Energy Legislation (Miscellaneous Amendments) Act 2005

i Energy Legislation (Miscellaneous Amendments) Act 2005 Act No. 33/2005 TABLE OF PROVISIONS Section Page 1. Purposes 1 2. Commencement 2 3. Amendments to the Electricity Safety Act 1998 2 4. Amendments to the Electricity Industry Act 2000 3 5. Amendment to the Gas Industry Act 2001 4 6. Amendments to the Fuel Emergency Act 1977 5 ═══════════════ ENDNOTES 6 -- 1 of 7 -- 1 Energy Legislation (Miscellaneous Amendments) Act 2005 † [Assented to 21 June 2005] The Parliament of Victoria enacts as follows: 1. Purposes The purposes of this Act are— (a) to amend the Electricity Safety Act 1998 in relation to the level of safety to be provided under electricity safety management schemes submitted by network operators; and (b) to amend the Electricity Industry Act 2000 in relation to the methodology for determining amounts payable by generation companies for land use; and Victoria No. 33 of 2005 -- 2 of 7 -- Act No. 33/2005 Energy Legislation (Miscellaneous Amendments) Act 2005 2 (c) to amend the Gas Industry Act 2001 to provide that a review of VENCorp may be undertaken before 2007; and (d) to amend the Fuel Emergency Act 1977 in relation to proclamations declaring a state of emergency due to a fuel shortage. 2. Commencement This Act comes into operation on the day after the day on which it receives the Royal Assent. 3. Amendments to the Electricity Safety Act 1998 (1) In section 3 of the Electricity Safety Act 1998 insert the following definition— ' "practicable", in sections 111 and 119, means practicable having regard to— (a) the severity of the hazard or risk in question; and (b) the state of knowledge about the hazard or risk and any ways of removing or mitigating the hazard or risk; and (c) the availability and suitability of ways to remove or mitigate the hazard or risk; and (d) the cost of removing or mitigating the hazard or risk;'. (2) For section 111(1)(ab) of the Electricity Safety Act 1998 substitute— "(ab) in the case of a scheme submitted by a network operator, the Office is satisfied that the level of safety to be provided by the scheme minimises as far as practicable— s. 2 See: Act No. 25/1998. Reprint No. 3 as at 29 July 2002 and amending Act Nos 40/2003, 12/2004, 25/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au -- 3 of 7 -- Act No. 33/2005 Energy Legislation (Miscellaneous Amendments) Act 2005 3 (i) the hazards and risks to the safety of any person arising from the upstream network to which the scheme applies; and (ii) the hazards and risks of damage to the property of any person arising from the upstream network to which the scheme applies; and (ac) in the case of any other scheme, the Office is satisfied that the level of safety to be provided by the scheme is not less than the level of safety which is required to be provided by this Act and the regulations; and". 4. Amendments to the Electricity Industry Act 2000 (1) For section 94(6) of the Electricity Industry Act 2000 substitute— "(6) In determining an amount required to be paid under sub-section (5), an arbitrator must have regard to any methodology prescribed by an Order under sub-section (6A). (6A) The Governor in Council may, by Order published in the Government Gazette, prescribe a methodology for determining amounts payable under sub-section (5). (6B) A power may only be exercised under sub- section (6A) on the joint recommendation of the Minister and the Minister administering the Local Government Act 1989.". See: Act No. 68/2000. Reprint No. 2 as at 1 July 2004 and amending Act Nos 106/2003, 12/2004, 25/2004, 75/2004, 82/2004, 86/2004 and 91/2004. LawToday: www.dms. dpc.vic. gov.au s. 4 -- 4 of 7 -- Act No. 33/2005 Energy Legislation (Miscellaneous Amendments) Act 2005 4 (2) In section 94(9) of the Electricity Industry Act 2000— (a) for the definition of "land used for generation functions" substitute— ' "land used for generation functions" means land on which a power station is situated— (a) whether or not the land consists of more than one parcel of land; and (b) if the land consists of more than one parcel, whether or not those parcels are contiguous or in the same ownership;'; (b) for the definition of "relevant council" substitute— ' "relevant council" means any council in whose municipal district any land used for generation functions (or any part of that land) is situated.'. 5. Amendment to the Gas Industry Act 2001 In section 205(1) of the Gas Industry Act 2001 omit "in 2007". See: Act No. 31/2001. Reprint No. 2 as at 1 March 2005 and amending Act Nos 25/2004 and 108/2004. LawToday: www.dms. dpc.vic. gov.au s. 5 -- 5 of 7 -- Act No. 33/2005 Energy Legislation (Miscellaneous Amendments) Act 2005 5 6. Amendments to the Fuel Emergency Act 1977 In section 3 of the Fuel Emergency Act 1977— (a) in sub-section (1), after "persons" insert "or an event has occurred or is about to occur"; (b) in sub-section (3), for "seven days" substitute "3 months". ═══════════════ See: Act No. 8976. Reprint No. 1 as at 31 December 1996. LawToday: www.dms. dpc.vic. gov.au s. 6 -- 6 of 7 -- Act No. 33/2005 Energy Legislation (Miscellaneous Amendments) Act 2005 6 ENDNOTES † Minister's second reading speech— Legislative Assembly: 5 May 2005 Legislative Council: 26 May 2005 The long title for the Bill for this Act was "to amend the Electricity Safety Act 1998 in relation to the level of safety to be provided under electricity safety management schemes submitted by network operators, to amend the Electricity Industry Act 2000 in relation to the methodology for determining amounts payable by generation companies for land use, to amend the Gas Industry Act 2001 to provide that a review of VENCorp may be undertaken before 2007 and to amend the Fuel Emergency Act 1977 in relation to proclamations declaring a state of emergency due to a fuel shortage and for other purposes." Endnotes -- 7 of 7 --