Pipelines Amendment Regulations 2015

Authorised by the Chief Parliamentary Counsel Authorised Version i Pipelines Amendment Regulations 2015 S.R. No. 97/2015 TABLE OF PROVISIONS Regulation Page 1 Objective 1 2 Authorising provision 1 3 Commencement 1 4 Principal Regulations 2 5 Definitions 2 6 Notice of intention to enter land for survey 3 7 Notice of pipeline corridor 3 8 Application to contain certain information 3 9 Notice of application for a licence 3 10 New regulation 13A inserted 4 11 Decommissioning plan on surrender or cancellation of licence 4 12 Decommissioning plan for part of a pipeline 4 13 Construction and operation of pipelines 4 14 Construction and operation standards 5 15 Surveillance reporting 5 16 Construction and operation safety plans 5 17 New Part 7A inserted 6 18 Schedule 1 6 19 New Schedule 2A inserted 7 20 Schedule 3 8 21 Schedule 4 8 22 New Schedule 5 inserted 8 ═══════════════ Endnotes 10 -- 1 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2015 S.R. No. 97/2015 Pipelines Act 2005 Pipelines Amendment Regulations 2015 The Governor in Council makes the following Regulations: Dated: 25 August 2015 Responsible Minister: LILY D'AMBROSIO Minister for Energy and Resources YVETTE CARISBROOKE Clerk of the Executive Council 1 Objective The objective of these Regulations is to amend the Pipelines Regulations 2007— (a) to prescribe new licensee requirements for pipeline licences; and (b) to prescribe new infringement offences and penalties; and (c) to make other minor and technical amendments. 2 Authorising provision These Regulations are made under section 190 of the Pipelines Act 2005. 3 Commencement These Regulations come into operation on 1 September 2015. -- 2 of 12 -- Pipelines Amendment Regulations 2015 S.R. No. 97/2015 2 Authorised by the Chief Parliamentary Counsel 4 Principal Regulations In these Regulations, the Pipelines Regulations 2007 1 are called the Principal Regulations. 5 Definitions (1) In regulation 5 of the Principal Regulations, for the definitions of AS 2885.1—1997, AS 2885.2—2002 and AS 2885.3—2001 substitute— "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 2885.2—2007 means AS 2885.2: Pipelines— Gas and liquid petroleum Part 2: Welding 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;". (2) In regulation 5 of the Principal Regulations, for the definition of reportable safety incident substitute–– "reportable safety incident means an incident that arises 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 (c) an ignition or escape of anything being conveyed in a pipeline;". -- 3 of 12 -- Pipelines Amendment Regulations 2015 S.R. No. 97/2015 3 Authorised by the Chief Parliamentary Counsel 6 Notice of intention to enter land for survey In regulation 6(g) of the Principal Regulations, for "proposed route of the pipeline" substitute "pipeline corridor or proposed route of the pipeline". 7 Notice of pipeline corridor In regulation 7 of the Principal Regulations omit "proposed". 8 Application to contain certain information (1) In regulation 8(1)(a)(i) and (ii) of the Principal Regulations, for "proponent" substitute "applicant". (2) In regulation 8(1)(a)(iii) of the Principal Regulations, for "proposed route or corridor" substitute "pipeline corridor and the proposed route". (3) In regulation 8(1)(b) of the Principal Regulations, for "proponent" substitute "applicant". (4) In regulation 8(2) of the Principal Regulations omit "proposed". 9 Notice of application for a licence (1) In regulation 10(a) and (b) of the Principal Regulations, for "proponent" substitute "applicant". (2) In regulation 10(e) of the Principal Regulations, for "proposed route" substitute "pipeline corridor and the proposed route". -- 4 of 12 -- Pipelines Amendment Regulations 2015 S.R. No. 97/2015 4 Authorised by the Chief Parliamentary Counsel 10 New regulation 13A inserted After regulation 13 of the Principal Regulations insert— "13A Form of notice for significant alteration of pipeline route 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 2A.". 11 Decommissioning plan on surrender or cancellation of licence For regulation 16(g) of the Principal Regulations substitute— "(g) the methods to be used to ensure that the part of the pipeline to be decommissioned will be decommissioned in accordance with AS 2885.3—2012;". 12 Decommissioning plan for part of a pipeline In regulation 16A(g) of the Principal Regulations, for "2001" substitute "2012". 13 Construction and operation of pipelines (1) In regulation 19(1) of the Principal Regulations, after "Minister" insert "and Energy Safe Victoria". (2) In regulation 19(2) of the Principal Regulations–– (a) omit "(whether oral or in writing)"; (b) in paragraph (a), after "must be" insert "in writing and". (3) In regulation 19(2)(b) of the Principal Regulations–– (a) in subparagraph (iii) for "incident." substitute "incident; and"; -- 5 of 12 -- Pipelines Amendment Regulations 2015 S.R. No. 97/2015 5 Authorised by the Chief Parliamentary Counsel (b) after subparagraph (iii) insert— "(iv) whether any emergency service has attended the incident and, if so, the name and contact details of the emergency controller.". (4) After regulation 19(2) of the Principal Regulations insert–– "(2A) After being given a notification under subregulation (1), Energy Safe Victoria may require the licensee to provide further information regarding the incident.". (5) In regulation 19(3) of the Principal Regulations— (a) after "7 days" insert "(or a longer period as agreed by Energy Safe Victoria)"; (b) after "Minister" insert "and Energy Safe Victoria". 14 Construction and operation standards In regulation 21 of the Principal Regulations— (a) in subregulation (1) for "AS 2885.1—1997 and AS 2885.2—2002" substitute "AS 2885.1—2012 and AS 2885.2—2007"; (b) in subregulation (2) for "AS 2885.2—2002 and AS 2885.3—2001" substitute "AS 2885.2—2007 and AS 2885.3—2012". 15 Surveillance reporting In regulation 22(1)(a) of the Principal Regulations for "2001" substitute "2012". 16 Construction and operation safety plans In regulation 34 of the Principal Regulations–– (a) in subregulation (1), for "1997" substitute "2012"; -- 6 of 12 -- Pipelines Amendment Regulations 2015 S.R. No. 97/2015 6 Authorised by the Chief Parliamentary Counsel (b) in subregulation (2), for "2001" substitute "2012". 17 New Part 7A inserted After Part 7 of the Principal Regulations insert–– "Part 7A—Infringements 43A Prescribed infringement offences and infringement penalties (1) For the purposes of section 183A(1) of the Act, an offence specified in column 1 of Schedule 5 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 5 set out opposite the relevant infringement offence.". 18 Schedule 1 In Schedule 1 to the Principal Regulations–– (a) for "2006" substitute "2007"; (b) for "proposed pipeline corridor" (where twice occurring) substitute "pipeline corridor"; (c) for "proposed pipeline corridor" substitute "pipeline corridor"; (d) for Note 1 substitute–– "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.". -- 7 of 12 -- Pipelines Amendment Regulations 2015 S.R. No. 97/2015 7 Authorised by the Chief Parliamentary Counsel 19 New Schedule 2A inserted After Schedule 2 to the Principal Regulations insert— "Schedule 2A—Notice under section 68(3)(b) of the Pipelines Act 2005 to affected owners and occupiers of land Regulation 13A Pipelines Act 2005 Pipelines Regulations 2007 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)(b) 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 proponent: Date:". -- 8 of 12 -- Pipelines Amendment Regulations 2015 S.R. No. 97/2015 8 Authorised by the Chief Parliamentary Counsel 20 Schedule 3 (1) In the heading to Schedule 3 to the Principal Regulations, for "FOR AMENDED LICENCE" substitute "TO CONSOLIDATE LICENCES". (2) In Schedule 3 of the Principal Regulations–– (a) for "2006" substitute "2007"; (b) for "(the main licence)" substitute "(the ongoing licence)"; (c) after "to this application" insert "The reasons for this application to consolidate pipeline licences are [insert reasons for the application]". 21 Schedule 4 In Schedule 4 to the Principal Regulations–– (a) for "2006" substitute "2007"; (b) after "Proponent/" insert "Applicant/"; (c) after "proponent/" (where twice occurring) insert "applicant/". 22 New Schedule 5 inserted After Schedule 4 to the Principal Regulations insert— "Schedule 5—Infringement offences and infringement penalties 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) -- 9 of 12 -- Pipelines Amendment Regulations 2015 S.R. No. 97/2015 9 Authorised by the Chief Parliamentary Counsel Item no. Infringement offence Infringement penalty 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) 14 An offence against section 179 of the Act 12 penalty units (natural person) 60 penalty units (body corporate) 15 An offence against regulation 19(3) 2 penalty units ". ═══════════════ -- 10 of 12 -- Endnotes Pipelines Amendment Regulations 2015 S.R. No. 97/2015 10 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 4: S.R. No. 15/2007 as amended by S.R. No. 42/2012. —— Table of Applied, Adopted or Incorporated Matter 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 Regulation 5(1) (definition of AS 2885.1—2012) AS 2885.1—2012: Pipelines—Gas and liquid petroleum Part 1: Design and Construction, as published by Standards Australia on 20 September 2012 The whole Regulation 5(1) (definition of AS 2885.2—2007) AS 2885.2—2007: Pipelines—Gas and liquid petroleum Part 2: Welding, as published by Standards Australia on 27 March 2007 The whole Regulation 5(1) (definition of AS 2885.3—2012) AS 2885.3—2012: Pipelines—Gas and liquid petroleum Part 3: Operation and maintenance, as published by Standards Australia on 20 September 2012 The whole Regulation 11 AS 2885.3—2012: Pipelines—Gas and liquid petroleum Part 3: Operation and maintenance, as published by Standards Australia on 20 September 2012 The whole -- 11 of 12 -- Endnotes Pipelines Amendment Regulations 2015 S.R. No. 97/2015 11 Authorised by the Chief Parliamentary Counsel Statutory rule provision Title of applied, adopted or incorporated document Matter in applied, adopted or incorporated document Regulation 14 AS 2885.1—2012: Pipelines—Gas and liquid petroleum Part 1: Design and Construction, as published by Standards Australia on 20 September 2012 AS 2885.2—2007: Pipelines—Gas and liquid petroleum Part 2: Welding, as published by Standards Australia on 27 March 2012 AS 2885.3—2012: Pipelines—Gas and liquid petroleum Part 3: Operation and maintenance, as published by Standards Australia on 20 September 2012 The whole -- 12 of 12 --