Subdivision Subdiv 3 - Electricity Safety Act 1998 - Acceptance and validation of bushfire mitigation plans 123 | ZoeVICIn ForceAct
Electricity Safety Act 1998
Subdiv 3Acceptance and validation of bushfire mitigation plans 123
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Subdivision 3—Acceptance and validation of bushfire mitigation plans 123
83BC Validation of bushfire mitigation plans and revised bushfire mitigation plans 123
83BD Additional information 124
83BE Acceptance of bushfire mitigation plans and revised bushfire mitigation plans 124
83BF Provisional acceptance of bushfire mitigation plan or revised bushfire mitigation plan 126
83BG Non-acceptance of bushfire mitigation plan or revised bushfire mitigation plan 127
83BH Energy Safe Victoria may determine bushfire mitigation plan 128
83BJ Compliance audits for accepted bushfire mitigation plans—independent audits 129
83BK Compliance audits—Energy Safe Victoria 130
Division 2—Responsibility for maintenance of lines 130
Subdivision 1—Persons responsible for maintaining lines 130
84 Requirement to keep trees clear of electric lines—distribution companies 130
84A Requirement to maintain line—occupiers of land with private or low voltage electric lines 130
84B Requirement to keep trees clear of private electric lines—occupiers of contiguous land 131
84C Requirement to keep trees clear of electric lines—Councils 131
84D Requirement to keep trees clear of electric lines—other persons 131
Subdivision 2—Other matters 132
85 Exercise of powers with respect to lines 132
86 Failure to maintain lines 133
86A Energy Safe Victoria may give directions for restriction or prevention of tree growth 137
Division 2A—Electric lines and municipal emergency management plans 139
86B Municipal emergency management plans must specify procedures for the identification of trees that are hazardous to electric lines 139
Division 3—Publication of, and offences against, Code 140
89 Procedure for Code 141
90 Offences against Code 141
Division 4—Compliance audits in relation to compliance with the Code 142
90A Compliance audits in relation to compliance with Code—Energy Safe Victoria 142
90B Compliance audits in relation to compliance with Code—independent audits 142
Division 5—Compliance audits in relation to compliance with the management plan 143
90C Application 143
90D Compliance audits for management plans—Energy Safe Victoria 143
90E Compliance audits for management plans—independent audits 144
Part 9—Cathodic protection and mitigation of stray current corrosion 145
93 Operation of cathodic protection systems 145
93A Evidentiary provision—operation of cathodic protection systems 146
94 Railway operator—duty in relation to stray electrical current leakage 146
95 Mitigation systems 147
96 Directions of Energy Safe Victoria 147
97 Costs in relation to mitigation systems 148
Part 10—Electricity safety management 151
Division 1—General duty of major electricity companies 151
98 General duty of major electricity companies 151
Division 2—Mandatory electricity safety management schemes (major electricity companies) 152
99 Electricity safety management scheme 152
100 Validation of electricity safety management scheme for a supply network 154
101 Additional information 155
102 Acceptance of electricity safety management scheme 155
103 Provisional acceptance of electricity safety management scheme 156
104 Non-acceptance of electricity safety management scheme 157
105 Energy Safe Victoria may determine electricity safety management scheme 157
106 Compliance with electricity safety management scheme 159
107 Revision of electricity safety management scheme—change 160
108 Revision of electricity safety management scheme—every 5 years 161
109 Energy Safe Victoria may request submission of a revised electricity safety management scheme 162
110 Offence to fail to submit revised electricity safety management scheme on request 163
111 Application of provisions to revised electricity safety management scheme 164
112 Revisions that do not relate to bushfire mitigation 164
113 Compliance with electricity safety management scheme is a defence 164
Division 2A—Ongoing bushfire mitigation plan requirements for major electricity companies 165
113A Submission of bushfire mitigation plans for acceptance 165
113B Compliance with bushfire mitigation plan 167
113C Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans 169
113D Accepted bushfire mitigation plan forms part of accepted ESMS 169
113E Revisions that only relate to bushfire mitigation 170
113F Inspection of overhead private electric lines 170
Division 2B—Requirements for declared owners and operators 171
113G General duty of declared owners and operators 171
113H Mandatory electricity safety management schemes for declared owners and operators 172
113I Ongoing bushfire mitigation plan requirements for declared owners and operators 172
113J Energy Safe Victoria may exempt declared owners and operators from certain requirements 173
Division 3—Voluntary electricity safety management schemes 173
114 Electricity safety management scheme for employers of electrical workers 173
115 Electricity safety management scheme for specified premises 175
116 Electricity safety management scheme for owner or operator of complex electrical installation 176
117 Exemption from certain provisions of Act or regulations 177
118 Compliance with electricity safety management scheme 178
119 Revision of voluntary electricity safety management scheme—every 5 years 179
120 Revision of voluntary electricity safety management scheme—change 180
120A Energy Safe Victoria may request submission of revised electricity safety management scheme 181
120B Compliance with request 182
120C Lapsing of electricity safety management scheme 182
120D Duty of employer of electrical workers 183
120E Duty of occupier of specified premises 183
120G Compliance with electricity safety management scheme is a defence 184
Division 4—Other matters 184
120GA Accepted ESMS does not authorise certain electrical linework 184
120H Compliance audits—independent audits 185
120I Compliance audits—Energy Safe Victoria 186
Part 10A—Additional bushfire mitigation requirements for major electricity companies 187
Division 1—Preliminary 187
120L Meaning of complying substation 188
Division 2—Additional bushfire mitigation duties 189
120M Polyphase electric lines with required capacity 189
120N Covering or placing underground electric lines 191
120O Installation of Automatic Circuit Recloser for SWER lines 192
120P Annual compliance reports 192
120Q Independent audits 194
Division 3—Enforcement of additional bushfire mitigation duties 195
120S Criminal proceedings do not lie 196
120T Proceedings for contravention of civil penalty provisions 196
120U Pecuniary penalties to be paid into the Consolidated Fund 198
120V Declaratory relief 198
Division 4—Miscellaneous 199
120X Specification of later dates and periods for compliance with civil penalty provisions 199
120Y Information notices 200
120Z Audit by Energy Safe Victoria 201
Part 11—Authorised officers and powers 202
Division 1—Appointment of authorised officers 202
121 Authorised officers 202
Division 2—Powers of entry—general 204
122 Powers of entry—compliance 204
123 Occupier to be given copy of consent 206
126 Return of things seized 208
127 Magistrates' Court may extend period 209
128 Entry to be reported to Energy Safe Victoria 209
Division 3—Powers of entry—enforcement 210
129 Powers of entry—enforcement 210
130 Occupier to be given copy of acknowledgement 212
130A Warrant for entry of land or premises if risk to persons or property 212
132 Announcement before entry 215
133 Copy of warrant to be given to occupier 216
134 Power of authorised officer to require information or documents 216
135 Offence to give false information to authorised officer 217
136 Copying of documents 218
137 Protection against self-incrimination 218
138 Offence to obstruct authorised officer 218
138A Persons assisting authorised officer 218
139 Police to assist authorised officers 219
140 Impersonation of authorised officer 220
Part 11A—Infringement notices 221
140B Power to serve a notice 221
140D Infringement penalties 222
Division 1—Directions 223
141 Chairperson of Energy Safe Victoria may give directions 223
141A Additional powers in emergencies 225
141AB Information notices 226
141AC Chairperson of Energy Safe Victoria may give directions to preserve, retain or store 227
141B Delegation by Chairperson of Energy Safe Victoria 228
141C Notification to Minister 229
Division 1A—Enforceable undertakings 229
141D Energy Safe Victoria may accept written undertakings 229
141E Enforcement of written undertakings 230
Division 1B—Injunctions 231
141G Consent injunctions 234
141H Interim injunctions 234
141I Variation and discharge of injunctions 234
141J Injunction may be granted during offence proceedings 234
141K Undertakings as to damages and costs 234
Division 2—Reporting of serious electrical incidents 235
142 Notification of serious electrical incidents 235
142A Preservation of serious electrical incident sites 236
Division 3—Improvement and prohibition notices 237
143 Chairperson of Energy Safe Victoria or authorised officer may issue improvement notice 237
144 Offence not to comply with improvement notice 238
144A Issue of prohibition notice 238
144B Offence not to comply with prohibition notice 239
144C Proceedings for offences not affected by notices 240
145 Notices may include directions 240
Division 4—Other matters 240
145A Offences under Part 8 240
146 Offences by bodies corporate 240
147 Offences by partnerships or unincorporated associations 241
148 False or misleading information 242
148A When proceedings for offences may be commenced 242
148B Adverse publicity orders 243
149A Reliability and security of electricity supply 245
150 Safety management schemes 245
151 Electric line clearance 246
151A Bushfire mitigation 248
152 Installation safety 248
153 Electrical equipment 249
154 Equipment efficiency regulations 252
155 Cathodic protection and stray current corrosion regulations 253
156 Electrical contractors and electrical workers 255
157 General regulation making powers 256
158 Disallowance of regulations 258
Part 14—Transitional provisions and consequential amendments 259
160 Transitional provisions—electrical contractors and mechanics 259
161 Transitional provision—electrical equipment 259
162 Transitional provision—urban area 260
162A Making of certain statutory rules 260
163 Transitional provisions—abolition of the Electrical Appeals Board 261
164 Transitional provisions—Electricity Safety Amendment Act 2007 261
165 Savings provision—proclaimed electrical equipment 262
166 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 263
167 Transitional provision—Electricity Safety Amendment (Electrical Equipment Safety Scheme) Act 2018 263
168 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—appointments not affected 266
169 Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020—electrical lineworkers 267
170 Transitional provisions—Energy and Land Legislation Amendment (Energy Safety) Act 2025 268
171 Savings provision—Energy and Land Legislation Amendment (Energy Safety) Act 2025 269
Schedule 1—Transitional provisions 270
1 General information 274
2 Table of Amendments 276
3 Explanatory details 283
Electricity Safety Act 1998
Version incorporating amendments as at
The Parliament of Victoria enacts as follows: