Energy and Resources Legislation Amendment Act 2008

Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 TABLE OF PROVISIONS Section Page PART 1—PRELIMINARY 1 1 Purposes 1 2 Commencement 3 PART 2—AMENDMENT OF ELECTRICITY SAFETY ACT 1998 4 3 Registration of electrical contractors 4 4 Repeal of redundant provisions 4 5 Increased penalty—Certificate of inspection 4 6 Section 93 substituted and new section 93A inserted 4 93 Operation of cathodic protection systems 4 93A Evidentiary provision—operation of cathodic protection systems 5 7 Infringement notices 6 8 Substitution of section 140A consequential to commencement of Part 2 of the Electricity Safety Amendment Act 2007 6 PART 3—AMENDMENT OF GEOTHERMAL ENERGY RESOURCES ACT 2005 7 9 Procedure if tender does not result in the granting of a permit 7 10 New section 23A inserted 8 23A Priority of competing applications in respect of same land 8 11 Right to apply for lease 8 PART 4—AMENDMENT OF MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 9 12 Variation of work plan on application of a licensee 9 13 Amendment of reference to regulations 9 14 Tourist fossicking authority 9 15 Increased penalty—obligation of holder of tourist fossicking authority 10 16 Repeal of redundant provisions 10 i -- 1 of 17 -- Section Page PART 5—AMENDMENT OF PIPELINES ACT 2005 11 17 Increased penalties for certain offences 11 18 Applicant for compulsory acquisition of easement to comply with approved consultation plan 11 PART 6—AMENDMENT OF OTHER ACTS 12 19 Amendment of Electricity Industry Act 2000 12 20 Amendment of Electricity Safety Amendment Act 2007 12 21 Amendment of Petroleum Act 1998 12 PART 7—REPEAL OF AMENDING ACT 14 22 Repeal of amending Act 14 ═══════════════ ENDNOTES 15 ii -- 2 of 17 -- Victoria Energy and Resources Legislation Amendment Act 2008† No. 25 of 2008 [Assented to 3 June 2008] The Parliament of Victoria enacts: PART 1—PRELIMINARY 1 Purposes The main purposes of this Act are— (a) to amend the Electricity Safety Act 1998— (i) to provide further for the regulation of the operation of cathodic protection systems; and 1 -- 3 of 17 -- Part 1—Preliminary Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 s. 1 (ii) to enable electrical contractors to be registered for periods of up to five years; and (iii) to increase the penalty for an offence under that Act; and (b) to amend the Electricity Safety Amendment Act 2007 to increase the penalty for an offence; and (c) to amend the Geothermal Energy Resources Act 2005— (i) to provide further for competitive tendering for exploration permits; and (ii) to require applications for retention leases to be made at least 90 days before the expiry of an exploration permit; and (d) to amend the Mineral Resources (Sustainable Development) Act 1990— (i) to clarify that a tourist fossicking authority may be granted to a body corporate; and (ii) to repeal certain redundant provisions; and (iii) to increase the penalty for an offence under that Act; and (e) to amend the Petroleum Act 1998 to require applications for retention leases to be made at least 90 days before the expiry of an exploration permit; and (f) to amend the Pipelines Act 2005 to increase the penalties for certain offences; and (g) to make other miscellaneous amendments to those Acts and to the Electricity Industry Act 2000. 2 -- 4 of 17 -- Part 1—Preliminary Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 s. 2 2 Commencement (1) This Act, other than section 8, comes into operation on the day after the day on which it receives the Royal Assent. (2) Subject to subsection (3), section 8 comes into operation on a day to be proclaimed. (3) If section 8 does not come into operation before 1 January 2010, it comes into operation on that day. __________________ 3 -- 5 of 17 -- Part 2—Amendment of Electricity Safety Act 1998 Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 s. 3 PART 2—AMENDMENT OF ELECTRICITY SAFETY ACT 1998 3 Registration of electrical contractors In section 31(4) of the Electricity Safety Act 1998, for "one year" substitute "up to 5 years determined by Energy Safe Victoria and specified in the register kept under section 33". See: Act No. 25/1998. Reprint No. 4 as at 30 January 2006 and amending Act Nos 24/2006, 29/2006, 32/2006 and 61/2007. LawToday: www. legislation. vic.gov.au 4 Repeal of redundant provisions Sections 34(2)(a) and 41(2)(a) of the Electricity Safety Act 1998 are repealed. 5 Increased penalty—Certificate of inspection For the penalty at the foot of section 45(4) of the Electricity Safety Act 1998 substitute— "Penalty: 50 penalty units.". 6 Section 93 substituted and new section 93A inserted For section 93 of the Electricity Safety Act 1998 substitute— "93 Operation of cathodic protection systems (1) The owner of a cathodic protection system must not operate or allow another person to operate that system unless it is registered by 4 -- 6 of 17 -- Part 2—Amendment of Electricity Safety Act 1998 Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 s. 6 Energy Safe Victoria in accordance with the regulations. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. (2) The owner of a cathodic protection system must ensure that the system is operated in accordance with— (a) this Act and the regulations; and (b) any conditions to which the registration is subject. Penalty: In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. 93A Evidentiary provision—operation of cathodic protection systems (1) This section applies if— (a) the person operating a cathodic protection system is not the owner of that system; and (b) that person is operating that system under the authority or with the consent of the owner of that system. (2) The owner of a cathodic protection system is not guilty of an offence under section 93(2) if the owner reasonably believed that the system was operated by the person in accordance with— (a) this Act and the regulations; and (b) any conditions to which the registration is subject.". 5 -- 7 of 17 -- Part 2—Amendment of Electricity Safety Act 1998 Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 s. 7 7 Infringement notices In section 140A of the Electricity Safety Act 1998, for the definition of prescribed offence substitute— "prescribed offence means— (a) an offence against section 30, 32, 35(1), 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b), 43(4), 44(2), 44(3), 45(1), 45(2), 45(3), 45(4), 45A(1), 45A(3), 45B(4), 45B(9)(a), 45B(9)(b), 54, 57(2), 60(2), 68, 76(1), 77(1), 77(2), 77(3), 78, 83A(1), 83A(3), 83B(1), 104(3), 105(4), 114A(4), 115(1), 117(1) or 142(2); or (b) an offence against a provision of the regulations that is prescribed.". 8 Substitution of section 140A consequential to commencement of Part 2 of the Electricity Safety Amendment Act 2007 In section 140A of the Electricity Safety Act 1998, for the definition of prescribed offence substitute— "prescribed offence means— (a) an offence against section 30, 32, 35(1), 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b), 43(4), 44(2), 44(3), 45(1), 45(2), 45(3), 45(4), 45A(1), 45A(3), 45B(4), 45B(9)(a), 45B(9)(b), 54, 57(2), 60(2), 68, 76(1), 77(1), 77(2), 77(3), 78, 83A(1), 83A(3), 83B(1), 108, 110, 119, 120B, 120H(4) or 142(2); or (b) an offence against a provision of the regulations that is prescribed.". __________________ 6 -- 8 of 17 -- Part 3—Amendment of Geothermal Energy Resources Act 2005 Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 s. 9 PART 3—AMENDMENT OF GEOTHERMAL ENERGY RESOURCES ACT 2005 9 Procedure if tender does not result in the granting of a permit (1) For section 23(2) of the Geothermal Energy Resources Act 2005 substitute— See: Act No. 7/2005 and amending Act Nos 16/2006, 63/2006 and 4/2008. LawToday: www. legislation. vic.gov.au "(2) The Minister may— (a) invite further applications for an exploration permit for the relevant area; or (b) commence a new tender process under section 18.". (2) In section 23(3) of the Geothermal Energy Resources Act 2005— (a) for "Sections 18" substitute "Sections 19"; (b) for "subsection (2)" substitute "subsection (2)(a)". (3) After section 23(3) of the Geothermal Energy Resources Act 2005 insert— "(3A) If the Minister invites further applications under subsection (2)(a) the Minister may specify— (a) new chief factors that will be considered by him or her in assessing those applications; and (b) the date by which applications must be made. (3B) If the Minister specifies new chief factors under subsection (3A), the Minister must state whether he or she will also consider the chief factors originally specified under section 18.". 7 -- 9 of 17 -- Part 3—Amendment of Geothermal Energy Resources Act 2005 Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 s. 10 (4) In section 23(4) of the Geothermal Energy Resources Act 2005, after "application" insert "in response to an invitation under subsection (2)(a)". 10 New section 23A inserted After section 23 of the Geothermal Energy Resources Act 2005 insert— "23A Priority of competing applications in respect of same land (1) If more than one application under section 23(2)(a) is received on the same day in respect of the same land, the Minister must assign an order of priority to those applications. (2) In assessing the order of priority under subsection (1), the Minister must take into account the chief factors set out in sections 20(2)(a) to 20(2)(e). (3) The application that has been assigned the highest priority under this section must be assessed without regard to anything contained in applications having a lower priority.". 11 Right to apply for lease At the end of section 34 of the Geothermal Energy Resources Act 2005 insert— "(2) An application for a retention lease must be made at least 90 days before the applicant's exploration permit is due to expire. (3) Despite subsection (2), the Minister may on the payment of any late fee required by the regulations consider an application for a retention lease that does not comply with that subsection.". __________________ 8 -- 10 of 17 -- Part 4—Amendment of Mineral Resources (Sustainable Development) Act 1990 Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 s. 12 PART 4—AMENDMENT OF MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 12 Variation of work plan on application of a licensee In section 41(6) of the Mineral Resources (Sustainable Development) Act 1990, for "subsection (4)" substitute "subsection (3)". See: Act No. 92/1990. Reprint No. 7 as at 9 February 2007 and amending Act Nos 16/2006 and 63/2006. LawToday: www. legislation. vic.gov.au 13 Amendment of reference to regulations In section 43B(2) of the Mineral Resources (Sustainable Development) Act 1990, for "Fire Protection Regulations 1992" substitute "Forests (Fire Protection) Regulations 2004". 14 Tourist fossicking authority (1) In section 59(1) of the Mineral Resources (Sustainable Development) Act 1990, after "the holder" (where first occurring) insert ", or any employee or agent of the holder if the holder is not a natural person,". (2) In section 59(1A) of the Mineral Resources (Sustainable Development) Act 1990, for "the holder is entitled" substitute "the holder, or any employee or agent of the holder if the holder is not a natural person, are entitled". 9 -- 11 of 17 -- Part 4—Amendment of Mineral Resources (Sustainable Development) Act 1990 Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 s. 15 15 Increased penalty—obligation of holder of tourist fossicking authority For the penalty at the foot of section 62(3) of the Mineral Resources (Sustainable Development) Act 1990 substitute— "Penalty: 50 penalty units.". 16 Repeal of redundant provisions (1) Section 108 of the Mineral Resources (Sustainable Development) Act 1990 is repealed. (2) Section 124(1)(e) of the Mineral Resources (Sustainable Development) Act 1990 is repealed. __________________ 10 -- 12 of 17 -- Part 5—Amendment of Pipelines Act 2005 Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 s. 17 PART 5—AMENDMENT OF PIPELINES ACT 2005 17 Increased penalties for certain offences (1) For the penalty at the foot of section 14 of the Pipelines Act 2005 substitute— See: Act No. 61/2005 and amending Act Nos 29/2006 and 60/2006. LawToday: www. legislation. vic.gov.au "Penalty: In the case of a natural person, 240 penalty units; In the case of a body corporate, 1200 penalty units.". (2) For the penalty at the foot of section 15 of the Pipelines Act 2005 substitute— "Penalty: In the case of a natural person, 240 penalty units; In the case of a body corporate, 1200 penalty units.". 18 Applicant for compulsory acquisition of easement to comply with approved consultation plan After section 95(1) of the Pipelines Act 2005 insert— "(1A) In considering whether the proponent or licensee has taken all reasonable steps for the purposes of subsection (1)(a), the Minister must consider whether the proponent or licensee has satisfied the requirements set out in an approved consultation plan.". __________________ 11 -- 13 of 17 -- Part 6—Amendment of Other Acts Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 s. 19 PART 6—AMENDMENT OF OTHER ACTS 19 Amendment of Electricity Industry Act 2000 See: Act No. 68/2000. Reprint No. 4 as at 9 November 2006 and amending Act Nos 35/2007 and 55/2007. LawToday: www. legislation. vic.gov.au In section 16(2) of the Electricity Industry Act 2000 for "the Public Transport Corporation established under the Transport Act 1983" substitute "a passenger transport company within the meaning of the Transport Act 1983". 20 Amendment of Electricity Safety Amendment Act 2007 See: Act No. 61/2007. Statute Book: www. legislation. vic.gov.au In section 7 of the Electricity Safety Amendment Act 2007— (a) in proposed section 117(3) of the Electricity Safety Act 1998, for "the network operator referred to in section 116" substitute "the person"; and (b) for the penalty at the foot of proposed section 120H(4) of the Electricity Safety Act 1998 substitute— "Penalty: 200 penalty units.". 21 Amendment of Petroleum Act 1998 See: Act No. 96/1998. Reprint No. 1 as at 18 September 2007. LawToday: www. legislation. vic.gov.au At the end of section 38 of the Petroleum Act 1998 insert— "(2) An application for a retention lease must be made at least 90 days before the applicant's exploration permit is due to expire. (3) Despite subsection (2), the Minister may on the payment of any late fee required by the regulations consider an application for a 12 -- 14 of 17 -- Part 6—Amendment of Other Acts Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 s. 21 retention lease that does not comply with that subsection.". __________________ 13 -- 15 of 17 -- Part 7—Repeal of Amending Act Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 s. 22 PART 7—REPEAL OF AMENDING ACT 22 Repeal of amending Act This Act is repealed on 1 January 2011. Note The repeal of this Act does not affect the continuing operation of the amendments made by it (see section 15(1) of the Interpretation of Legislation Act 1984). ═══════════════ 14 -- 16 of 17 -- Energy and Resources Legislation Amendment Act 2008 No. 25 of 2008 Endnotes ENDNOTES † Minister's second reading speech— Legislative Assembly: 17 April 2008 Legislative Council: 8 May 2008 The long title for the Bill for this Act was "A Bill for an Act to amend the Electricity Industry Act 2000, the Electricity Safety Act 1998, the Electricity Safety Amendment Act 2007, the Geothermal Energy Resources Act 2005, the Mineral Resources (Sustainable Development) Act 1990, the Petroleum Act 1998 and the Pipelines Act 2005 and for other purposes." 15 -- 17 of 17 --