Untitled document

Energy and Resources Legislation Amendment Act 2009

No. 57 of 2009

table of provisions

Section  Page

Part 1—Preliminary

1Purpose

2Commencement

Part 2—Amendment of Electricity Industry Act 2000

3Internet publication and bill notification of licensee standing offers

Part 3—Amendment of Electricity Safety Act 1998

4Definitions

5Electrical workers

6Section 67 repealed—proclaimed electrical equipment

7New section 68 substituted and new section 68A inserted

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

68AExemptions from energy efficiency

8Application to review

9New Heading to Part 7 inserted

10New section 75 substituted

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

11Regulations—safety management schemes

12Regulations—equipment efficiency

Part 4—Amendment of Electricity Safety Amendment Act 2007

13Definitions

14Section 5 amended

15Section 6 repealed

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

Part 5—Amendment of Gas Industry Act 2001

17Internet publication and bill notification of licensee standing offers

18Definitions

Part 6—Amendment of Gas Safety Act 1997

19New section 68AA inserted

68AADefinition

20New section 69B inserted

69BApproval of label for Type A appliances

21Offence to install certain Type A appliances

22Offence to supply or sell unaccepted appliances

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

23Definitions

24New section 7C inserted

7CMinisterial Order declaring specified mines and
quarries

25New Division 9 inserted into Part 2

Division 9—Mine stability levy for Latrobe Valley

38AAADefinitions

38AABMine stability levy imposed

38AACWho is liable for mine stability levy?

38AADAmount of the mine stability levy

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

26Work plans

27New sections 41AB to 41AE inserted

41ABReporting requirements for declared mines

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

41ADLicensee to submit area plan work schedule

41AEVariation application must be made if mine is
declared

28Planning permits not required for some work variations

29Commencement of work under exploration licence

30New section 116A inserted

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

31Delegation

32Regulations

Part 8—Amendment of Resources Industry Legislation Amendment Act 2009

33Work plans

34New proposed sections 77KA and 77KB inserted

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

77KBVariation application must be made if quarry is
declared

Part 9—Amendment of Petroleum Act 1998

35Definitions

36Meaning of gathering line

37New Part 6A inserted

Part 6A—Special drilling authorisations

95ASpecial drilling authorisation

95BApplication for special drilling authorisation

95CGeneral criteria the Minister must consider

95DCriteria that apply to permit, lease and licence areas

95EException to section 95D

95FMinister may vary area to which authorisation applies

95GAuthorisation does not give exclusive rights

95HTerm of authorisation

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

95JAuthorisation holder must give data to the Minister

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

38Transfers

39New section 107A inserted

107ATransfers in relation to special drilling authorisations

40Partial transfer of permits and licences

41New sections 113A and 113B inserted

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

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

Part 10—Consequential Amendments and Repeal
of Amending Act

Division 1—Consequential amendments

42Aboriginal Heritage Act 2006

43Savings provision for Electricity Safety Act 1998

165Savings provision—proclaimed electrical equipment

Division 2—Repeal of amending Act

44Repeal of amending Act

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Endnotes

Energy and Resources Legislation Amendment Act 2009

No. 57 of 2009

[Assented to 21 October 2009]

The Parliament of Victoria enacts:

Part 1—Preliminary

1Purpose

The main purpose of this Act is to amend—

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

(b)the Electricity Safety Act 1998—

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

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

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

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

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

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

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

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

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

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

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

2Commencement

(1)Subject to subsection (2), this Act comes into operation on a day or days to be proclaimed.

(2)If a provision of this Act does not come into operation before 1 September 2010, it comes into operation on that day.

__________________

Part 2—Amendment of Electricity Industry Act 2000

3Internet publication and bill notification of licensee standing offers

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

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Part 3—Amendment of Electricity Safety Act 1998

4Definitions

In section 3 of the Electricity Safety Act 1998—

(a)insert the following definitions—

"complex electrical installation means an electrical installation that—

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

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

energy efficiency electrical equipment means electrical equipment that is prescribed as energy efficiency electrical equipment for the purposes of Part 5;

major electricity company means—

(a)a distribution company; or

(b)a transmission company—

but does not include a distribution company or a transmission company, or a class of distribution company or transmission company, declared under section 3A not to be a major electricity company;";

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

(c)in the definition of practicable, for "sections 111 and 119" substitute "Part 10";

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

(e)the definition of network operator is repealed;

(f)the definition of upstream network is repealed.

5Electrical workers

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

6Section 67 repealed—proclaimed electrical equipment

Section 67 of the Electricity Safety Act 1998 is repealed.

7New section 68 substituted and new section 68A inserted

For section 68 of the Electricity Safety Act 1998 substitute—

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

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

Penalty:50 penalty units.

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

Penalty:50 penalty units.

68AExemptions from energy efficiency

(1)Energy Safe Victoria, on the application of a supplier of energy efficiency electrical equipment, or on its own initiative, may exempt that equipment for the purposes of section 68.

(2)An exemption must be published in the Government Gazette.

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

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

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

(a)be in writing; and

(b)contain details of—

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

(ii)the exemption requested; and

(iii)the reasons for the exemption; and

(c)be accompanied by—

(i)any relevant technical information; and

(ii)the prescribed application fee.

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

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

8Application to review

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

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

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

"(f)a decision under section 68A—

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

(ii)to revoke an exemption.".

9New Heading to Part 7 inserted

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

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

10New section 75 substituted

For section 75 of the Electricity Safety Act 1998 substitute—

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

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

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

(b)are safe and operated safely.

Penalty:1500 penalty units.

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

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

(b)are safe and operated safely.

Penalty:1500 penalty units.".

11Regulations—safety management schemes

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

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

12Regulations—equipment efficiency

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

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

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

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

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

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

__________________

Part 4—Amendment of Electricity Safety Amendment Act 2007

13Definitions

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

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

14Section 5 amended

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

15Section 6 repealed

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

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

(1)In section 7 of the Electricity Safety Amendment Act 2007, in the heading to proposed section 116 of the Electricity Safety Act 1998, for "network operator" substitute "owner of complex electrical installation".

(2)In section 7 of the Electricity Safety Amendment Act 2007, in proposed section 116(1) of the Electricity Safety Act 1998—

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

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

(3)In section 7 of the Electricity Safety Amendment Act 2007, in proposed section 116(3) of the Electricity Safety Act 1998, for "network operator" substitute "owner of the complex electrical installation".

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

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

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

(5)In section 7 of the Electricity Safety Amendment Act 2007, in proposed section 120A(1)(c) of the Electricity Safety Act 1998—

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

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

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

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

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

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

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

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

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

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

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

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

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

__________________

Part 5—Amendment of Gas Industry Act 2001

17Internet publication and bill notification of licensee standing offers

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

18Definitions

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

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

__________________

Part 6—Amendment of Gas Safety Act 1997

19New section 68AA inserted

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

"68AA   Definition

In this Division—

ESV approved label means a label approved by Energy Safe Victoria under section 69B.".

20New section 69B inserted

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

"69B   Approval of label for Type A appliances

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

21Offence to install certain Type A appliances

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

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

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

(b)an ESV approved label affixed to it.

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

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

22Offence to supply or sell unaccepted appliances

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

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

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

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

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

(b)an ESV approved label affixed to it.

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

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

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

23Definitions

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

"area work plan schedule means an area work plan schedule submitted under section 41AD;

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

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

24New section 7C inserted

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

"7C   Ministerial Order declaring specified mines and quarries

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

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

(a)public safety; or

(b)the environment; or

(c)infrastructure.".

25New Division 9 inserted into Part 2

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

"Division 9—Mine stability levy for Latrobe Valley

38AAADefinitions

In this Division—

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

Latrobe Valley region coal mine means a coal mine that—

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

(b)is situated within the Latrobe Valley region;

mine stability levy means the levy referred to in section 38AAB.

38AABMine stability levy imposed

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

38AACWho is liable for mine stability levy?

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

38AADAmount of the mine stability levy

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

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

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

26Work plans

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

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

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

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

(2)After section 40(3)(a) of the Mineral Resources (Sustainable Development) Act 1990 insert—

"(ab)if the licence is a mining licence relating to a declared mine, in addition to the prescribed information referred to in paragraph (a), prescribed mine stability requirements and processes; and".

27New sections 41AB to 41AE inserted

After section 41A of the Mineral Resources (Sustainable Development) Act 1990 insert—

"41AB   Reporting requirements for declared mines

A holder of a licence in respect of a declared mine must provide a report containing the prescribed particulars to the Department Head in accordance with the regulations.

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

(1)A licensee must report to the Chief Inspector in accordance with the regulations a reportable event at the mine as soon as practicable after the reportable event occurs.

(2)In this section, reportable event means an event prescribed as a reportable event for the purposes of this section.

41ADLicensee to submit area plan work schedule

(1)A licensee who has lodged an area work plan must not carry out any work on the land to which the area work plan relates unless the licensee has submitted to the Department Head, not less than 21 days before carrying out that work, an area work plan schedule containing the prescribed information in relation to that work plan.

(2)If an approved cultural heritage management plan (within the meaning of the Aboriginal Heritage Act 2006) is required under that Act or regulations made under that Act in respect of work on land to which an area work plan relates, an area work plan schedule is taken not to have been submitted under subsection (1) unless the area work plan schedule is accompanied by a copy of the approved cultural heritage management plan.

(3)An area work plan schedule that is required to be submitted with a copy of an approved cultural heritage management plan under subsection (2) must be consistent with the approved cultural heritage management plan.

(4)In this section, area work plan means a work plan that has been—

(a)lodged under section 40(1AA)(b); and

(b)approved under section 40.

41AEVariation application must be made if mine is declared

(1)If the Minister declares by Order under section 7C that a specified mine is a declared mine, the licensee in respect of the declared mine, within 60 days after the declaration, must make an application to vary the approved work plan in respect of the declared mine.

(2)The application must contain the prescribed mine stability requirements and processes.

(3)Sections 41(2) to (9) apply to an application lodged under this section.".

28Planning permits not required for some work variations

(1)In section 42A(2) of the Mineral Resources (Sustainable Development) Act 1990, after "that work" insert "only".

(2)In section 42A(2)(b) of the Mineral Resources (Sustainable Development) Act 1990, for "Minister" substitute "Department Head".

(3)In section 42A(3)(d) of the Mineral Resources (Sustainable Development) Act 1990, for "Minister" substitute "Department Head".

29Commencement of work under exploration licence

After section 43(1)(a) of the Mineral Resources (Sustainable Development) Act 1990 insert—

"(ab)in the case of an area work plan within the meaning of section 41AD(4), the licensee has submitted the relevant area work plan schedule containing the prescribed information to the Department Head not less than 21 days before carrying out any work on the land affected; and".

30New section 116A inserted

After section 116 of the Mineral Resources (Sustainable Development) Act 1990 insert—

"116A   Holder of extractive industry work authority or consent to supply information

(1)The holder of an extractive industry work authority must (in the prescribed form and at the prescribed times) furnish to the Minister the prescribed information relating to work done under the extractive industry work authority.

Penalty:20 penalty units.

(2)The holder of a consent under section 77A must (in the prescribed form and at the prescribed times) furnish to the Minister the prescribed information relating to any surveys and other operations authorised by the consent.

Penalty:20 penalty units.

(3)A document furnished under subsection (1) or (2) is the property of the Crown and may be made available by the Minister for inspection by the public at any time after the extractive industry work authority or consent under section 77A ceases to be in force.".

31Delegation

After section 120(2) of the Mineral Resources (Sustainable Development) Act 1990 insert—

"(3)The Department Head may, by instrument, delegate to any employee in the Department any power or function the Department Head has as a referral authority under the Planning and Environment Act 1987 or regulations under that Act.".

32Regulations

After section 124(1)(l) of the Mineral Resources (Sustainable Development) Act 1990 insert—

"(m)the method by which the amount of a mine stability levy is determined; and

(n)the date by which the mine stability levy or a part of the mine stability levy must be paid; and

(o)the method by which the mine stability levy or a part of the mine stability levy must be paid; and

(oa)the period to which the mine stability levy will relate; and

(ob)prescribing requirements for licensees or holders of extractive industry work authorites that relate to geotechnical or hydrogeological risks to public safety, the environment or infrastructure; and".

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Part 8—Amendment of Resources Industry Legislation Amendment Act 2009

33Work plans

In section 20 of the Resources Industry Legislation Amendment Act 2009, after proposed section 77G(3)(a) of the Mineral Resources (Sustainable Development) Act 1990 insert—

"(ab)if the extractive industry work authority relates to a declared quarry, in addition to the prescribed information referred to in paragraph (a), prescribed quarry stability requirements and processes; and".

34New proposed sections 77KA and 77KB inserted

In section 20 of the Resources Industry Legislation Amendment Act 2009, after proposed section 77K of the Mineral Resources (Sustainable Development) Act 1990 insert—

"77KA   Chief Inspector to be notified of reportable events in relation to quarries

(1)The holder of an extractive industry work authority who carries out an extractive industry at a quarry must report to the Chief Inspector in accordance with the regulations a reportable event at the quarry as soon as practicable after the reportable event occurs.

(2)In this section, reportable event means an event prescribed as a reportable event for the purposes of this section.

77KBVariation application must be made if quarry is declared

(1)If the Minister declares by Order under section 7C that a specified quarry is a declared quarry, the holder of an extractive industry work authority in respect of the declared quarry, within 60 days after the declaration, must make an application to vary the approved work plan in respect of the declared quarry.

(2)The application must contain the prescribed quarry stability requirements and processes.

(3)Sections 77H(2) to (8) apply to an application lodged under this section.".

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Part 9—Amendment of Petroleum Act 1998

35Definitions

In section 4 of the Petroleum Act 1998—

(a)insert the following definitions—

"current authority holder means a holder of a primary authorisation;

drilling authorisation area means the area specified in a special drilling authorisation granted under Part 6A;

primary authorisation means—

(a)an exploration permit; or

(b)a retention lease; or

(c)a production licence; or

(d)a P(SL)A lease; or

(e)a P(SL)A licence; or

(f)a P(SL)A permit;

P(SL)A lease means a lease within the meaning of the Petroleum (Submerged Lands) Act 1982;

P(SL)A licence means a licence within the meaning of the Petroleum (Submerged Lands) Act 1982;

P(SL)A permit means a permit within the meaning of the Petroleum (Submerged Lands) Act 1982;";

(b)in the definition of authority, for "or a special access" substitute ", special access authorisation or a special drilling".

36Meaning of gathering line

In section 82 of the Petroleum Act 1998—

(a)after "production licence area" insert
"or drilling authorisation area";

(b)after "that area" insert "or from a drilling authorisation area to a production licence area".

37New Part 6A inserted

After Part 6 of the Petroleum Act 1998 insert—

"Part 6A—Special drilling authorisations

95ASpecial drilling authorisation

(1)A special drilling authorisation authorises a current authority holder to—

(a)in the case of the holder of an exploration permit, retention lease, P(SL)A permit or a P(SL)A lease—

(i)carry out petroleum exploration operations in the drilling authorisation area; and

(ii)do anything in the drilling authorisation area that is necessary for the purposes of subparagraph (i);

(b)in the case of a holder of a production licence or a P(SL)A licence—

(i)carry out petroleum production in the area specified in the drilling authorisation area; and

(ii)do anything in the drilling authorisation area that is necessary for the purposes of subparagraph (i).

(2)A special drilling authorisation does not give a current authority holder any rights in respect of resources in the drilling authorisation area.

95BApplication for special drilling authorisation

(1)A current authority holder may apply to the Minister for the grant of a special drilling authorisation in respect of an area (other than an area to which the Petroleum (Submerged Lands) Act 1982 applies) adjacent to the area set out in a primary authorisation held by the holder.

(2)In addition to complying with section 96, an applicant for a special drilling authorisation must—

(a)describe and precisely identify the area in respect of which the authorisation is sought; and

(b)describe in detail the operations that the person seeks to carry out in that area; and

(c)submit details of—

(i)its relevant technical qualifications and of the relevant technical qualifications of its employees; and

(ii)the relevant technical advice available to it; and

(iii)the financial resources available to it.

95CGeneral criteria the Minister must consider

(1)The Minister must not grant an application for an authorisation unless the Minister is satisfied that the applicant holds a primary authorisation in respect of an area that is adjacent to the proposed drilling authorisation area.

(2)The Minister must not grant an authorisation in respect of an area unless the Minister is satisfied that the size of the area is appropriate having regard to the operations proposed in respect of the area by the person applying for the authorisation.

95DCriteria that apply to permit, lease and licence areas

(1)This section applies if any part of the area in respect of which a special drilling authorisation is sought falls within an area that is the subject of an exploration permit, a retention lease or a production licence held by a current authority holder who is not the applicant.

(2)The Minister must not grant an authorisation in respect of that part of the area unless that current authority holder has consented in writing to the issue of the authorisation in respect of that part of the area.

95EException to section 95D

Despite section 95D(2), the Minister may grant a special drilling authorisation in respect of an area that is the subject of a primary authorisation held by a current authority holder who is not the applicant without the consent of that holder if—

(a)the Minister—

(i)notifies that holder in writing that the Minister is proposing to exercise the Minister's powers under this section, and of the reasons why the Minister is proposing to do so; and

(ii)gives that holder 28 days to make any submissions it wishes in relation to the proposal; and

(b)the Minister considers any submissions made in response to the notice and also takes into account any commercial consequences to that holder that may be likely if the authorisation is granted.

95FMinister may vary area to which authorisation applies

In granting a special drilling authorisation, the Minister may vary in any way the Minister considers appropriate the size or the boundaries of the area in respect of which the authorisation was sought.

95GAuthorisation does not give exclusive rights

(1)The Minister may grant a special drilling authorisation in respect of an area, or any part of an area, that is already the subject of another special drilling authorisation.

(2)The Minister must not grant a special drilling authorisation in respect of an area, or any part of an area, that is already the subject of another special drilling authorisation unless—

(a)the Minister has taken into account the work program of the current holder of the special drilling authorisation; and

(b)the Minister is satisfied that the operations proposed to be carried out under the authorisation will not be detrimental to, or unduly interfere with, any current or proposed future operations of the current holder of the special drilling authorisation; and

(c)the current holder of the special drilling authorisation has consented in writing to the issue of another special drilling authorisation in respect of that part of the area.

(3)The Minister may grant an exploration permit, a retention lease or a production licence in respect of an area, or any part of an area, that is already the subject of a special drilling authorisation.

95HTerm of authorisation

A special drilling authorisation continues in force for the period specified in the authorisation by the Minister—

(a)until it is cancelled by the Minister; or

(b)until it is surrendered; or

(c)until a primary authorisation in respect of or adjacent to the drilling authorisation area specified in the authorisation expires or is surrendered, cancelled or terminated; or

(d)unless this Act otherwise provides.

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

(1)This section applies if any part of the drilling authorisation area falls within an area that is the subject of a primary authorisation held by a current authority holder that is not the holder of a special drilling authorisation.

(2)The current authority holder is not liable in any way for any thing that is done or not done by the holder of the special drilling authorisation.

(3)Subsection (2) applies even if the current authority holder consented to the granting of the special drilling authorisation in respect of the drilling authorisation area.

95JAuthorisation holder must give data to the Minister

(1)The holder of a special drilling authorisation must give a copy of all factual information obtained as a result of operations carried out under the authorisation to the Minister within 30 days of the information being obtained.

Penalty:60 penalty units.

(2)A reference to factual information in this section includes any report compiled on the basis of information obtained under the authorisation.

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

(1)This section applies if any part of a special drilling authorisation area falls within an area that is the subject of an exploration permit, a retention lease or a production licence held by a current authority holder who is not the holder of the special drilling authorisation.

(2)The holder of the permit, lease or licence must give a copy of any factual information obtained as a result of operations carried out under the authorisation in that part of the area to that holder within 30 days after completing in that part of the area the operations from which the information was obtained.

(3)If there is an agreement between the holder of the authorisation and the current authority holder in relation to the supply of the information, that agreement prevails over anything to the contrary in this section.

(4)A person must not impose any conditions on the supply of information under this section.

(5)A person must comply with any obligation imposed on it by this section.

Penalty:60 penalty units.

__________________".

38Transfers

In section 107(1) of the Petroleum Act 1998, after "an authority" insert ", other than a special drilling authorisation,".

39New section 107A inserted

After section 107 of the Petroleum Act 1998 insert—

"107A   Transfers in relation to special drilling authorisations

(1)This section applies if a primary authorisation that is the basis for a special drilling authorisation granted under Part 6A is transferred under this Act or the Petroleum (Submerged Lands) Act 1982.

(2)Despite anything to the contrary in this Act, the special drilling authorisation to which that primary authorisation relates is taken to be transferred to the person to whom the primary authorisation is transferred on the same day the primary authorisation is transferred.".

40Partial transfer of permits and licences

After section 110(5) of the Petroleum Act 1998 insert—

"(6)If the area that is the subject of an application under subsection (1) is also the subject of a special drilling authorisation, an applicant for a transfer under this section must specify in the application—

(a)that the applicant is retaining the special drilling authorisation for that part of the area that is not being transferred; or

(b)that the applicant is transferring the special drilling authorisation to the other person.".

41New sections 113A and 113B inserted

After section 113 of the Petroleum Act 1998 insert—

"113A   Special drilling authorisation suspended or cancelled if primary authorisation suspended or cancelled

(1)If a primary authorisation that is the basis for a special drilling authorisation granted under Part 6A is cancelled under this Act or the Petroleum (Submerged Lands) Act 1982, the special drilling authorisation that relates to that primary authorisation is taken to be cancelled on the same day the primary authorisation is cancelled.

(2)If a primary authorisation that is the basis for a special drilling authorisation granted under Part 6A is suspended under this Act or the Petroleum (Submerged Lands) Act 1982, the special drilling authorisation that relates to that primary authorisation is taken to be suspended on the same day the primary authorisation is suspended.

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

(1)If a primary authorisation that is the basis for a special drilling authorisation granted under Part 6A expires under this Act or the Petroleum (Submerged Lands) Act 1982, the special drilling authorisation that relates to that primary authorisation is taken to expire on the same day the primary authorisation expires.

(2)If a primary authorisation that is the basis for a special drilling authorisation granted under Part 6A is terminated under the Petroleum (Submerged Lands) Act 1982, the special drilling authorisation that relates to that primary authorisation is taken to be terminated on the same day the primary authorisation is terminated. " .

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Part 10—Consequential Amendments and Repeal of Amending Act

Division 1—Consequential amendments

42Aboriginal Heritage Act 2006

In section 50 of the Aboriginal Heritage Act 2006, in paragraph (c) of the definition of statutory authorisation, after "authorisation" insert "other than an area work plan within the meaning of section 41AD(4) of the Mineral Resources (Sustainable Development) Act 1990".

43Savings provision for Electricity Safety Act 1998

After section 164 of the Electricity Safety Act 1998 insert—

"165   Savings provision—proclaimed electrical equipment

On the day section 7 of the Energy and Resources Legislation Amendment Act 2009 comes into operation, electrical equipment that was proclaimed electrical equipment immediately before the repeal of section 67 by section 6 of that Act is taken to be energy efficiency electrical equipment for the purposes of Part 5.".

Division 2—Repeal of amending Act

44Repeal of amending Act

This Act is repealed on 1 September 2011.

Note

The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984).

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Endnotes

Minister's second reading speech—

Legislative Assembly: 12 August 2009

Legislative Council: 3 September 2009

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