 53/2011
Assent Date: 18.10.11 Commencement Date: Ss 15–19 on 1.7.12: Special Gazette (No. 194) 13.6.12 p. 1 CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Statute Law Revision Act 2012, No. 43/2012
Assent Date: 27.6.12 Commencement Date: S. 3(Sch. 1 item 38) on 28.6.12: s. 2(1) CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Resources Legislation Amendment (General) Act 2012, No. 64/2012
Assent Date: 30.10.12 Commencement Date: Ss 69–72 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1 CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Statute Law Revision Act 2013, No. 70/2013
Assent Date: 19.11.13 Commencement Date: S. 4(Sch. 2 item 35) on 1.12.13: s. 2(1) CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, No. 68/2014
Assent Date: 23.9.14 Commencement Date: Ss 72–101 on 1.9.15: s. 2(3) CurrentState: This information relates only to the provision/s amending the Pipelines Act 2005
Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020, No. 4/2020
Assent Date: 25.2.20 Commencement Date: Ss 51–53 on 1.1.21: s. 2(2) Current State: This information relates only to the provision/s amending the Pipelines Act 2005
Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021, No. 26/2021
Assent Date: 28.6.21 Commencement Date: S. 44 on 29.6.21: s. 2 Current State: This information relates only to the provision/s amending the Pipelines Act 2005
Energy Legislation Amendment (Energy Safety) Act 2023, No. 22/2023
Assent Date: 22.8.23 Commencement Date: Ss 59–74 on 16.5.24: s. 2(2) Current State: This information relates only to the provision/s amending the Pipelines Act 2005
Energy and Land Legislation Amendment (Energy Safety) Act 2025, No. 13/2025
Assent Date: 20.5.25 Commencement Date: S. 91 on 21.5.25: s. 2(1) Current State: This information relates only to the provision/s amending the Pipelines Act 2005
Statute Law Revision Act 2025, No. 41/2025
Assent Date: 21.10.25 Commencement Date: S. 4(Sch. 2 item 22) on 22.10.25: s. 2 Current State: This information relates only to the provision/s amending the Pipelines Act 2005
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3 Explanatory details
No entries at date of publication.
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