Pipelines Regulations 2007
i
Pipelines Regulations 2007
S.R. No. 15/2007
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 4
6 Notice of intention to enter land for survey 4
7 Notice of pipeline corridor 5
PART 3—PIPELINE LICENCE PROCESS 6
8 Application to contain certain information 6
9 Fee for licence application 7
10 Notice of application for a licence 7
11 Conditions of a licence 8
12 Licence fee 8
13 Application to amend a licence condition 9
14 Form of application for consolidation of licences 9
15 Fee for application for consolidation of licences 10
16 Decommissioning plan on surrender or cancellation of licence 10
PART 4—ACCESS TO LAND FOR PIPELINE 12
17 Form of notice for Registrar of Titles 12
18 Fee for lodging notice with Registrar of Titles 12
PART 5—CONSTRUCTION AND OPERATION OF PIPELINES 13
19 Incident reporting 13
20 Interference with incident site 14
21 Construction and operation standards 15
22 Surveillance reporting 15
-- 1 of 37 --
Regulation Page
ii
23 Annual pipeline operation fee 15
24 Safety and environmental risk assessment for application to
use pipeline for conveyance of other thing 16
25 Fee for application to use pipeline to convey other thing 16
26 Fee for application for Ministerial direction under section 122 16
27 Fee for application for approval of access to a pipeline
easement 16
PART 6—SAFETY MANAGEMENT PLANS 17
28 Performance standards 17
29 Matters to be included in Safety Management Plans 17
30 Contact details 17
31 Description of pipeline 17
32 Safety assessment 18
33 Response plan 18
34 Construction and operation safety plans 19
35 Construction and operating safety plans must specify work
and staffing systems 19
PART 7—ENVIRONMENT MANAGEMENT PLANS 21
36 Matters included in Environment Management Plan 21
37 Description of pipeline activities and environment 21
38 Description of environmental impacts and risks 21
39 Environmental performance objectives and standards 22
40 Consultation 22
41 Implementation strategy 23
42 Environmental incidents 24
43 Records and reporting 25
PART 8—ADMINISTRATIVE MATTERS 26
44 Fee for access to registered information 26
__________________
SCHEDULES 27
SCHEDULE 1—Notice Under Section 27 of the Pipelines Act 2005
to Owners and Occupiers of Land in a Pipeline
Corridor 27
SCHEDULE 2—Table A—Licence Application Fee 29
Table B—Licence Fee 30
SCHEDULE 3—Application Under Section 74 of the Pipelines Act
2005 for Amended Licence 31
-- 2 of 37 --
Regulation Page
iii
SCHEDULE 4—Notice to Registrar of Titles of Notice of Application
to the Minister for Consent to Compulsorily Acquire
an Easement Over Private Land 32
═══════════════
ENDNOTES 33
-- 3 of 37 --
1
STATUTORY RULES 2007
S.R. No. 15/2007
Pipelines Act 2005
Pipelines Regulations 2007
The Governor in Council makes the following Regulations:
Dated: 27 March 2007
Responsible Minister:
PETER BATCHELOR
Minister for Energy and Resources
RUTH LEACH
Clerk of the Executive Council
PART 1—PRELIMINARY
1 Objectives
The objectives of these Regulations are—
(a) to provide for the reporting of safety and
environmental incidents in relation to
pipeline operations; and
(b) to prescribe standards for the construction
and operation of pipelines; and
(c) to prescribe matters to be contained in Safety
Management Plans; and
(d) to prescribe matters to be contained in
Environment Management Plans; and
(e) to prescribe various forms, fees and
procedures authorised by the Pipelines Act
2005.
-- 4 of 37 --
Part 1—Preliminary
Pipelines Regulations 2007
S.R. No. 15/2007
2
2 Authorising provision
These Regulations are made under section 190 of
the Pipelines Act 2005.
3 Commencement
These Regulations come into operation on 1 April
2007.
4 Revocation
The Pipelines Regulations 20001 are revoked.
5 Definitions
In these Regulations—
AS 2885.1—1997 means AS 2885.1—1997:
Pipelines—Gas and liquid petroleum Part 1:
Design and Construction published on 5 May
1997 and as amended from time to time;
AS 2885.2—2002 means AS 2885.2—2002:
Pipelines—Gas and liquid petroleum Part 2:
Welding published on 21 June 2002 and as
amended from time to time;
AS 2885.3—2001 means AS 2885.3—2001:
Pipelines—Gas and liquid petroleum Part 3:
Operation and maintenance published on
6 August 2001 and as 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;
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;
r. 2
-- 5 of 37 --
Part 1—Preliminary
Pipelines Regulations 2007
S.R. No. 15/2007
3
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 that
arises out of a pipeline operation that
causes—
(a) any person to suffer a serious injury or
to die; or
(b) substantial damage to, or destruction of,
property; or
(c) an ignition or a significant escape of
any thing 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.
__________________
r. 5
-- 6 of 37 --
Part 2—Pre-licence process
Pipelines Regulations 2007
S.R. No. 15/2007
4
PART 2—PRE-LICENCE PROCESS
6 Notice of intention to enter land for survey
For the purposes of section 19 of the Act, a notice
of intention to enter land for the purpose of a
survey must contain—
(a) the name and address of the proponent of the
proposed pipeline; and
(b) if the notice relates to private land, the name
and address of the owner or occupier of the
land (as the case requires); and
(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—
as the case requires; and
(d) details of the proposed survey; and
(e) the intended use of the proposed pipeline;
and
(f) the name and address of the person or body
engaged to carry out the survey of the
proposed pipeline; and
(g) a map of the proposed route of the pipeline
over the land showing—
(i) the relevant part of the land over which
the survey is proposed to be made; and
(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;
and
r. 6
-- 7 of 37 --
Part 2—Pre-licence process
Pipelines Regulations 2007
S.R. No. 15/2007
5
(iii) in the case of Crown land, sufficient
particulars to identify the land.
7 Notice of pipeline corridor
For the purposes of section 27(2)(a) of the Act,
the form for giving notice to the owners and
occupiers of land in a proposed pipeline corridor
is set out in Schedule 1.
__________________
r. 7
-- 8 of 37 --
Part 3—Pipeline Licence Process
Pipelines Regulations 2007
S.R. No. 15/2007
6
PART 3—PIPELINE LICENCE PROCESS
8 Application to contain certain information
(1) For the purposes of section 30 of the Act, an
application for a licence to construct and operate a
pipeline—
(a) must contain the following information—
(i) the Australian Business Number of the
proponent;
(ii) the telephone number, fax number and
email address of the proponent;
(iii) the details of the proposed route or
corridor 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) general details of any environmental
impacts of the proposed pipeline and
the proposed measures to eliminate or
minimise those impacts;
(viii) details of land ownership and title
details (if applicable) for the land
through which the proposed pipeline
route or corridor is to be constructed;
(ix) plans and design specifications of the
proposed pipeline including metering
stations, aboveground and underground
facilities; and
(b) must be signed by the proponent.
r. 8
-- 9 of 37 --
Part 3—Pipeline Licence Process
Pipelines Regulations 2007
S.R. No. 15/2007
7
(2) For the purposes of section 30(d) of the Act, the
map showing the proposed pipeline corridor must
be drawn to a scale of not less than 1:250 000.
9 Fee for licence application
For the purposes of section 30(e) of the Act, the
application fee for a licence to construct and
operate a pipeline is the relevant fee specified in
Table A in Schedule 2.
10 Notice of application for a licence
A notice of an application for a licence under
section 32 of the Act must contain—
(a) the business name, Australian Business
Number, business address and postal address
of the proponent;
(b) the business contact details of the proponent
including the name of a nominated contact
person for enquiries regarding the
application and his or her 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
proposed route of the pipeline.
r. 9
-- 10 of 37 --
Part 3—Pipeline Licence Process
Pipelines Regulations 2007
S.R. No. 15/2007
8
11 Conditions of a licence
(1) It is a condition of a licence granted under
section 53(1) of the Act that the licensee must, as
soon as practicable after the construction of the
pipeline, lodge with the Minister and Energy Safe
Victoria—
(a) 2 copies of a map showing the route of the
pipeline and details of the land through
which the pipeline is laid; and
(b) 2 copies of alignment drawings of the
constructed pipeline.
(2) It is a condition of a licence granted under
section 53(1) of the Act that the licensee must
report to the Minister at least once in every year
and at such other times as agreed with the
Minister on the performance of the licensee in
protecting the environment from the pipeline
operation.
(3) It is a condition of a licence granted under
section 53(1) of the Act that the licensee give the
Minister notice 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
surrender the licence for that pipeline.
12 Licence fee
(1) For the purposes of section 57(b) of the Act, the
prescribed fee is the relevant fee specified in
Table B in Schedule 2.
r. 11
-- 11 of 37 --
Part 3—Pipeline Licence Process
Pipelines Regulations 2007
S.R. No. 15/2007
9
(2) Despite subregulation (1), for the purposes of
section 57(b) of the Act, the prescribed fee for a
pipeline referred to in clause 2(b) of Schedule 1 of
the Act is nil if—
(a) the pipeline was excluded from the operation
of the Act for the whole period of its
construction but is no longer excluded; and
(b) the use of the pipeline remains the same as it
was when the pipeline was excluded.
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—
(a) be in a form approved by the Secretary
containing 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; and
(b) be signed by the licensee.
(2) For the purposes of section 63(2)(e) of the Act,
the fee for an application to amend the conditions
of the licence is 142·7 fee units.
14 Form of application for consolidation of licences
For the purposes of section 74 of the Act, the form
for an application is set out in Schedule 3.
r. 13
-- 12 of 37 --
Part 3—Pipeline Licence Process
Pipelines Regulations 2007
S.R. No. 15/2007
10
15 Fee for application for consolidation of licences
For the purposes of section 74(d) of the Act, the
fee for an application is 142·7 fee units.
16 Decommissioning plan on surrender or cancellation
of licence
For the purposes of sections 80(4) and 82 of the
Act, a decommissioning plan must set out the
following information in relation to the proposed
decommissioning process—
(a) the strategy, goals and objectives for the
decommissioning process;
(b) an assessment of technical feasibility of the
decommissioning process;
(c) an assessment of the safety of the
decommissioning process;
(d) an assessment of detrimental impacts from
the decommissioning process on land
(including reasonably foreseeable future uses
of land) and the environment and
identification of measures to control,
mitigate and manage these impacts;
(e) the impacts from the decommissioning
process on affected landholders;
(f) details of any proposed consultation about
the decommissioning process with affected
landholders and other interested parties;
(g) the methods to be used to ensure that the
pipeline will be decommissioned in
accordance with AS 2885.3—2001;
(h) 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;
r. 15
-- 13 of 37 --
Part 3—Pipeline Licence Process
Pipelines Regulations 2007
S.R. No. 15/2007
11
(i) the proposed timetable for decommissioning
works to be completed;
(j) 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.
__________________
r. 16
-- 14 of 37 --
Part 4—Access to Land for Pipeline
Pipelines Regulations 2007
S.R. No. 15/2007
12
PART 4—ACCESS TO LAND FOR PIPELINE
17 Form of notice for Registrar of Titles
For the purposes of section 92(1)(a) of the Act,
the prescribed form for notice to be given to the
Registrar of Titles is set out in Schedule 4.
18 Fee for lodging notice with Registrar of Titles
For the purposes of section 92(1)(b) of the Act,
the relevant fee to be paid to the Registrar of
Titles is 44 fee units.
__________________
r. 17
-- 15 of 37 --
Part 5—Construction and Operation of Pipelines
Pipelines Regulations 2007
S.R. No. 15/2007
13
PART 5—CONSTRUCTION AND OPERATION OF
PIPELINES
19 Incident reporting
(1) A licensee must notify the Minister 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) (whether
oral or in writing)—
(a) must be 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) must include the following information—
(i) the date, time and place of the incident;
(ii) a description of the incident;
(iii) any known or suspected cause of the
incident.
(3) A licensee must, as soon as practicable but not
later than 7 days after the occurrence of a
reportable environmental incident or a reportable
safety incident, submit a written report to the
Minister that includes the following information—
(a) the date, time and place of the incident;
(b) a description of the incident;
(c) details of any known or suspected causes of
the incident;
r. 19
-- 16 of 37 --
Part 5—Construction and Operation of Pipelines
Pipelines Regulations 2007
S.R. No. 15/2007
14
(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.
(4) 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.
(5) This regulation does not apply to a reportable
safety incident in respect of a pipeline to which
the Gas Safety Act 1997 applies.
20 Interference with incident site
(1) A person must not interfere with the place of an
incident referred to in regulation 19 during the
period of investigation of the incident without the
consent of a person or body referred to in
subregulation (2) that is investigating the incident
except as is necessary to provide—
(a) immediate assistance to any person injured;
or
(b) to recover the body of any person killed as a
result of the incident; or
r. 20
-- 17 of 37 --
Part 5—Construction and Operation of Pipelines
Pipelines Regulations 2007
S.R. No. 15/2007
15
(c) for the immediate protection of property or
the environment.
Penalty: 20 penalty units.
(2) This regulation does not prohibit any action by—
(a) a member of the police force; or
(b) Energy Safe Victoria; or
(c) an authority referred to in section 116 of the
Act.
21 Construction and operation standards
(1) For the purposes of section 100(1)(a) of the Act, a
pipeline must be constructed in accordance
AS 2885.1—1997 and AS 2885.2—2002.
(2) For the purposes of section 109(a) of the Act, a
pipeline must be operated in accordance with
AS 2885.2—2002 and AS 2885.3—2001.
22 Surveillance reporting
(1) The licensee must—
(a) keep a written report of each inspection of
the pipeline undertaken in accordance with
AS 2885.3—2001; and
(b) submit those reports to the Minister on
request.
Penalty: 20 penalty units.
(2) This regulation does not apply to a pipeline to
which the Gas Safety Act 1997 applies.
23 Annual pipeline operation fee
For the purposes of section 110 of the Act the
annual pipeline operation fee is nil.
r. 21
-- 18 of 37 --
Part 5—Construction and Operation of Pipelines
Pipelines Regulations 2007
S.R. No. 15/2007
16
24 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 those hazards that
has the potential to cause a reportable
environmental incident or a reportable safety
incident; and
(d) include a description of measures
undertaken, or to be undertaken, to reduce as
far as practicable each risk.
25 Fee for application to use pipeline to convey other
thing
For the purposes of section 113(2)(f) of the Act,
the fee is 285·4 fee units.
26 Fee for application for Ministerial direction under
section 122
For the purposes of section 122(3) of the Act, the
fee is 142·7 fee units.
27 Fee for application for approval of access to a
pipeline easement
For the purposes of section 123(2) of the Act, the
fee is 142·7 fee units.
__________________
r. 24
-- 19 of 37 --
Part 6—Safety Management Plans
Pipelines Regulations 2007
S.R. No. 15/2007
17
PART 6—SAFETY MANAGEMENT PLANS
28 Performance standards
In this Part, a performance standard in relation to
an activity must specify—
(a) who is responsible for carrying out the
activity; and
(b) what has to be done in the performance of
the activity; and
(c) when the activity has to be performed; and
(d) the expected outcome of the activity.
29 Matters to be included in Safety Management Plans
For the purposes of section 126 of the Act, the
matters to be included in a Safety Management
Plan are set out in this Part.
30 Contact details
The Safety Management Plan must contain—
(a) the name and business address of the
licensee; and
(b) the name and title of the position of the
person who is responsible for the
preparation, submission and review of the
Safety Management Plan.
31 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
(b) to show how the licensee intends to ensure
safety and maintain the integrity of the
pipeline operation; and
r. 28
-- 20 of 37 --
Part 6—Safety Management Plans
Pipelines Regulations 2007
S.R. No. 15/2007
18
(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.
32 Safety assessment
The Safety Management Plan must contain a
safety assessment of the pipeline operation that is
consistent with the description of the pipeline in
regulation 31 and that—
(a) describes the methodology used and
investigations undertaken for the safety
assessment; and
(b) identifies all of the hazards and risks arising
from the pipeline operation that have the
potential to cause a safety incident; and
(c) contains a detailed assessment of those risks;
and
(d) describes the measures undertaken, or
proposed to be undertaken, to eliminate or
minimise those risks as far as practicable.
33 Response plan
(1) The Safety Management Plan must contain a
response plan that ensures the safety of the public
and addresses all reasonably foreseeable safety
incidents that have been identified in the safety
assessment in regulation 32.
(2) The response plan must specify the performance
standards to be used to ensure the continued safe
operation and structural safety of the pipeline
operation.
r. 32
-- 21 of 37 --
Part 6—Safety Management Plans
Pipelines Regulations 2007
S.R. No. 15/2007
19
34 Construction and operation safety plans
(1) The Safety Management Plan must contain a
construction safety plan prepared in accordance
with AS 2885.1—1997.
(2) The Safety Management Plan must contain an
operating safety plan prepared in accordance with
AS 2885.3—2001.
35 Construction and operating safety plans must
specify work and staffing systems
(1) The construction safety plan and the operating
safety plan must specify the work and staffing
systems to be used for the pipeline operation to
ensure, as far as 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
(d) a permit to work system 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
r. 34
-- 22 of 37 --
Part 6—Safety Management Plans
Pipelines Regulations 2007
S.R. No. 15/2007
20
(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.
__________________
r. 35
-- 23 of 37 --
Part 7—Environment Management Plans
Pipelines Regulations 2007
S.R. No. 15/2007
21
PART 7—ENVIRONMENT MANAGEMENT PLANS
36 Matters included in Environment Management Plan
For the purposes of section 133 of the Act, the
matters to be included in an Environment
Management Plan are set out in this Part.
37 Description of pipeline activities and environment
The Environment Management Plan must—
(a) describe the activities to be carried out in
connection with the pipeline operation; 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.
38 Description of environmental impacts and risks
The Environment Management Plan must—
(a) identify the environmental impacts and risks
to the environment arising directly or
indirectly from the pipeline operation; and
(b) evaluate the environmental impacts and risks
identified under paragraph (a) that are
significant; and
(c) identify all potential emergencies that may
affect the pipeline operation and evaluate the
significant environmental impacts and risks
to the environment arising from those
emergencies.
r. 36
-- 24 of 37 --
Part 7—Environment Management Plans
Pipelines Regulations 2007
S.R. No. 15/2007
22
39 Environmental performance objectives and
standards
The Environment Management Plan must
contain—
(a) environmental performance objectives and
standards, against which the performance by
the licensee in protecting the environment
from the pipeline operation is 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) measurement criteria for determining
whether the environmental performance
objectives and standards have been met; and
(c) a statement of the licensee's environmental
policy; and
(d) a list of the environmental legislative and
non-legislative requirements referred to in
paragraphs (a)(i) and (a)(ii).
40 Consultation
The Environment Management Plan must
contain—
(a) a report on all consultation carried out
between the licensee and all relevant entities
in the course of developing the Environment
Management Plan; and
r. 39
-- 25 of 37 --
Part 7—Environment Management Plans
Pipelines Regulations 2007
S.R. No. 15/2007
23
(b) a description of any arrangements for
ongoing consultation between the licensee
and all relevant entities during the life of the
pipeline operation.
41 Implementation strategy
(1) The Environment Management Plan must contain
an implementation strategy for the pipeline
operation.
(2) The implementation strategy must identify the
specific systems, practices and procedures to be
used to ensure that—
(a) any adverse environmental impacts and risks
to the environment arising from the pipeline
operation are eliminated or minimised so far
as reasonably practicable; and
(b) the environmental performance objectives
and standards in the Environment
Management Plan are met.
(3) The implementation strategy must include
measures to enable ongoing monitoring and
evaluation of the effectiveness of the systems,
practices and procedures in subregulation (2).
(4) 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.
(5) The implementation strategy must provide for—
(a) monitoring, auditing and management of
compliance with the environmental
performance objectives and standards in the
Environment Management Plan; and
(b) the keeping of quantitative records of
emissions and discharges of substances from
the pipeline; and
r. 41
-- 26 of 37 --
Part 7—Environment Management Plans
Pipelines Regulations 2007
S.R. No. 15/2007
24
(c) review by the licensee of the licensee's
performance in relation to the environmental
performance objectives and standards in the
Environment Management Plan; and
(d) review by the licensee of the implementation
strategy.
(6) In order to eliminate or minimise the risk of harm
to the environment, the implementation strategy
must provide for the establishment and keeping of
an up-to-date emergency response manual that
includes detailed response arrangements for
dealing with any emergency that threatens the
environment in the vicinity of the pipeline
operation.
(7) The implementation strategy must include
procedures to ensure that the response
arrangements in the emergency response manual
are tested—
(a) when they are introduced; and
(b) when they are significantly amended; and
(c) not later than 12 months after the most recent
test.
(8) The implementation strategy must provide for
adequate consultation by the licensee with all
relevant entities in relation to the licensee's
performance in protecting the environment from
the pipeline operation.
42 Environmental incidents
The Environment Management Plan must contain
procedures to ensure that details of all reportable
and non-reportable environmental incidents are
recorded and kept so that they may be made
available to an inspector exercising his or her
power under the Act.
r. 42
-- 27 of 37 --
Part 7—Environment Management Plans
Pipelines Regulations 2007
S.R. No. 15/2007
25
43 Records and reporting
The Environment Management Plan must contain
details of arrangements for—
(a) recording information about the measures
that the licensee has taken to meet the
environmental performance objectives and
standards contained in the Environment
Management Plan to enable an inspector to
determine whether those objectives and
standards have been met or are being met;
and
(b) reporting to the Minister under regulation
11(2).
__________________
r. 43
-- 28 of 37 --
Part 8—Administrative Matters
Pipelines Regulations 2007
S.R. No. 15/2007
26
PART 8—ADMINISTRATIVE MATTERS
44 Fee for access to registered information
(1) For the purposes of section 188(1) of the Act, the
fee for access to the Pipelines Register on any day
is 9·4 fee units per hour up to a maximum of
37·6 fee units.
(2) For the purposes of section 188(1) of the Act, the
fee for each page of information provided from
the Pipelines Register is—
(a) 0·2 fee units for an A4 page; and
(b) 0·5 fee units for an A2 page.
__________________
r. 44
-- 29 of 37 --
Pipelines Regulations 2007
S.R. No. 15/2007
27
SCHEDULES
SCHEDULE 1
Regulation 7
Pipelines Act 2005
Pipelines Regulations 2006
NOTICE UNDER SECTION 27 OF THE PIPELINES ACT 2005
TO OWNERS AND OCCUPIERS OF LAND IN A PIPELINE
CORRIDOR
To: [insert name and address of person(s) who owns or occupies land in the
proposed 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 proposed pipeline corridor is attached to this
Notice [attach copy of a plan drawn to an appropriate scale showing the
proposed 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:
Sch. 1
-- 30 of 37 --
Pipelines Regulations 2007
S.R. No. 15/2007
28
Note 1
A pipeline corridor is an area of land being considered as a possible suitable
location for the siting of a pipeline regulated by the Pipelines Act 2005.
The final location of the proposed pipeline within the corridor is subject to
consultation and approval under the Pipelines Act 2005.
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.
__________________
Sch. 1
-- 31 of 37 --
Pipelines Regulations 2007
S.R. No. 15/2007
29
SCHEDULE 2
Regulation 9
TABLE A—LICENCE APPLICATION FEE
Column 1
Pipeline
Length
Column 2
Fee units
(Environment
Effects
Statement
required 1)
Column 3
Fee units
(Environment
Effects
Statement not
required subject
to conditions2)
Column 4
Fee units
(Environment
Effects
Statement not
required 3)
Less than 10 km 2818·1 1412·6 528
10–20 km 4245·1 2375·8 528
20–50 km 4245·1 2782·5 948·9
50–100 km 4245·1 2782·5 948·9
More than
100km
4245·1 3710 1441·2
Notes
1. The fees in column 2 apply if the Minister administering the
Environment Effects Act 1978 decides under section 8B(3)(a) of that
Act that an Environment Effects Statement is required for the proposed
pipeline.
2. The fees in column 3 apply if the Minister administering the
Environment Effects Act 1978 decides under section 8B(3)(b) of that
Act that an Environment Effects Statement is not required for the
proposed pipeline if certain conditions specified by the Minister are
met.
3. The fees in column 4 apply if the Minister administering the
Environment Effects Act 1978 decides under section 8B(3)(c) of that
Act that an Environment Effects Statement is not required.
Sch. 2
-- 32 of 37 --
Pipelines Regulations 2007
S.R. No. 15/2007
30
Regulation 12(1)
TABLE B—LICENCE FEE
Column 1
Pipeline Length
Column 2
Fee units
Less than 10 km 1676·6
10–20 km 3710
20–50 km 5543·5
50–100 km 6970·4
More than 100 km 8540
__________________
Sch. 2
-- 33 of 37 --
Pipelines Regulations 2007
S.R. No. 15/2007
31
SCHEDULE 3
Regulation 14
Pipelines Act 2005
Pipelines Regulations 2006
APPLICATION UNDER SECTION 74 OF THE PIPELINES
ACT 2005 FOR AMENDED LICENCE
To: Minister administering the Pipelines Act 2005
I, , apply under section 73 of the Pipelines Act 2005
[insert name of licensee including Australian Business Number]
for the amendment of pipeline licence number (the main licence)
to consolidate it with the whole or part of the following pipeline licence
number/s 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
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
__________________
Sch. 3
-- 34 of 37 --
Pipelines Regulations 2007
S.R. No. 15/2007
32
SCHEDULE 4
Regulation 17
Pipelines Act 2005
Pipelines Regulations 2006
NOTICE TO REGISTRAR OF TITLES OF NOTICE OF
APPLICATION TO THE MINISTER FOR CONSENT TO
COMPULSORILY ACQUIRE AN EASEMENT OVER
PRIVATE LAND
To: The Registrar of Titles
From: Proponent/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/licensee*:
Signature of the proponent/licensee*:
Date:
*delete whichever does not apply
═══════════════
Sch. 4
-- 35 of 37 --
Pipelines Regulations 2007
S.R. No. 15/2007
33
ENDNOTES
1 Reg. 4: S.R. No. 90/2000 as amended by S.R. No. 88/2004.
——
Table of Applied, Adopted or Incorporated Matter Required by
Subordinate Legislation Regulations 2004
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 2004.
Statutory Rule
Provision
Title of applied, adopted or
incorporated document
Matter in
applied,
adopted or
incorporated
document
Regulations 21(1),
34(1)
AS 2885.1: Pipelines—Gas
and Liquid Petroleum, Part 1:
Design and construction,
published on 5 May 1997, as
amended from time to time
Whole
Regulations 21(1)
and 21(2)
AS 2885.2: Pipelines—Gas
and Liquid Petroleum, Part 2:
Welding, published 21 June
2002 as amended from time to
time
Whole
Regulations 16(g),
21(2), 22(1)(a) and
34(2)
AS 2885.3: Pipelines—Gas
and Liquid Petroleum, Part 3:
Operation and maintenance,
published 6 August 2001 as
amended from time to time
Whole
Endnotes
-- 36 of 37 --
Pipelines Regulations 2007
S.R. No. 15/2007
34
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 2006 is
$10.75. 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.
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 2006 is
$107.43.
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.
-- 37 of 37 --