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The objectives of these Regulations are—
to prescribe information required in the pre‑licence and licence application processes; and
to prescribe conditions that apply to licences; and
to prescribe the contents of a decommissioning plan; and
to provide for the reporting of safety and environmental incidents in relation to pipeline operations; and
to prescribe standards for the construction and operation of pipelines; and
to prescribe matters to be contained in Safety Management Plans; and
to prescribe matters to be contained in Environment Management Plans; and
to prescribe infringement offences and penalties; and
to prescribe various forms, fees and procedures authorised by the Pipelines Act 2005.
These Regulations are made under section 190 of the Pipelines Act 2005.
These Regulations come into operation on 26 March 2017.
The Pipelines Regulations 2007[1] are revoked.
In these Regulations—
AS 2885.1—2012 means AS 2885.1: Pipelines—Gas and liquid petroleum Part 1: Design and construction as published and amended from time to time;
AS 2885.3—2012 means AS 2885.3: Pipelines—Gas and liquid petroleum Part 3: Operation and maintenance as published and 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;
non-reportable safety incident means an incident involving a risk to the safety of the public (other than a reportable safety incident) arising out of a pipeline operation;
relevant entity means—
an authority of the Commonwealth that has responsibilities for protecting the environment; or
an authority of the State that has responsibilities for protecting the environment; or
any other body, the principal objects of which are the protection of the environment; or
any other body or person affected by the pipeline operation;
reportable environmental incident means an incident arising out of a pipeline operation—
that causes substantial damage to the environment; or
that has significant potential impact on the environment;
reportable safety incident means an incident arising out of a pipeline operation that causes or has the potential to cause––
any person to suffer a serious injury or to die; or
substantial damage to, or destruction of, property or the pipeline; or
an ignition or escape of anything 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.
For the purposes of section 19(2) of the Act, a notice of intention to enter land for the purpose of a survey must contain the following prescribed information—
the name and address of the proponent of the proposed pipeline;
if the notice relates to private land, the name and address of the owner or occupier of the land (as the case requires);
if the notice relates to Crown land—
the name of the Crown Land Minister; or
the name and address of any occupier;
details of the proposed survey;
the intended use of the proposed pipeline;
the name and address of the person or body engaged to carry out the survey of the proposed pipeline;
a map of the pipeline corridor or proposed route of the pipeline over the land that shows the following—
the relevant part of the land over which the survey is proposed to be made;
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;
in the case of Crown land, sufficient particulars to identify the land.
For the purposes of section 27(2)(a) of the Act, the prescribed form for giving notice of the proposed pipeline to the owners and occupiers of land in a pipeline corridor is set out in Schedule 1.
For the purposes of section 30(c) of the Act, an application for a licence to construct and operate a pipeline—
must contain the following prescribed matters—
the Australian Business Number of the applicant;
the telephone number, fax number and email address of the applicant;
the commencement and termination points of the pipeline corridor and the proposed route of the pipeline;
the length of the pipeline;
the proposed maximum allowable operating pressure of the pipeline;
the proposed dates for commencement and completion of construction of the pipeline;
identification of the environmental, social and safety impacts arising from the proposed pipeline and pipeline operation, based on the surrounding current land uses and reasonably foreseeable future land uses;
outline of the measures to be undertaken to control, mitigate and manage identified impacts arising from the proposed pipeline and pipeline operation;
details of alternative pipeline routes considered by the applicant and reasons for selecting the proposed pipeline route in accordance with AS 2885.1—2012;
a comparison of the environmental, social and safety impacts arising from each of the alternative pipeline routes set out in subparagraph (ix) and the proposed pipeline;
details of land ownership and title details (if applicable) for the land through which the proposed pipeline route or corridor is to be constructed;
plans and design specifications of the proposed pipeline including metering stations, aboveground and underground facilities; and
must be signed by the applicant.
For the purposes of section 30(d) of the Act, a map showing the pipeline corridor must be drawn to the prescribed scale of not less than 1:250 000.
For the purposes of section 30(e) of the Act, the prescribed application fee for a licence to construct and operate a pipeline is the relevant fee specified in Table 1 of Schedule 2.
For the purposes of section 32(2)(a) of the Act, a notice of the application for a licence must contain the following prescribed information—
the business name, Australian Business Number, business address and postal address of the applicant;
the business contact details of the applicant including the name of a nominated contact person for enquiries regarding the application and the contact person's telephone number and fax number;
the date on which the licence application was made;
the particulars of the proposed pipeline including—
the use to which the proposed pipeline will be put; and
the anticipated dates of commencement and completion of construction of the pipeline;
a written description and a map of the pipeline corridor and the proposed route of the pipeline.
For the purposes of section 54(1)(a) of the Act, a licence granted under section 53(1) of the Act is subject to the following prescribed terms and conditions—
the licensee must, as soon as practicable after the construction of the pipeline, lodge with the Minister and Energy Safe Victoria—
2 hard copies and an electronic copy of a map that—
shows the route of the pipeline as constructed; and
identifies the commencement and termination points of the pipeline; and
includes details of the land through which the pipeline is laid; and
2 hard copies and an electronic copy of alignment drawings of the constructed pipeline;
the licensee must provide a report to the Minister and Energy Safe Victoria within 90 days of the end of each financial year on the performance of the licensee in protecting the environment from the pipeline operations;
the licensee must provide a report to the Minister and Energy Safe Victoria within 90 days of the end of each financial year on the performance of the licensee in maintaining the safety and integrity of the pipeline;
the licensee must notify the Minister and Energy Safe Victoria 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 decommission the pipeline or part of the pipeline under Division 8A of Part 5 of the Act.
A notice under subregulation (1)(d) must—
state the intention to cease to convey substances through the pipeline; and
state the period of the proposed cessation; and
set out the means by which the licensee will comply with any standards, specifications and conditions that apply to the pipeline operation, during the cessation period.
For the purposes of section 57(b) of the Act, the prescribed fee is nil.