Pipelines Regulations 2017
Authorised by the Chief Parliamentary Counsel
Authorised Version
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Pipelines Regulations 2017
S.R. No. 9/2017
TABLE OF PROVISIONS
Regulation Page
Part 1—Preliminary 1
1 Objectives 1
2 Authorising provision 2
3 Commencement 2
4 Revocation 2
5 Definitions 2
Part 2—Pre-licence process 5
6 Notice of intention to enter land for survey 5
7 Notice of pipeline corridor 6
Part 3—Pipeline licence process 7
8 Application to contain certain information 7
9 Application fee 8
10 Notice of application for a licence 8
11 Conditions of a licence 9
12 Licence fee 11
13 Application to amend a licence condition 11
14 Alteration of pipeline route—minor or significant 12
15 Form of application for consolidation of licences 12
16 Fee for application for consolidation of licences 12
17 Decommissioning plans 12
Part 4—Access to land for pipeline 15
18 Form of notice for Registrar of Titles 15
19 Fee for lodging notice with Registrar of Titles 15
Part 5—Construction and operation of pipelines 16
20 Incident reporting 16
21 Interference with incident site 18
22 Construction and operation standards 18
23 Surveillance reporting 19
24 Annual pipeline operation fee 19
25 Safety and environmental risk assessment for application to use
pipeline for conveyance of other thing 19
26 Fee for application to use pipeline to convey other thing 20
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27 Fee for application for Ministerial direction under section 122 20
28 Fee for application for approval of access to a pipeline easement 20
Part 6—Safety Management Plans 21
Division 1—Content of Safety Management Plan 21
29 Performance standards 21
30 Matters to be included in Safety Management Plans 21
31 Contact details 21
32 Description of pipeline 21
33 Safety assessment 22
34 Emergency response plan 22
35 Safety management system 23
Division 2—Content of safety management system 23
36 Safety policy, systems and procedures 23
37 Organisational structure and responsibilities 24
38 Incident recording, investigation and reviewing 24
39 Work and staffing systems 24
40 Compliance management 25
Division 3—Records and reporting 26
41 Records 26
42 Reporting 26
Part 7—Environment Management Plans 27
43 General 27
44 Description of pipeline operation and environment 27
45 Description of environmental risks 27
46 Environmental performance objectives and standards 28
47 Consultation 28
48 Implementation strategy 28
49 Records 30
50 Reporting 31
Part 8—Infringements 32
51 Prescribed infringement offences and infringement penalties 32
Part 9—Administrative 33
52 Fee for access to registered information 33
Schedules 34
Schedule 1—Notice under section 27 of the Pipelines Act 2005 to
owners and occupiers of land in a pipeline corridor 34
Schedule 2—Fees 36
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Schedule 3—Notice under section 68(3)(b) of the Pipelines
Act 2005 to owners and occupiers of land affected by proposed
alteration of pipeline route 38
Schedule 4—Application under section 73 of the Pipelines Act 2005
to consolidate licences 39
Schedule 5—Notice to Registrar of Titles of notice of application to
the Minister for consent to compulsorily acquire an easement over
private land 40
Schedule 6—Infringement offences and infringement penalties 41
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Endnotes 43
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Authorised Version
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STATUTORY RULES 2017
S.R. No. 9/2017
Pipelines Act 2005
Pipelines Regulations 2017
The Governor in Council makes the following Regulations:
Dated: 15 March 2017
Responsible Minister:
LILY D'AMBROSIO
Minister for Energy, Environment and Climate Change
ANDREW ROBINSON
Clerk of the Executive Council
Part 1—Preliminary
1 Objectives
The objectives of these Regulations are—
(a) to prescribe information required in
the pre-licence and licence application
processes; and
(b) to prescribe conditions that apply to
licences; and
(c) to prescribe the contents of a
decommissioning plan; and
(d) to provide for the reporting of safety
and environmental incidents in relation to
pipeline operations; and
(e) to prescribe standards for the construction
and operation of pipelines; and
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(f) to prescribe matters to be contained in
Safety Management Plans; and
(g) to prescribe matters to be contained in
Environment Management Plans; and
(h) to prescribe infringement offences and
penalties; and
(i) to prescribe various forms, fees and
procedures authorised by the Pipelines
Act 2005.
2 Authorising provision
These Regulations are made under section 190
of the Pipelines Act 2005.
3 Commencement
These Regulations come into operation on
26 March 2017.
4 Revocation
The Pipelines Regulations 20071 are revoked.
5 Definitions
In these Regulations—
AS 2885.1—2012 means AS 2885.1: Pipelines—
Gas and liquid petroleum Part 1: Design and
construction as published and amended from
time to time;
AS 2885.3—2012 means AS 2885.3: Pipelines—
Gas and liquid petroleum Part 3: Operation
and maintenance as published and amended
from time to time;
Australian Business Number means an
Australian Business Number issued under
the A New Tax System (Australian Business
Number) Act 1999 of the Commonwealth;
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non-reportable environmental incident means
an incident that has an impact on the
environment (other than a reportable
environmental incident) arising out of a
pipeline operation;
non-reportable safety incident means an
incident involving a risk to the safety of
the public (other than a reportable safety
incident) arising out of a pipeline operation;
relevant entity means—
(a) an authority of the Commonwealth
that has responsibilities for protecting
the environment; or
(b) an authority of the State that has
responsibilities for protecting the
environment; or
(c) any other body, the principal objects
of which are the protection of the
environment; or
(d) any other body or person affected by
the pipeline operation;
reportable environmental incident means an
incident arising out of a pipeline operation—
(a) that causes substantial damage to the
environment; or
(b) that has significant potential impact on
the environment;
reportable safety incident means an incident
arising out of a pipeline operation that causes
or has the potential to cause––
(a) any person to suffer a serious injury or
to die; or
(b) substantial damage to, or destruction of,
property or the pipeline; or
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(c) an ignition or escape of anything being
conveyed in a pipeline;
safety incident means an incident involving a risk
to the safety of the public;
the Act means the Pipelines Act 2005.
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Part 2—Pre-licence process
6 Notice of intention to enter land for survey
For the purposes of section 19(2) of the Act, a
notice of intention to enter land for the purpose of
a survey must contain the following prescribed
information—
(a) the name and address of the proponent of the
proposed pipeline;
(b) if the notice relates to private land, the name
and address of the owner or occupier of the
land (as the case requires);
(c) if the notice relates to Crown land—
(i) the name of the Crown Land Minister;
or
(ii) the name and address of any occupier;
(d) details of the proposed survey;
(e) the intended use of the proposed pipeline;
(f) the name and address of the person or
body engaged to carry out the survey of the
proposed pipeline;
(g) a map of the pipeline corridor or proposed
route of the pipeline over the land that shows
the following—
(i) the relevant part of the land over which
the survey is proposed to be made;
(ii) in the case of private land, the location
of that land including the allotment and
section numbers, parish and municipal
names and the boundaries of adjacent
lands relating to the proposed survey;
(iii) in the case of Crown land, sufficient
particulars to identify the land.
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7 Notice of pipeline corridor
For the purposes of section 27(2)(a) of the Act,
the prescribed form for giving notice of the
proposed pipeline to the owners and occupiers of
land in a pipeline corridor is set out in Schedule 1.
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Part 3—Pipeline licence process
8 Application to contain certain information
(1) For the purposes of section 30(c) of the Act, an
application for a licence to construct and operate a
pipeline—
(a) must contain the following prescribed
matters—
(i) the Australian Business Number of the
applicant;
(ii) the telephone number, fax number and
email address of the applicant;
(iii) the commencement and termination
points of the pipeline corridor and the
proposed route of the pipeline;
(iv) the length of the pipeline;
(v) the proposed maximum allowable
operating pressure of the pipeline;
(vi) the proposed dates for commencement
and completion of construction of the
pipeline;
(vii) identification of the environmental,
social and safety impacts arising from
the proposed pipeline and pipeline
operation, based on the surrounding
current land uses and reasonably
foreseeable future land uses;
(viii) outline of the measures to be
undertaken to control, mitigate and
manage identified impacts arising from
the proposed pipeline and pipeline
operation;
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(ix) details of alternative pipeline routes
considered by the applicant and
reasons for selecting the proposed
pipeline route in accordance with
AS 2885.1—2012;
(x) a comparison of the environmental,
social and safety impacts arising from
each of the alternative pipeline routes
set out in subparagraph (ix) and the
proposed pipeline;
(xi) details of land ownership and title
details (if applicable) for the land
through which the proposed pipeline
route or corridor is to be constructed;
(xii) plans and design specifications of the
proposed pipeline including metering
stations, aboveground and underground
facilities; and
(b) must be signed by the applicant.
(2) For the purposes of section 30(d) of the Act, a
map showing the pipeline corridor must be drawn
to the prescribed scale of not less than 1:250 000.
9 Application fee
For the purposes of section 30(e) of the Act,
the prescribed application fee for a licence to
construct and operate a pipeline is the relevant
fee specified in Table 1 of Schedule 2.
10 Notice of application for a licence
For the purposes of section 32(2)(a) of the Act, a
notice of the application for a licence must contain
the following prescribed information—
(a) the business name, Australian Business
Number, business address and postal address
of the applicant;
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(b) the business contact details of the applicant
including the name of a nominated contact
person for enquiries regarding the
application and the contact person's
telephone number and fax number;
(c) the date on which the licence application was
made;
(d) the particulars of the proposed pipeline
including—
(i) the use to which the proposed pipeline
will be put; and
(ii) the anticipated dates of commencement
and completion of construction of the
pipeline;
(e) a written description and a map of the
pipeline corridor and the proposed route of
the pipeline.
11 Conditions of a licence
(1) For the purposes of section 54(1)(a) of the Act,
a licence granted under section 53(1) of the Act
is subject to the following prescribed terms and
conditions—
(a) the licensee must, as soon as practicable after
the construction of the pipeline, lodge with
the Minister and Energy Safe Victoria—
(i) 2 hard copies and an electronic copy of
a map that—
(A) shows the route of the pipeline as
constructed; and
(B) identifies the commencement and
termination points of the pipeline;
and
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(C) includes details of the land
through which the pipeline is laid;
and
(ii) 2 hard copies and an electronic copy of
alignment drawings of the constructed
pipeline;
(b) the licensee must provide a report to the
Minister and Energy Safe Victoria within
90 days of the end of each financial year on
the performance of the licensee in protecting
the environment from the pipeline
operations;
(c) the licensee must provide a report to the
Minister and Energy Safe Victoria within
90 days of the end of each financial year
on the performance of the licensee in
maintaining the safety and integrity of the
pipeline;
(d) the licensee must notify the Minister and
Energy Safe Victoria in writing in a form
approved by the Minister if the licensee
intends to cease to convey substances
through the pipeline, otherwise than in the
course of the normal operating procedure
of the pipeline, and does not intend to
decommission the pipeline or part of the
pipeline under Division 8A of Part 5 of the
Act.
(2) A notice under subregulation (1)(d) must—
(a) state the intention to cease to convey
substances through the pipeline; and
(b) state the period of the proposed cessation;
and
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(c) set out the means by which the licensee will
comply with any standards, specifications
and conditions that apply to the pipeline
operation, during the cessation period.
12 Licence fee
For the purposes of section 57(b) of the Act, the
prescribed fee is nil.
13 Application to amend a licence condition
(1) For the purposes of section 63(2)(b) of the Act,
an application to amend the conditions of a
licence must be made in the following prescribed
manner—
(a) the application must contain the following
information—
(i) the licence number;
(ii) the name of the licensee;
(iii) the Australian Business Number of the
licensee;
(iv) the registered business address and
postal address of the licensee;
(v) the telephone number, fax number and
email address of the licensee;
(b) the application must—
(i) be accompanied by information to
demonstrate that the pipeline will be
fit for operation under the licence as
proposed to be amended; and
(ii) be signed by the licensee.
(2) For the purposes of section 63(2)(e) of the Act,
the prescribed fee for an application to amend the
conditions of a licence is the relevant fee specified
in Table 2 of Schedule 2.
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14 Alteration of pipeline route—minor or significant
(1) An application under section 66 of the Act must
be accompanied by the relevant fee specified in
Table 3 of Schedule 2.
(2) An application under section 68(1) of the Act
must be accompanied by the relevant fee specified
in Table 3 of Schedule 2.
(3) For the purposes of section 68(3A)(a) of the
Act, the prescribed form of notice of a proposed
alteration to the authorised route of a pipeline is
set out in Schedule 3.
15 Form of application for consolidation of licences
For the purposes of section 74 of the Act,
the prescribed form for an application under
section 73 of the Act is set out in Schedule 4.
16 Fee for application for consolidation of licences
For the purposes of section 74(d) of the Act, the
prescribed fee for an application under section 73
of the Act is the relevant fee specified in Table 2
of Schedule 2.
17 Decommissioning plans
(1) For the purposes of sections 80(4), 82(2)
and 82A(3)(a)(ii) of the Act, a decommissioning
plan must set out and include the following
prescribed information—
(a) the performance objectives and standards for
the decommissioning works;
(b) a description of the decommissioning works,
and in the case of part decommissioning, a
map showing the part of the pipeline that is
proposed for decommissioning;
(c) the proposed timetable for the
decommissioning works to be completed;
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(d) an assessment of technical feasibility of the
decommissioning works;
(e) an assessment of the safety of the
decommissioning works;
(f) an assessment of any detrimental impacts
from the decommissioning works on land
(including on current land uses and
reasonably foreseeable future land uses)
and the environment, and identification of
measures to control, mitigate and manage
these impacts;
(g) the impacts from the decommissioning
works on affected landholders;
(h) details of any proposed consultation about
the decommissioning works with affected
landholders and other interested parties;
(i) the methods to be used to ensure that the
pipeline or part of the pipeline to be
decommissioned will be decommissioned in
accordance with AS 2885.3—2012;
(j) details of the rehabilitation and monitoring
of the land through which the pipeline is
laid proposed to be carried out before the
decommissioning of the pipeline;
(k) if the whole or part of the pipeline is not to
be removed, details about the location of the
pipeline or the part of the pipeline that is not
to be removed.
(2) A decommissioning plan lodged under
section 80(3) of the Act must be accompanied
by the relevant fee specified in Table 4 of
Schedule 2.
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(3) A decommissioning plan submitted under
section 82(2) of the Act must be accompanied
by the relevant fee specified in Table 4 of
Schedule 2.
(4) A decommissioning plan prepared under
section 82A(3)(a)(ii) of the Act must be
accompanied by the relevant fee specified
in Table 4 of Schedule 2.
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Part 4—Access to land for pipeline
18 Form of notice for Registrar of Titles
For the purposes of section 92(1)(a) of the Act,
the prescribed form of the notice to be given to
the Registrar of Titles is set out in Schedule 5.
19 Fee for lodging notice with Registrar of Titles
For the purposes of section 92(1)(b) of the Act,
the prescribed fee to be paid to the Registrar of
Titles is the relevant fee specified in Table 2 of
Schedule 2.
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Part 5—Construction and
operation of pipelines
20 Incident reporting
(1) A licensee must notify the Minister and Energy
Safe Victoria of a reportable environmental
incident or a reportable safety incident in
accordance with subregulation (2).
Penalty: 20 penalty units.
(2) A notification under subregulation (1) must—
(a) be in writing and given as soon as
practicable but no later than 2 hours—
(i) after the incident occurs; or
(ii) if the licensee is not initially aware of
the incident, after the licensee becomes
aware of the incident; and
(b) include the following information—
(i) the date, time and location of the
incident;
(ii) a description of the incident;
(iii) any known or suspected cause of the
incident;
(iv) whether any emergency service
attended the incident and, if so, the
name and contact details of the
emergency controller.
(3) After receiving a notification under subregulation
(1), the Minister and Energy Safe Victoria may
require the licensee to provide further information
regarding the incident.
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(4) A licensee must, as soon as practicable but not
later than 7 days (or a longer period as agreed by
the Minister or Energy Safe Victoria) after the
occurrence of a reportable environmental incident
or a reportable safety incident, submit a written
report to the Minister and Energy Safe Victoria
that includes the following information—
(a) the date, time and location of the incident;
(b) a description of the incident;
(c) details of any known or suspected causes of
the incident;
(d) details of any corrective action that has been
taken, or is proposed to be taken, to prevent a
similar incident;
(e) in the case of an escape or ignition of
anything in the pipeline, a description of—
(i) the nature and approximate quantity of
the thing that escaped, or escaped and
ignited; and
(ii) any damage resulting from the escape
or ignition; and
(iii) the methods adopted to carry out
repairs.
Penalty: 20 penalty units.
(5) A licensee must keep a record of all reportable
environmental incidents and reportable safety
incidents that occur during the pipeline operation.
Penalty: 20 penalty units.
(6) This regulation does not apply to a reportable
safety incident in respect of a pipeline to which
the Gas Safety Act 1997 applies.
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21 Interference with incident site
(1) A person must not interfere with the location
of a reportable environmental incident or a
reportable safety incident during an investigation
of a reportable environmental incident or a
reportable safety incident by a person or body
referred to in subregulation (3) without the
consent of that person or body.
Penalty: 20 penalty units.
(2) Despite subregulation (1), a person may interfere
with the location of a reportable environmental
incident or a reportable safety incident where it
is necessary—
(a) to provide immediate assistance to any
person injured as a result of the incident; or
(b) to recover the body of any person killed as a
result of the incident; or
(c) for the immediate protection of persons,
property or the environment.
(3) This regulation does not prohibit any investigation
of a reportable environmental incident or a
reportable safety incident by—
(a) a police officer; or
(b) Energy Safe Victoria; or
(c) an authority referred to in section 116(c) of
the Act.
22 Construction and operation standards
(1) For the purposes of section 100(1)(a) of the Act, a
pipeline must be constructed in accordance with
the prescribed standard AS 2885.1—2012.
(2) For the purposes of section 109(a) of the Act, a
pipeline must be operated in accordance with the
prescribed standard AS 2885.3—2012.
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23 Surveillance reporting
(1) The licensee must—
(a) keep a written report of each inspection of
the pipeline undertaken in accordance with
AS 2885.3—2012; and
(b) submit those reports to the Minister or
Energy Safe Victoria on request.
Penalty: 20 penalty units.
(2) This regulation does not apply to a pipeline to
which the Gas Safety Act 1997 applies.
24 Annual pipeline operation fee
For the purposes of section 110(1) of the Act, the
prescribed pipeline operation fee is nil.
25 Safety and environmental risk assessment for
application to use pipeline for conveyance of other
thing
For the purposes of section 113(2)(d) of the Act,
an assessment of the potential risks to safety and
the environment of a proposal to use a pipeline to
convey a thing other than the thing authorised by
the licence must—
(a) describe the methodology used and
investigations undertaken for the assessment;
and
(b) identify all potential hazards arising from the
proposed other use of the pipeline; and
(c) include a detailed assessment of the risk
associated with each of the hazards identified
in paragraph (b); and
(d) include a description of measures
undertaken, or to be undertaken, to eliminate
or minimise as far as reasonably practicable
the identified risks.
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26 Fee for application to use pipeline to convey other
thing
For the purposes of section 113(2)(f) of the Act,
the prescribed fee is the relevant fee specified in
Table 2 of Schedule 2.
27 Fee for application for Ministerial direction under
section 122
For the purposes of section 122(3) of the Act,
the prescribed fee is the relevant fee specified in
Table 2 of Schedule 2.
28 Fee for application for approval of access to a
pipeline easement
For the purposes of section 123(2) of the Act,
the prescribed fee is the relevant fee specified in
Table 2 of Schedule 2.
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Part 6—Safety Management Plans
Division 1—Content of Safety Management Plan
29 Performance standards
In this Part, a performance standard in relation to
a pipeline operation must specify—
(a) who is responsible for carrying out the
operation; and
(b) what has to be done in the performance of
the operation; and
(c) when the operation has to be performed; and
(d) the expected outcomes of the operation.
30 Matters to be included in Safety Management Plans
For the purposes of section 126(1)(c) of the Act,
the prescribed matters to be included in a Safety
Management Plan are set out in this Part.
31 Contact details
The Safety Management Plan must contain—
(a) the name, business address and telephone
number of the licensee; and
(b) the name, position title, email address
and mobile number of the person who is
responsible for the preparation, submission
and review of the Safety Management Plan.
32 Description of pipeline
(1) The Safety Management Plan must contain a
description of the pipeline with sufficient
information—
(a) to show the technical details of the pipeline;
and
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(b) to show how the licensee intends to ensure
safety and maintain the integrity of the
pipeline operation; and
(c) to enable an assessment of the risks to
the safety of the public from the pipeline
operation to be undertaken.
(2) In this regulation technical details includes—
(a) design specifications and drawings; and
(b) construction materials; and
(c) details of function and operation.
33 Safety assessment
The Safety Management Plan must contain a
safety assessment of the pipeline operation that—
(a) is consistent with the description of the
pipeline under regulation 32; and
(b) describes the methodology used and
investigations undertaken for the safety
assessment; and
(c) identifies all of the hazards and risks
arising from the pipeline operation that
have the potential to cause a reportable or
non-reportable safety incident; and
(d) contains a detailed assessment of those risks;
and
(e) describes the systems, practices and
procedures undertaken, or proposed to be
undertaken, to eliminate or minimise those
risks as far as reasonably practicable.
34 Emergency response plan
(1) The Safety Management Plan must provide for the
establishment and maintenance of an emergency
response plan that—
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(a) identifies all potential emergency situations
that may arise in relation to the pipeline
operation; and
(b) identifies and assesses the risks to safety of
the public and employees and contractors
arising from the potential emergency
situations identified in paragraph (a); and
(c) includes detailed response arrangements to
eliminate or minimise as part of practice the
risks identified in paragraph (b).
(2) The Safety Management Plan must include
procedures to ensure that the response
arrangements in the emergency response plan
are tested—
(a) when the response arrangements are
introduced; and
(b) when the response arrangements are
significantly amended; and
(c) not later than 12 months after the most
recent test.
35 Safety management system
(1) The Safety Management Plan must specify a
safety management system followed or to be
followed in relation to the pipeline operation.
(2) The safety management system must contain the
information specified in Division 2.
Division 2—Content of safety management system
36 Safety policy, systems and procedures
The safety management system must specify
the licensee's safety policy and the systems and
procedures to be used to ensure that the licensee
meets the licensee's duties under section 124 of
the Act.
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37 Organisational structure and responsibilities
The safety management system must specify
the responsibilities, accountabilities and authority
levels of personnel with respect to the various
aspects of the pipeline operation.
38 Incident recording, investigation and reviewing
The safety management system must specify—
(a) how reportable and non-reportable safety
incidents are to be recorded and investigated;
and
(b) the management systems to be used for
reviewing and taking action on information
that is recorded or identified by an
investigation to improve the safety of the
pipeline operation.
39 Work and staffing systems
(1) The safety management system must specify the
work and staffing systems to be used for the
pipeline operation to ensure, as far as reasonably
practicable, that—
(a) each area of safety-critical work in relation
to the pipeline operation is assessed to
identify the minimum skills, knowledge
and experience requirements for a person
assigned to carry out that work; and
(b) only persons with the skills, knowledge
and experience appropriate to an area of
safety-critical work are assigned to carry out
that work; and
(c) any training necessary for persons assigned
to carry out safety-critical work is provided;
and
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(d) a permit to work system, as set out in
subregulation (2), is to be followed for any
safety-critical work carried out in relation to
the pipeline operation.
(2) A permit to work system must—
(a) prohibit any person from performing
safety-critical work without a written permit
to work issued by a person authorised by the
licensee to issue that permit; and
(b) specify by position the persons who are
authorised to issue a permit to work and to
supervise that work; and
(c) ensure that persons responsible for the
issuing of permits to work and persons
carrying out safety-critical work under a
permit to work are competent and are
provided with appropriate training,
procedures, tools, equipment and
emergency support.
(3) In this regulation, safety-critical work means
work which affects or may affect the safety of
the pipeline operation.
40 Compliance management
The safety management system must—
(a) specify procedures for identifying,
collecting and analysing a pipeline's
operational, maintenance and integrity
data to identify trends in a pipeline's
operation and performance; and
(b) specify procedures for planning and
implementing audits of the safety
management system to determine
compliance with this regulation; and
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(c) specify procedures for regular management
review of the effectiveness and
appropriateness of the safety management
system; and
(d) specify procedures for managing changes to
the procedures, pipeline design and
operation.
Division 3—Records and reporting
41 Records
The Safety Management Plan must contain details
of arrangements to record and keep—
(a) information about the licensee's performance
in ensuring the safety of the public,
employees and contractors; and
(b) details of all reportable and non-reportable
safety incidents, including emergency
situations; and
(c) details of the emergency response testing
undertaken, in accordance with the
requirements of regulation 34; and
(d) in the case of any emergency situation,
information on the effectiveness of the
emergency response plan in eliminating or
minimising, as far as reasonably practicable,
risks to the safety of the public, employees
and contractors.
42 Reporting
For the purposes of reporting to the Minister
under regulation 11(1)(c), the Safety Management
Plan must contain details of arrangements for
reporting on the licensee's performance in
ensuring the safety of the public, employees and
contractors.
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Part 7—Environment Management Plans
43 General
(1) For the purposes of section 133(1)(c) of the
Act, the prescribed matters to be included in an
Environment Management Plan are set out in this
Part.
(2) An Environment Management Plan given to the
Minister under section 133 of the Act must be
accompanied by the relevant fee specified in
Table 5 of Schedule 2.
44 Description of pipeline operation and environment
The Environment Management Plan must—
(a) describe the pipeline operation, including
details and timing of activities involved in
the construction and ongoing operation of
the pipeline; and
(b) describe the existing environment that may
be affected by the pipeline operation; and
(c) identify the particular relevant values and
sensitivities (if any) of that environment.
45 Description of environmental risks
The Environment Management Plan must—
(a) identify the risks to the environment arising
directly or indirectly from the pipeline
operation; and
(b) assess the environmental risks identified
under paragraph (a).
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46 Environmental performance objectives and
standards
The Environment Management Plan must
contain—
(a) environmental performance objectives and
standards, against which the performance
by the licensee to eliminate or minimise the
risks identified in accordance with regulation
45 so far as reasonably practicable are to be
measured, that address—
(i) the environmental legislative
requirements that apply to carrying out
the pipeline operation; and
(ii) any other environmental requirements
that the licensee intends to comply with
in carrying out the pipeline operation;
and
(b) a list of the environmental legislative
requirements and any other non-legislative
requirements referred to in paragraph (a);
and
(c) a statement of the licensee's environmental
policy.
47 Consultation
The Environment Management Plan must contain
a report on all consultation carried out between
the licensee and all relevant entities in the course
of developing the Environment Management Plan.
48 Implementation strategy
(1) The Environment Management Plan must contain
an implementation strategy for the pipeline
operation.
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(2) The implementation strategy must specify the
systems, practices and procedures to be used to
ensure that—
(a) any environmental risks identified in
accordance with regulation 45(a) are
eliminated or minimised so far as reasonably
practicable; and
(b) the environmental performance objectives
and standards specified in accordance with
regulation 46(a) are met.
(3) The implementation strategy must include
measures to enable assessment of the
effectiveness of the systems, practices and
procedures in subregulation (2).
(4) The implementation strategy must provide for—
(a) monitoring, auditing and management
of compliance with the requirements of
subregulation (2); and
(b) assessment by the licensee of the licensee's
performance in relation to compliance with
the requirements of subregulation (2); and
(c) the keeping of quantitative records of
emissions and discharges of substances from
the pipeline.
(5) The implementation strategy must provide for the
establishment and maintenance of an emergency
response plan that—
(a) identifies all potential emergency situations
that may arise in relation to the pipeline
operation; and
(b) identifies and assesses the environmental
risks arising from the potential emergency
situations identified in paragraph (a); and
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(c) includes response arrangements for
minimising any harm to the environment
arising from potential emergency situations
identified in paragraph (a).
(6) The implementation strategy must include
procedures to ensure that the response
arrangements in the emergency response
plan are tested—
(a) when the response arrangements are
introduced; and
(b) when the response arrangements are
significantly amended; and
(c) not later than 12 months after the most
recent test.
(7) The implementation strategy must include
arrangements for consultation by the licensee
with all relevant entities in relation to the pipeline
operation and the licensee's performance in
protecting the environment, during the life of the
pipeline operation.
(8) The implementation strategy must establish a
clear chain of command, setting out the roles
and responsibilities of personnel in relation to the
implementation, management and review of the
Environment Management Plan.
49 Records
The Environment Management Plan must contain
details of arrangements to record and keep—
(a) information about the systems, practices
and procedures that the licensee has adopted
to meet the obligations in the Environment
Management Plan; and
(b) information about the licensee's
performance in relation to compliance
with regulation 11(1)(b); and
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(c) details of all reportable and non-reportable
environmental incidents, including
emergency situations; and
(d) details of the emergency response
testing undertaken in accordance with the
requirements of regulation 48(6); and
(e) in the case of any emergency situation,
information on the effectiveness of the
emergency response plan in eliminating or
minimising as far as reasonably practicable
any harm to the environment.
50 Reporting
For the purposes of reporting to the Minister
under regulation 11(1)(b), the Environment
Management Plan must contain details of
arrangements for reporting on the licensee's
performance in protecting the environment from
the pipeline operation.
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Part 8—Infringements
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Part 8—Infringements
51 Prescribed infringement offences and infringement
penalties
(1) For the purposes of section 183A(1) of the Act,
an offence specified in column 2 of Schedule 6 is
prescribed as an infringement offence.
(2) For the purposes of section 183A(3) of the Act,
the prescribed infringement penalty for an offence
referred to in subregulation (1) is the infringement
penalty in column 3 of Schedule 6 set out opposite
the relevant infringement offence.
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Part 9—Administrative
52 Fee for access to registered information
(1) For the purposes of section 188(1) of the Act, the
prescribed fee for access to the Pipelines Register
on any day is nil.
(2) For the purposes of section 188(1) of the Act,
the prescribed fee for each page of information
provided from the Pipelines Register is nil.
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Schedules
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Schedules
Schedule 1—Notice under section 27 of
the Pipelines Act 2005 to owners and
occupiers of land in a pipeline corridor
Regulation 7
Pipelines Act 2005
Pipelines Regulations 2017
To: [insert name and address of person(s) who owns or occupies land in the
pipeline corridor (see Note 1)]
I [name of proponent] am considering applying for a licence to construct and
operate a pipeline over the following land:
[insert a description of the land (including, if appropriate, a sketch showing
the relevant part of the land) and title particulars]
A copy of a plan showing the pipeline corridor is attached to this Notice.
[attach copy of a plan drawn to an appropriate scale showing the
pipeline corridor]
The proposed pipeline is: [insert a description of the purpose of the proposed
pipeline, e.g. to convey high pressure gas between A and B]
*Information regarding the proposed pipeline, including the processes
that will be followed for obtaining required approvals and details of how
[insert name of proponent] proposes to consult with you is also attached.
*Information regarding the proposed pipeline, including the processes
that will be followed for obtaining required approvals and details of how
[insert name of proponent] proposes to consult with you was given to you
with the notice of intention to enter land for survey issued on: [insert date
that written notice of intention to enter land for survey was given to owner
or occupier under section 19 of the Act]
[*delete the statement that does not apply]
Signature of the proponent:
Date:
Note 1
A pipeline corridor is a corridor of land within which a pipeline is proposed
to be constructed under the Pipelines Act 2005. The final route of the
proposed pipeline within the corridor is subject to consultation and approval
under the Pipelines Act 2005.
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Note 2
Under section 27(3) of the Pipelines Act 2005 this Notice lapses after
12 months from the date of this Notice, unless the Minister administering that
Act, extends that period in writing.
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Schedule 2—Fees
Regulations 9, 13, 14, 16, 17, 19, 26–28 and 43
Table 1—Application for pipeline licence
Column 1
Item no.
Column 2
Type of application
Column 3
Fee units
1 Application for pipeline licence 0–10 km
Environment Effects Statement required
2374·77
2 Application for pipeline licence 10–100 km
Environment Effects Statement required
3051·70
3 Application for pipeline licence >100 km
Environment Effects Statement required
3551·07
4 Application for pipeline licence 0–10 km
No Environment Effects Statement required
948·80
5 Application for pipeline licence 10–100 km
No Environment Effects Statement required
1276·16
6 Application for pipeline licence >100 km
No Environment Effects Statement required
1553·59
Table 2—Application for pipeline licence amendments
Column 1
Item no.
Column 2
Type of application
Column 3
Fee units
1 Application to amend licence condition 149·81
2 Application to consolidate licences 349·56
3 Application to lodge notice with Registrar of
Titles
55·49
4 Application to convey other thing 166·46
5 Application for Ministerial direction to share
pipeline
166·46
6 Application to access easement 166·46
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Table 3—Application for pipeline licence—alteration to authorised route
Column 1
Item no.
Column 2
Type of application
Column 3
Fee units
1 Application for minor alteration to authorised
route
377·30
2 Application for significant alteration to authorised
route
1387·13
Table 4—Decommissioning plans
Column 1
Item no.
Column 2
Type of application
Column 3
Fee units
1 Decommissioning plan 0–10 km 454·98
2 Decommissioning plan 10–100 km 1470·36
3 Decommissioning plan >100 km 2996·21
4 Part decommissioning plan 0–10 km 454·98
5 Part decommissioning plan 10–100 km 1470·36
6 Part decommissioning plan >100 km 2996·21
Table 5—Environment Management Plans
Column 1
Item no.
Column 2
Type of application
Column 3
Fee units
1 Environment Management Plan 0–10 km 454·98
2 Environment Management Plan 10–100 km 1470·36
3 Environment Management Plan >100 km 2996·21
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Schedule 3—Notice under section 68(3)(b)
of the Pipelines Act 2005 to owners and
occupiers of land affected by proposed
alteration of pipeline route
Regulation 14
Pipelines Act 2005
Pipelines Regulations 2017
To: [insert name and address of person(s) who owns or occupies land
affected by the proposed alteration to the authorised route of a pipeline]
I [name of licensee] am considering applying to alter the authorised route of
the pipeline under Pipeline Licence [insert Pipeline Licence number] over the
following land:
[insert a description of the land (including, if appropriate, a sketch showing
the relevant part of the land) and title particulars]
The proposed alteration is to:
[insert a description of the proposed alteration]
A copy of a plan showing the proposed alteration to the authorised route of
the pipeline is attached to this Notice. [attach copy of a plan drawn to an
appropriate scale showing the proposed alteration]
*Information regarding the proposed alteration to the authorised route of the
pipeline, including information on activities to be undertaken for the purpose
of any survey, how potential adverse impacts of the construction and
operation of the proposed alteration will be managed, and procedures to
permit the construction and operation of the proposed alteration, including
any compulsory acquisition of land.
*A statement advising that land owners and occupiers may seek independent
legal advice and setting out contact information for the Department of
Economic Development, Jobs, Transport and Resources.
[*Where the Minister has required the preparation of a consultation plan for
the proposed alteration, under section 68(3)(a) of the Pipelines Act 2005, the
information regarding the proposed alteration and the statement may be
provided as part of the approved consultation information.]
Signature of the licensee:
Date:
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Schedule 4—Application under section 73
of the Pipelines Act 2005 to
consolidate licences
Regulation 15
Pipelines Act 2005
Pipelines Regulations 2017
To: Minister administering the Pipelines Act 2005
I, [insert name of licensee including Australian Business Number], apply
under section 73 of the Pipelines Act 2005 for the amendment of Pipeline
Licence number [insert Pipeline Licence number] (the ongoing licence) to
consolidate it with the whole or part of the following Pipeline Licence
number/s [insert Pipeline Licence numbers] and submit the following
particulars:
The pipelines are described as follows:
[insert a brief description of the use of each pipeline and of each pipeline
route]
A copy of a map showing each pipeline route is attached to this application.
The reasons for this application to consolidate pipeline licences are:
[insert reasons for the application]
Address of the applicant or registered business address if the applicant is a
company:
Postal address of the applicant:
Telephone number of the applicant:
Fax number of the applicant:
Email address of the applicant:
*An additional length of authorised route of the pipeline is required.
[Provide details of additional length]
[Insert any other amendments of the licence required for the purposes of
consolidation]
Signature of the licensee:
Date:
*Delete if inapplicable
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Schedule 5—Notice to Registrar of Titles
of notice of application to the Minister
for consent to compulsorily acquire
an easement over private land
Regulation 18
Pipelines Act 2005
Pipelines Regulations 2017
To: The Registrar of Titles
From: Proponent/Applicant/Licensee*
[insert full name and address including postcode]
In accordance with section 92(1) of the Pipelines Act 2005, I give notice that
I have given notice to the owner of the land described below under section 91
of that Act of an application under section 90 of that Act to the Minister for
consent to compulsorily acquire an easement over that land on [insert date
notice given under section 91]. A copy of the notice under section 91 is
attached to this Notice.
Details of land:
[insert volume and folio reference]
Address for service to proponent/applicant/licensee*:
Signature of the proponent/applicant/licensee*:
Date:
*delete whichever does not apply
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Schedule 6—Infringement offences
and infringement penalties
Regulation 51
Item no. Infringement offence Infringement penalty
1 An offence against
section 106(b) of the Act
5 penalty units (natural person)
20 penalty units (body corporate)
2 An offence against
section 107(1) of the Act
5 penalty units (natural person)
12 penalty units (body corporate)
3 An offence against
section 107(2) of the Act
5 penalty units (natural person)
12 penalty units (body corporate)
4 An offence against
section 111(a) of the Act
12 penalty units (natural person)
60 penalty units (body corporate)
5 An offence against
section 111(b) of the Act
12 penalty units (natural person)
60 penalty units (body corporate)
6 An offence against
section 114(3) of the Act
12 penalty units (natural person)
60 penalty units (body corporate)
7 An offence against
section 117(b) of the Act
5 penalty units (natural person)
20 penalty units (body corporate)
8 An offence against
section 118 of the Act
10 penalty units (natural person)
50 penalty units (body corporate)
9 An offence against
section 120(1) of the Act
10 penalty units (natural person)
50 penalty units (body corporate)
10 An offence against
section 127 of the Act
12 penalty units (natural person)
60 penalty units (body corporate)
11 An offence against
section 132 of the Act
5 penalty units (natural person)
20 penalty units (body corporate)
12 An offence against
section 134 of the Act
12 penalty units (natural person)
60 penalty units (body corporate)
13 An offence against
section 139 of the Act
5 penalty units (natural person)
20 penalty units (body corporate)
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Item no. Infringement offence Infringement penalty
14 An offence against
section 179 of the Act
12 penalty units (natural person)
60 penalty units (body corporate)
15 An offence against
regulation 20(4)
2 penalty units
═══════════════
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Endnotes
Pipelines Regulations 2017
S.R. No. 9/2017
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Endnotes
1 Reg. 4: S.R. No. 15/2007 as amended by S.R. Nos 42/2012 and 97/2015.
——
Table of Applied, Adopted or Incorporated Matter
Note that the following table of applied, adopted or incorporated matter is
included in accordance with the requirements of regulation 5 of the
Subordinate Legislation Regulations 2014.
Statutory rule
provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulations 5,
8(1)(a)(ix) and 22(1)
AS 2885.1: Pipelines—Gas
and liquid petroleum Part 1:
Design and construction as
published and amended from
time to time
Whole
Regulations 5,
17(1)(i), 22(2)
and 23(1)(a)
AS 2885.3: Pipelines—Gas
and liquid petroleum Part 3:
Operation and maintenance as
published and amended from
time to time
Whole
——
Fee Units
These Regulations provide for fees by reference to fee units within the
meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that
Act, by multiplying the number of fee units applicable by the value of a fee
unit.
The value of a fee unit for the financial year commencing 1 July 2016 is
$13.94. The amount of the calculated fee may be rounded to the nearest
10 cents.
The value of a fee unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
fee unit for a financial year must be published in the Government Gazette and
a Victorian newspaper before 1 June in the preceding financial year.
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Penalty Units
These Regulations provide for penalties by reference to penalty units within
the meaning of section 110 of the Sentencing Act 1991. The amount of the
penalty is to be calculated, in accordance with section 7 of the Monetary
Units Act 2004, by multiplying the number of penalty units applicable by the
value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2016 is
$155.46.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the
Treasurer under section 5 of the Monetary Units Act 2004. The value of a
penalty unit for a financial year must be published in the Government Gazette
and a Victorian newspaper before 1 June in the preceding financial year.
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