1Purpose
The main purpose of this Act is to provide for the establishment of a national framework to enable third parties to gain access to certain natural gas pipeline services.
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Bill homepage (legislation.vic.gov.au)The main purpose of this Act is to provide for the establishment of a national framework to enable third parties to gain access to certain natural gas pipeline services.
This Act comes into operation on a day or days to be proclaimed.
In this Act—
S. 3(1) def. of AEMO inserted by No. 23/2009 s. 16.
AEMO means Australian Energy Market Operator Limited (ACN 072 010 327);
S. 3(1) def. of Department inserted by No. 24/2023 s. 10.
Department means Department of Energy, Environment and Climate Action;
S. 3(1) def. of Energy Safe Victoria inserted by No. 23/2009 s. 16, substituted by No. 4/2020 s. 57.
Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;
S. 3(1) def. of Essential Services Commission or ESC inserted by No. 23/2009 s. 16.
Essential Services Commission or ESC means the Essential Services Commission established under section 7 of the Essential Services Commission Act 2001;
S. 3(1) def. of MSO Rules inserted by No. 23/2009 s. 16.
MSO Rules means the rules made on 2 February 1999 under section 48N of the Gas Industry Act 1994 (and continued in effect under clause 17 of Schedule 5 to the Gas Industry (Residual Provisions) Act 1994), as in force immediately before the transition day;
National Gas (Victoria) Law means the provisions applying because of section 7;
National Gas (Victoria) Regulations means the provisions applying because of section 8;
S. 3(1) def. of South Australian Act amended by No. 43/2012 s. 3(Sch. item 33).
South Australian Act means the National Gas (South Australia) Act 2008 of South Australia;
S. 3(1) def. of transition day inserted by No. 23/2009 s. 16.
transition day means the day on which section 34 of the Energy Legislation Amendment (Australian Energy Market Operator) Act 2009 comes into operation.
Words and expressions used in the National Gas (Victoria) Law and in this Act have the same respective meanings in this Act as they have in that Law.
This section does not apply to the extent that the context or subject matter otherwise indicates or requires.
This Act, the National Gas (Victoria) Law and the National Gas (Victoria) Regulations bind the Crown, not only in right of Victoria but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
This Act, the National Gas (Victoria) Law and the National Gas (Victoria) Regulations apply in the coastal waters of this State as if the coastal waters were within the limits of the State.
In this section—
adjacent area in respect of the State means the adjacent area of this jurisdiction under the National Gas (Victoria) Law (as defined by section 9(1) of this Act);
coastal waters, in relation to this State, means any sea that is on the landward side of the adjacent area in respect of the State but is not within the limits of the State.
It is the intention of the Parliament that this Act, the National Gas (Victoria) Law and the National Gas (Victoria) Regulations should, so far as possible, operate to the full extent of the extra-territorial legislative power of the State.
The National Gas Law set out in the Schedule to the South Australian Act, as in force for the time being—
applies as a law of Victoria; and
as so applying may be referred to as the National Gas (Victoria) Law.
The Regulations in force for the time being under Part 3 of the South Australian Act—
apply as regulations in force for the purposes of the National Gas (Victoria) Law; and
as so applying may be referred to as the National Gas (Victoria) Regulations.
In the National Gas (Victoria) Law and the National Gas (Victoria) Regulations—
S. 9(1) def. of adjacent area of another participating jurisdiction substituted by No. 30/2008 s. 40, amended by No. 10/2010 s. 800(Sch. 6 item 8(a)).
adjacent area of another participating jurisdiction means the offshore area of a State (other than this State) or the Northern Territory within the meaning of section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;
S. 9(1) def. of adjacent area of this jurisdiction substituted by No. 30/2008 s. 40, amended by No. 10/2010 s. 800(Sch. 6 item 8(b)).
adjacent area of this jurisdiction means the offshore area of the State within the meaning of section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;
Court means the Supreme Court of Victoria;
designated Minister means the Commonwealth Minister;
Legislature of this jurisdiction means the Parliament of Victoria;
National Gas Law or this Law means the National Gas (Victoria) Law;
this jurisdiction means the State of Victoria.
The Acts Interpretation Act 1915, and other Acts, of South Australia do not apply to—
the National Gas Law set out in the Schedule to the South Australian Act in its application as a law of Victoria; or
the regulations in force for the time being under Part 3 of the South Australian Act in their application as Regulations in force for the purposes of the National Gas (Victoria) Law.
S. 9A inserted by No. 23/2009 s. 17.
In the National Gas (Victoria) Law, and any Rules made for the purposes of that Law, designated pipeline means a pipeline designated by Order under subsection (2) to be a designated pipeline.
The Minister, by Order published in the Government Gazette, may designate a pipeline or a part of a pipeline to be a designated pipeline.
Once the Minister has made an Order designating a pipeline or a part of a pipeline to be a designated pipeline, the Minister cannot make another Order that designates any other pipeline or a part of a pipeline to be a designated pipeline.
S. 9B inserted by No. 33/2021 s. 20.
The Minister may declare either of the following to be natural gas for the purposes of the National Gas (Victoria) Law and the National Gas Rules—
a substance consisting of a mixture of natural gas and another gas;
Example
Hydrogen may be another gas.
a gas other than natural gas.
Example
Hydrogen.
Before making a declaration under subsection (1), the Minister must consult with—
the Premier; and
the Treasurer; and
Energy Safe Victoria; and
AEMO.
A declaration under subsection (1) must be published—
in the Government Gazette; and
on the Department's internet site.
A declaration under subsection (1) takes effect—
on the day it is published in the Government Gazette; or
if a later day is specified in the declaration, on that day.
On and after the day on which a declaration under subsection (1) takes effect—
the National Gas (Victoria) Law applies as a law of Victoria subject to the declaration; and
the National Gas Rules have the force of law in Victoria subject to the declaration.
The Commonwealth Minister and the Commonwealth bodies have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the national gas legislation of another participating jurisdiction.
In this section—
Commonwealth bodies means any of the following—
AER; and
NCC; and
the Tribunal.
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