Untitled document
Energy and Resources Legislation Amendment Act 2008
No. 25 of 2008
TABLE OF PROVISIONS
Section Page
PART 1—PRELIMINARY
1Purposes
2Commencement
PART 2—AMENDMENT OF ELECTRICITY SAFETY ACT 1998
3Registration of electrical contractors
4Repeal of redundant provisions
5Increased penalty—Certificate of inspection
6Section 93 substituted and new section 93A inserted
93Operation of cathodic protection systems
93AEvidentiary provision—operation of cathodic protection systems
7Infringement notices
8Substitution of section 140A consequential to commencement of Part 2 of the Electricity Safety Amendment Act 2007
PART 3—AMENDMENT OF GEOTHERMAL ENERGY RESOURCES ACT 2005
9Procedure if tender does not result in the granting of a permit
10New section 23A inserted
23APriority of competing applications in respect of same land
11Right to apply for lease
PART 4—AMENDMENT OF MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990
12Variation of work plan on application of a licensee
13Amendment of reference to regulations
14Tourist fossicking authority
15Increased penalty—obligation of holder of tourist fossicking authority
16Repeal of redundant provisions
PART 5—AMENDMENT OF PIPELINES ACT 2005
17Increased penalties for certain offences
18Applicant for compulsory acquisition of easement to comply
with approved consultation plan
PART 6—AMENDMENT OF OTHER ACTS
19Amendment of Electricity Industry Act 2000
20Amendment of Electricity Safety Amendment Act 2007
21Amendment of Petroleum Act 1998
PART 7—REPEAL OF AMENDING ACT
22Repeal of amending Act
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ENDNOTES
Energy and Resources Legislation Amendment Act 2008
No. 25 of 2008
[Assented to 3 June 2008]
The Parliament of Victoria enacts:
PART 1—PRELIMINARY
1Purposes
The main purposes of this Act are—
(a)to amend the Electricity Safety Act 1998—
(i)to provide further for the regulation of the operation of cathodic protection systems; and
(ii)to enable electrical contractors to be registered for periods of up to five years; and
(iii)to increase the penalty for an offence under that Act; and
(b)to amend the Electricity Safety Amendment Act 2007 to increase the penalty for an offence; and
(c)to amend the Geothermal Energy Resources Act 2005—
(i)to provide further for competitive tendering for exploration permits; and
(ii)to require applications for retention leases to be made at least 90 days before the expiry of an exploration permit; and
(d)to amend the Mineral Resources (Sustainable Development) Act 1990—
(i)to clarify that a tourist fossicking authority may be granted to a body corporate; and
(ii)to repeal certain redundant provisions; and
(iii)to increase the penalty for an offence under that Act; and
(e)to amend the Petroleum Act 1998 to require applications for retention leases to be made at least 90 days before the expiry of an exploration permit; and
(f)to amend the Pipelines Act 2005 to increase the penalties for certain offences; and
(g)to make other miscellaneous amendments to those Acts and to the Electricity Industry Act 2000.
2Commencement
(1)This Act, other than section 8, comes into operation on the day after the day on which it receives the Royal Assent.
(2)Subject to subsection (3), section 8 comes into operation on a day to be proclaimed.
(3)If section 8 does not come into operation before 1 January 2010, it comes into operation on that day.
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PART 2—AMENDMENT OF ELECTRICITY SAFETY ACT 1998
3Registration of electrical contractors
In section 31(4) of the Electricity Safety Act 1998, for "one year" substitute "up to 5 years determined by Energy Safe Victoria and specified in the register kept under section 33".
4Repeal of redundant provisions
Sections 34(2)(a) and 41(2)(a) of the Electricity Safety Act 1998 are repealed.
5Increased penalty—Certificate of inspection
For the penalty at the foot of section 45(4) of the Electricity Safety Act 1998 substitute—
"Penalty:50 penalty units.".
6Section 93 substituted and new section 93A inserted
For section 93 of the Electricity Safety Act 1998 substitute—
"93 Operation of cathodic protection systems
(1)The owner of a cathodic protection system must not operate or allow another person to operate that system unless it is registered by Energy Safe Victoria in accordance with the regulations.
Penalty:In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
(2)The owner of a cathodic protection system must ensure that the system is operated in accordance with—
(a)this Act and the regulations; and
(b)any conditions to which the registration is subject.
Penalty:In the case of a natural person, 200 penalty units;
In the case of a body corporate, 1000 penalty units.
93AEvidentiary provision—operation of cathodic protection systems
(1)This section applies if—
(a)the person operating a cathodic protection system is not the owner of that system; and
(b)that person is operating that system under the authority or with the consent of the owner of that system.
(2)The owner of a cathodic protection system is not guilty of an offence under section 93(2) if the owner reasonably believed that the system was operated by the person in accordance with—
(a)this Act and the regulations; and
(b)any conditions to which the registration is subject.".
7Infringement notices
In section 140A of the Electricity Safety Act 1998, for the definition of prescribed offence substitute—
"prescribed offence means—
(a)an offence against section 30, 32, 35(1), 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b), 43(4), 44(2), 44(3), 45(1), 45(2), 45(3), 45(4), 45A(1), 45A(3), 45B(4), 45B(9)(a), 45B(9)(b), 54, 57(2), 60(2), 68, 76(1), 77(1), 77(2), 77(3), 78, 83A(1), 83A(3), 83B(1), 104(3), 105(4), 114A(4), 115(1), 117(1) or 142(2); or
(b)an offence against a provision of the regulations that is prescribed.".
8Substitution of section 140A consequential to commencement of Part 2 of the Electricity Safety Amendment Act 2007
In section 140A of the Electricity Safety Act 1998, for the definition of prescribed offence substitute—
"prescribed offence means—
(a)an offence against section 30, 32, 35(1), 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b), 43(4), 44(2), 44(3), 45(1), 45(2), 45(3), 45(4), 45A(1), 45A(3), 45B(4), 45B(9)(a), 45B(9)(b), 54, 57(2), 60(2), 68, 76(1), 77(1), 77(2), 77(3), 78, 83A(1), 83A(3), 83B(1), 108, 110, 119, 120B, 120H(4) or 142(2); or
(b)an offence against a provision of the regulations that is prescribed.".
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PART 3—AMENDMENT OF GEOTHERMAL ENERGY RESOURCES ACT 2005
9Procedure if tender does not result in the granting of a permit
(1)For section 23(2) of the Geothermal Energy Resources Act 2005 substitute—
"(2)The Minister may—
(a)invite further applications for an exploration permit for the relevant area; or
(b)commence a new tender process under section 18.".
(2)In section 23(3) of the Geothermal Energy Resources Act 2005—
(a)for "Sections 18" substitute "Sections 19";
(b)for "subsection (2)" substitute "subsection (2)(a)".
(3)After section 23(3) of the Geothermal Energy Resources Act 2005 insert—
"(3A)If the Minister invites further applications under subsection (2)(a) the Minister may specify—
(a)new chief factors that will be considered by him or her in assessing those applications; and
(b)the date by which applications must be made.
(3B)If the Minister specifies new chief factors under subsection (3A), the Minister must state whether he or she will also consider the chief factors originally specified under section 18.".
(4)In section 23(4) of the Geothermal Energy Resources Act 2005, after "application" insert
"in response to an invitation under subsection (2)(a)".
10New section 23A inserted
After section 23 of the Geothermal Energy Resources Act 2005 insert—
"23A Priority of competing applications in respect of same land
(1)If more than one application under section 23(2)(a) is received on the same day in respect of the same land, the Minister must assign an order of priority to those applications.
(2)In assessing the order of priority under subsection (1), the Minister must take into account the chief factors set out in sections 20(2)(a) to 20(2)(e).
(3)The application that has been assigned the highest priority under this section must be assessed without regard to anything contained in applications having a lower priority.".
11Right to apply for lease
At the end of section 34 of the Geothermal Energy Resources Act 2005 insert—
"(2)An application for a retention lease must be made at least 90 days before the applicant's exploration permit is due to expire.
(3)Despite subsection (2), the Minister may on the payment of any late fee required by the regulations consider an application for a retention lease that does not comply with that subsection.".
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PART 4—AMENDMENT OF MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990
12Variation of work plan on application of a licensee
In section 41(6) of the Mineral Resources (Sustainable Development) Act 1990, for "subsection (4)" substitute "subsection (3)".
13Amendment of reference to regulations
In section 43B(2) of the Mineral Resources (Sustainable Development) Act 1990, for "Fire Protection Regulations 1992" substitute "Forests (Fire Protection) Regulations 2004".
14Tourist fossicking authority
(1)In section 59(1) of the Mineral Resources (Sustainable Development) Act 1990, after "the holder" (where first occurring) insert
", or any employee or agent of the holder if the holder is not a natural person,".
(2)In section 59(1A) of the Mineral Resources (Sustainable Development) Act 1990, for "the holder is entitled" substitute "the holder, or any employee or agent of the holder if the holder is not a natural person, are entitled".
15Increased penalty—obligation of holder of tourist fossicking authority
For the penalty at the foot of section 62(3) of the Mineral Resources (Sustainable Development) Act 1990 substitute—
"Penalty:50 penalty units.".
16Repeal of redundant provisions
(1)Section 108 of the Mineral Resources (Sustainable Development) Act 1990 is repealed.
(2)Section 124(1)(e) of the Mineral Resources (Sustainable Development) Act 1990 is repealed.
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PART 5—AMENDMENT OF PIPELINES ACT 2005
17Increased penalties for certain offences
(1)For the penalty at the foot of section 14 of the Pipelines Act 2005 substitute—
"Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.".
(2)For the penalty at the foot of section 15 of the Pipelines Act 2005 substitute—
"Penalty:In the case of a natural person, 240 penalty units;
In the case of a body corporate, 1200 penalty units.".
18Applicant for compulsory acquisition of easement to comply with approved consultation plan
After section 95(1) of the Pipelines Act 2005 insert—
"(1A)In considering whether the proponent or licensee has taken all reasonable steps for the purposes of subsection (1)(a), the Minister must consider whether the proponent or licensee has satisfied the requirements set out in an approved consultation plan.".
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PART 6—AMENDMENT OF OTHER ACTS
19Amendment of Electricity Industry Act 2000
In section 16(2) of the Electricity Industry Act 2000 for "the Public Transport Corporation established under the Transport Act 1983" substitute "a passenger transport company within the meaning of the Transport Act 1983".
20Amendment of Electricity Safety Amendment Act 2007
In section 7 of the Electricity Safety Amendment Act 2007—
(a)in proposed section 117(3) of the Electricity Safety Act 1998, for "the network operator referred to in section 116" substitute "the person"; and
(b)for the penalty at the foot of proposed section 120H(4) of the Electricity Safety Act 1998 substitute—
"Penalty:200 penalty units.".
21Amendment of Petroleum Act 1998
At the end of section 38 of the Petroleum Act 1998 insert—
"(2)An application for a retention lease must be made at least 90 days before the applicant's exploration permit is due to expire.
(3)Despite subsection (2), the Minister may on the payment of any late fee required by the regulations consider an application for a retention lease that does not comply with that subsection.".
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PART 7—REPEAL OF AMENDING ACT
22Repeal of amending Act
This Act is repealed on 1 January 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: 17 April 2008
Legislative Council: 8 May 2008
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 Geothermal Energy Resources Act 2005, the Mineral Resources (Sustainable Development) Act 1990, the Petroleum Act 1998 and the Pipelines Act 2005 and for other purposes."
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