Whole Act
246 provisions in continuous reading order
Loading the complete Act…
The main purpose of this Act is to re-enact with amendments the laws relating to the construction and operation of pipelines in Victoria.
This Act comes into operation on a day or days to be proclaimed.
If a provision of this Act does not come into operation before 1 July 2007, it comes into operation on that day.
The objectives of this Act are—
to facilitate the development of pipelines for the benefit of Victoria;
to create an effective, efficient and flexible regulatory system for the construction and operation of pipelines;
to establish sound consultative processes relating to the construction and operation of pipelines;
to establish processes to determine the most efficient and suitable route for each pipeline;
to protect the public from environmental, health and safety risks resulting from the construction and operation of pipelines;
to ensure that pipelines are constructed and operated in a way that minimises adverse environmental impacts and has regard for the need for sustainable development.
It is the intention of Parliament that in the administration of this Act regard should be given to the principles of sustainable development.
For the purposes of this Act the principles of sustainable development are—
individual and community wellbeing and welfare should be enhanced by following a path of economic development that safeguards the welfare of future generations;
there should be equity within and between generations;
biological diversity should be protected and ecological integrity maintained;
there should be recognition of the need to develop a strong, growing, diversified and internationally competitive economy that can enhance the capacity for environment protection;
measures to be adopted should be cost effective and flexible, not disproportionate to the issues being addressed, including improved valuation, pricing and incentive mechanisms;
both long and short term economic, environmental, social and equity considerations should be effectively integrated into decision-making;
if there are threats of serious or irreversible environmental damage, lack of full scientific certainty should not be used as a reason for postponing measures to prevent environmental degradation;
decision-making should be guided by—
a careful evaluation to avoid serious or irreversible damage to the environment wherever practicable; and
an assessment of the risk-weighted consequences of various options;
development should make a positive contribution to regional development and respect the aspirations of the community and of Indigenous peoples;
decisions and actions should provide for community involvement in issues that affect them.
In this Act—
amend in relation to the conditions of a licence, includes adding conditions to, and removing conditions from, the licence;
apparatus and works in relation to a pipe or system of pipes, includes—
apparatus for inducing or facilitating the flow or movement of anything through the pipe or system of pipes;
apparatus or structures for giving protection or support to the pipe or system of pipes;
apparatus for transmitting information or instruction with regard to the operation of the pipe or system of pipes;
apparatus and facilities required to maintain the pipe or system of pipes;
apparatus or facilities permitting the addition of anything to or removal of anything from the pipe or system of pipes to facilitate flow;
apparatus and facilities required for the inspection or safe operation of the pipe or system of pipes;
prime movers for the operation of any apparatus or works mentioned in paragraph (a) or (e);
S. 5 def. of applicant inserted by No. 68/2014 s. 72(a).
applicant means a person who has lodged an application for a licence to construct and operate a pipeline;
S. 5 def. of approved consultation information substituted by No. 68/2014 s. 72(b).
approved consultation information—
in relation to a proposed pipeline, means the information to be provided to owners and occupiers that is included in an approved consultation plan for that pipeline;
in relation to a proposed significant alteration of the route of a pipeline, means the information to be provided to owners and occupiers that is included in an approved consultation plan for that alteration;
S. 5 def. of approved consultation plan substituted by No. 68/2014 s. 72(c).
approved consultation plan means a consultation plan approved under Division 1 of Part 4 or Division 6 of Part 5;
construction, in relation to a pipeline, includes the placing or testing of the pipeline;
Crown land means land that is, or that is by any Act deemed to be, unalienated land of the Crown, and includes—
land of the Crown that is reserved permanently or temporarily by or under any Act; and
land of the Crown that is occupied by a person under a lease, licence or other right under this or any other Act—
but does not include land that is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993;
Crown Land Minister, in relation to Crown land, means the Minister for the time being responsible for the Act under which the land is controlled or managed;
S. 5 def. of Department amended by Nos 70/2013 s. 4(Sch. 2 item 35), 41/2025 s. 4(Sch. 2 item 22).
Department means the Department of Energy, Environment and Climate Action;
S. 5 def. of Energy Safe Victoria substituted by No. 4/2020 s. 51.
Energy Safe Victoria has the same meaning as it has in the Energy Safe Victoria Act 2005;
Environment Effects Minister means the Minister for the time being administering the Environment Effects Act 1978;
hydrocarbon means a compound of hydrogen and carbon in the liquid or gaseous state, or a mixture consisting mainly of such compounds;
improvement notice means an improvement notice issued under section 180;
inspector means a person authorised by the Minister under section 157;
licence means a licence issued by the Minister under Part 5;
licensee, in relation to a pipeline, means a person who is the holder of a licence issued under Part 5 for the construction and operation of that pipeline;
Native Title Act means the Native Title Act 1993 of the Commonwealth;
native title holder has the same meaning as in the Native Title Act;
occupier means a lessee or licensee of land;
S. 5 def. of operation amended by No. 68/2014 s. 72(d).
operation, in relation to a pipeline, includes testing, maintenance, alteration, decommissioning and removal of the pipeline;
S. 5 def. of owner substituted by No. 68/2014 s. 72(e).
owner—
in relation to Crown land, includes the native title holder of the land; and
in relation to private land under the Transfer of Land Act 1958 (other than land in an identified folio under that Act), means the person who is registered or entitled to be registered as the proprietor of the land; and
in relation to other private land, means—
if the land is mortgaged, the mortgagor; and
if the land is subject to a licence granted under Part 3A of the Victorian Plantations Corporation Act 1993, the licensee, under that Part, of the land; and
in any other case, the person who has the fee in the land;
petroleum has the meaning set out in section 7;
pipe or system of pipes includes—
all apparatus and works associated with the pipe or system of pipes; and
a part of the pipe or system of pipes;
pipeline means a pipe or system of pipes for the conveyance of anything through the pipe or system of pipes;
Note
Part 2 identifies the pipelines to which this Act applies.
S. 5 def. of pipeline corridor inserted by No. 68/2014 s. 72(a).
pipeline corridor means a corridor of land within which a pipeline is proposed to be constructed;
pipeline operation means the construction or operation of a pipeline;
Planning Minister means the Minister for the time being administering the Planning and Environment Act 1987;
private land means land that is not Crown land;
prohibition notice means a notice issued under section 181;
S. 5 def. of proponent amended by No. 68/2014 s. 72(f).
proponent means a person who proposes to apply for a licence to construct and operate a pipeline;
S. 5 def. of proposed pipeline corridor repealed by No. 68/2014 s. 72(g).
* * * * *
S. 5 def. of public authority substituted by No. 68/2014 s. 72(h).
public authority means a body established for a public purpose by or under any Act;
rehabilitation bond has the meaning set out in section 140;
responsible authority means responsible authority under the Planning and Environment Act 1987;
retention period means a period of 60 days after the seizure of a thing under this Act;
Secretary means Secretary to the Department;
survey includes examination;
S. 5 def. of Victorian Rail Track substituted by No. 6/2010 s. 203(1) (Sch. 6 item 34) (as amended by No. 45/2010 s. 22).
Victorian Rail Track has the same meaning as it has in section 3 of the Transport Integration Act 2010;
Water Minister means the Minister for the time being administering the Water Act 1989;
wilderness Crown land means land that is—
a reference area under the Reference Areas Act 1978; or
a wilderness zone or wilderness park under the National Parks Act 1975.
A reference in this Act to a pipeline area is a reference to any area in the authorised route of a pipeline.
A reference in this Act to this Act includes a reference to the regulations.
For the purposes of this Act, a person carries out a pipeline operation by starting, or continuing to carry on, that operation.
For the purposes of this Act, petroleum is—
any naturally occurring or processed hydrocarbon; or
any naturally occurring or processed mixture of hydrocarbons; or
any naturally occurring or processed mixture of one or more hydrocarbons and one or more of the following: hydrogen sulphide, nitrogen, helium, carbon dioxide or water.
For the purposes of this Act petroleum includes any petroleum as defined by subsection (1)(a), (1)(b) or (1)(c) and any petroleum product specified by the regulations for the purposes of this section that has been returned to a reservoir in Victoria.
For the purposes of this Act petroleum does not include any naturally occurring hydrocarbon, or mixture of hydrocarbons, within a deposit of coal or oil shale.
This Act binds the Crown in right of Victoria and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
This Act applies to—
a pipeline for the conveyance of petroleum, oxygen, carbon dioxide, hydrogen, nitrogen, compressed air, sulphuric acid or methanol through the pipeline; and
any pipeline declared under section 11 to be a pipeline to which this Act applies.
Despite section 9, this Act does not apply to—
a pipeline specified in Schedule 1; or
a pipeline declared under section 12 to be a pipeline to which this Act does not apply.
The Minister may by order published in the Government Gazette declare any pipeline or proposed pipeline to be a pipeline to which this Act applies.
The Minister may make a declaration under subsection (1) if the Minister considers that—
it is necessary to regulate the pipeline under this Act for safety or environmental reasons; or
it is in the public interest for the pipeline to be regulated under this Act; or
it is otherwise appropriate to do so.
The Minister may by order published in the Government Gazette declare any pipeline or proposed pipeline to be a pipeline to which this Act does not apply.
The Minister may make a declaration under subsection (1) if the Minister considers that—
the pipeline is safe and it is appropriate to exclude it; or
there is a minimal risk that the pipeline will have a substantial adverse environmental impact; or
it is otherwise appropriate to do so.
S. 13 (Heading) amended by No. 43/2012 s. 3(Sch. item 38).
S. 13 amended by No. 10/2010 s. 800(Sch. 6 item 12.1).