(d) to prevent damage caused by cathodic protection systems to other metallic structures in the vicinity due to stray electrical currents; and
(e) to prescribe certain provisions of these Regulations that create offences as provisions in respect of which infringement notices may be served.
2 Authorising provisions
These Regulations are made under sections 155 and 157 of the Electricity Safety Act 1998.
3 Commencement
These Regulations come into operation on 29 November 2019.
4 Revocation
The Electricity Safety (Cathodic Protection) Regulations 2009[1] are revoked.
5 Definitions
In these Regulations—
Cathodic Protection Standard 1 means AS 2832.1 Australian Standard Cathodic protection of metals—Part 1: Pipes and cables, as published or amended from time to time;
Cathodic Protection Standard 2 means AS 2832.2 Australian Standard Cathodic protection of metals—Part 2: Compact buried structures, as published or amended from time to time;
Cathodic Protection Standard 3 means AS 2832.3 Australian Standard Cathodic protection of metals—Part 3: Fixed immersed structures, as published or amended from time to time;
Cathodic Protection Standard 5 means AS 2832.5 Australian Standard Cathodic protection of metals—Part 5: Steel in concrete structures, as published or amended from time to time;
electrolysis drainage bond means the path by which stray current resulting from the operation of a railway returns from an underground or underwater metallic structure to its originating source;
galvanic anode means an electrode used to protect a structure by galvanic action;
impressed current means direct current supplied by an external power source;
registered cathodic protection system means a cathodic protection system registered under Part 2;
stray current means current flowing through paths other than an intended circuit;
the Act means the Electricity Safety Act 1998.
6 Prescribed systems
(1) For the purposes of the definition of cathodic protection system in section 3 of the Act, a prescribed system is a system that—
(a) uses one or more galvanic anodes with a total output of more than 250 milliamperes connected at a single point to a structure to provide intentional cathodic protection; or
(b) uses impressed current connected at a single point to a structure to provide intentional cathodic protection.
(2) For the purposes of the definition of cathodic protection system in section 3 of the Act, a prescribed system does not include a system that—
(a) is designed to protect the internal surfaces of a structure if the current produced by the system is isolated from the external environment; or
(b) protects a marine vessel that is not permanently moored; or
(c) protects a fixed offshore structure not electrically connected with land above sea level.
(3) For the purposes of the definition of mitigation system in section 3 of the Act, a system that uses electrolysis drainage bonds and associated apparatus, cable and drainage equipment is a prescribed system.
7 Existing cathodic protection systems
(1) If a cathodic protection system was registered under the old regulations before 29 November 2019, the cathodic protection system is taken to be registered under these Regulations—
(a) in the case of a cathodic protection system with a total output greater than 2 amperes, until whichever of the following occurs first—
(i) the date that is 10 years after the date the cathodic protection system was registered;
(ii) the registration is withdrawn under these Regulations; or
(b) in the case of any other cathodic protection system, until registration is withdrawn under these Regulations.
(2) In this regulation, old regulations means—
(a) the Electricity Safety (Cathodic Protection) Regulations 2009 as in force immediately before their revocation; and
(b) the Electricity Safety (Stray Current Corrosion) Regulations 2009[2] as in force immediately before their revocation.
Part 2—Registration of cathodic protection systems
8 Application for registration of cathodic protection systems
(1) The owner of a cathodic protection system who intends to operate that system, or intends to allow that system to be operated, must apply to Energy Safe Victoria to have the system registered.
(2) An application for registration of a cathodic protection system must—
(a) be in writing and in the form approved by Energy Safe Victoria; and
(b) include the name, address and ABN (and, if applicable, the ACN) of the owner of the cathodic protection system; and
(c) include the name, address and ABN (and, if applicable, the ACN) of the operator or proposed operator of the cathodic protection system (if the owner is not or will not be the operator); and
(d) indicate the proposed maximum operating current of the cathodic protection system; and
(e) be accompanied by—
(i) a map showing the proposed location of the cathodic protection system, the metallic structure it is intended to protect and all metallic structures likely to be affected by the proposed system; and
(ii) drawings detailing the proposed system; and
(iii) a report on all consultations carried out between the applicant and the owners of metallic structures likely to be affected by the cathodic protection system including—
(A) the names, addresses and telephone numbers of the owners of metallic structures consulted; and
(B) the dates each of the owners of metallic structures were consulted; and
(C) any known objections to the registration of the system; and
(iv) the relevant registration fee set out in Schedule 1.
9 Further information for purposes of consideration of application
Energy Safe Victoria may require the applicant for registration under regulation 8 to provide any other information relating to the application that it considers necessary to determine whether to register the cathodic protection system.
10 Registration
(1) If Energy Safe Victoria is satisfied with a cathodic protection system, Energy Safe Victoria may register the system and grant a certificate of registration for the system to the owner of the system.
(2) Registration of a cathodic protection system ceases—
(a) in the case of a cathodic protection system with a total output greater than 2 amperes, when whichever of the following occurs first—
(i) 10 years after the date on which registration is granted;
(ii) when the registration is withdrawn under these Regulations; and
(b) in the case of any other cathodic protection system, if withdrawn under these Regulations.
11 Refusal of registration
(1) Energy Safe Victoria may refuse to register a cathodic protection system—
(a) until any testing required by Energy Safe Victoria has been completed to the satisfaction of Energy Safe Victoria; or
(b) if it reasonably believes that any metallic structure, other than the one to which the system is or will be connected, may have its electrical potential with respect to earth changed due to the operation of the system.
(2) If subregulation (1)(b) applies, Energy Safe Victoria may require the cathodic protection system to be modified, to its satisfaction, before it registers the system.
12 Register of certificates
(1) Energy Safe Victoria must keep a register of cathodic protection systems registered under these Regulations.
(2) A register kept under subregulation (1) must contain—
(a) the names and addresses of the owners of registered cathodic protection systems; and
(b) particulars of each cathodic protection system, including—
(i) the location of the system; and
(ii) the type of system (being either a system that uses galvanic anodes or impressed current); and
(iii) the approved maximum operating current of the system; and
(iv) the terms of every modification contained in a determination made under regulation 16(4).
13 Details of change
(1) The owner of a registered cathodic protection system must give Energy Safe Victoria details of a change of name or address or of ownership within 20 business days after the change occurs.
10 penalty units.
(2) If Energy Safe Victoria is notified under subregulation (1) of a change in ownership of the cathodic protection system, Energy Safe Victoria may grant a new certificate of registration to the new owner of that system.
14 Withdrawal of registration
(1) Energy Safe Victoria may withdraw the registration of a cathodic protection system if the owner of the system requests Energy Safe Victoria, in writing, to do so.
(2) Energy Safe Victoria may withdraw the registration of a cathodic protection system if a person to whom a notice is given under section 96 of the Act fails to comply with the directions in that notice.
(3) Energy Safe Victoria must give written notice of its intention to withdraw registration under subregulation (2) to the owner of the cathodic protection system 10 business days before it withdraws the registration.
15 Application for further registration
(1) This regulation applies to a registered cathodic protection system with a total output over 2 amperes, registration of which is due to cease under regulation 10(2)(a).
(2) The owner of a cathodic protection system to which this regulation applies may apply to Energy Safe Victoria to register the system, for a further period of registration, at any time before the registration of that system ceases under these Regulations.
(3) The application must—
(a) be in writing and in the form approved by Energy Safe Victoria; and
(b) include the name, address and ABN (and, if applicable, the ACN) of the owner of the cathodic protection system; and
(c) include the name and ABN (and, if applicable, the ACN) of the operator or proposed operator of the cathodic protection system (if the owner is not or will not be the operator); and
(d) indicate the proposed maximum operating current of the cathodic protection system; and
(e) be accompanied by—
(i) a map showing the location of the system, the metallic structure it is intended to protect and all metallic structures likely to be affected by the proposed system; and
(ii) drawings detailing the proposed system; and
(iii) a report on all consultations carried out between the applicant and the owners of metallic structures likely to be affected by the cathodic protection system including—
(A) the names, addresses and telephone numbers of the owners of metallic structures consulted; and
(B) the dates each of the owners of metallic structures were consulted; and
(C) any known objections to the registration of the system; and
(iv) the relevant registration fee set out in the Schedule 1.
Part 3—Operation of cathodic protection systems
16 Operation of cathodic protection systems
(1) For the purposes of section 93(2) of the Act—
(a) a cathodic protection system for the protection of a buried or submerged metallic pipe or cable must be operated in accordance with—
(i) Cathodic Protection Standard 1; or
(ii) if Energy Safe Victoria determines, under this regulation, that Cathodic Protection Standard 1 should apply as modified by Energy Safe Victoria, that Standard as modified; and
(b) a cathodic protection system for the protection of the external surfaces of a compact buried structure must be operated in accordance with—
(i) Cathodic Protection Standard 2; or
(ii) if Energy Safe Victoria determines, under this regulation, that Cathodic Protection Standard 2 should apply as modified by Energy Safe Victoria, that Standard as modified; and
(c) a cathodic protection system for the protection of the external surfaces of a fixed immersed structure must be operated in accordance with—
(i) Cathodic Protection Standard 3; or
(ii) if Energy Safe Victoria determines, under this regulation, that Cathodic Protection Standard 3 should apply as modified by Energy Safe Victoria, that Standard as modified; and
(d) a cathodic protection system for the protection of steel in concrete that is exposed to air or buried or submerged must be operated in accordance with—
(i) Cathodic Protection Standard 5; or
(ii) if Energy Safe Victoria determines, under this regulation, that Cathodic Protection Standard 5 should apply as modified by Energy Safe Victoria, that Standard as modified.
(2) A person who owns a cathodic protection system to which a standard specified in subregulation (1) applies may apply, in writing, to Energy Safe Victoria for the relevant standard to apply to that system in a modified way.
(3) An application under subregulation (2) must set out the terms of the modification sought.
(4) On receiving an application under subregulation (2), Energy Safe Victoria may determine that a relevant standard specified in subregulation (1) applies to the system as modified by the determination.
(5) A determination under this regulation must—
(a) set out the terms of the modification; and
(b) be given to the applicant.
(6) The terms of a modification must be entered into the register kept under regulation 12.
17 Notice of operation
The owner of a registered cathodic protection system that uses impressed current must give Energy Safe Victoria at least 5 business days notice of intention to commence operation of the system.
Penalty: 20 penalty units.
18 Provision for testing
(1) The owner of a registered cathodic protection system that uses impressed current must ensure that a time switch is able to be inserted in the system, or that the system has another suitable means of interrupting the power supply, for test purposes.
20 penalty units.
(2) The owner of a registered cathodic protection system that uses galvanic anodes must ensure that the circuit between any anode of the system and the metallic structures to be protected is able to be readily disconnected for test purposes, unless exempted under subregulation (5).
20 penalty units.
(3) The owner of a registered cathodic protection system (the applicant) may apply to Energy Safe Victoria to be exempted from the requirement in subregulation (2).
(4) An application for exemption must—
(a) be in writing; and
(b) state the reasons for the exemption.
(5) Energy Safe Victoria may grant an exemption if satisfied that the applicant demonstrates that the cathodic protection system is not likely to interfere with other metallic structures.
(6) An exemption granted under subregulation (5) may specify conditions to which the exemption is subject.
(7) A person who is granted an exemption under this regulation must comply with the conditions (if any) of the exemption.
Penalty: 20 penalty units.
19 Audit by the owner
(1) The owner of a registered cathodic protection system must annually inspect and record the operating current of the system.
Penalty: 20 penalty units.
(2) The owner of a registered cathodic protection system must ensure that a record prepared under subregulation (1) is available for inspection at all reasonable times by—
(a) Energy Safe Victoria; and
(b) persons whose metallic structures are affected or likely to be affected by that cathodic protection system.
Penalty: 20 penalty units.
20 Notification of modification or removal of cathodic protection system
(1) The owner of a registered cathodic protection system who—
(a) changes the operation of that system; or
(b) becomes aware of a change in the operation of that system—
must notify Energy Safe Victoria within 4 business days and give written notice within 10 business days, after that change or becoming aware of that change.
20 penalty units.
(2) The owner of a registered cathodic protection system who—
(a) removes that system; or
(b) becomes aware of the removal of that system—
must notify Energy Safe Victoria within 4 business days and give written notice within 10 business days, after that change or becoming aware of that change.
20 penalty units.
Part 4—Infringement offences
21 Provisions for which infringement notices may be served
For the purposes of paragraph (b) of the definition of prescribed offence in section 140A of the Act, regulations 13(1), 17, 18(1), 18(2), 18(7), 19(1), 19(2), 20(1) and 20(2) are prescribed provisions.
Schedule 1—Fees for cathodic protection systems
Regulations 8(2) and 15(3)
Item
Description
Registration fee
1
Registration fee for an impressed current cathodic protection system with a total output up to and including 250 milliamperes
8∙77 fee units
2
Registration fee for an impressed current or galvanic anode cathodic protection system with a total output over 250 milliamperes and up to and including 2 amperes
21∙95 fee units
3
Registration fee for an impressed current or galvanic anode cathodic protection system with a total output over 2 amperes
49∙57 fee units
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Endnotes
1 General information
See www.legislation.vic.gov.au for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information.
The Electricity Safety (Cathodic Protection) Regulations 2019, S.R. No. 112/2019 were made on 26 November 2019 by the Governor in Council under sections 155 and 157 of the Electricity Safety Act 1998, No. 25/1998 and came into operation on 29 November 2019: regulation 3.
The Electricity Safety (Cathodic Protection) Regulations 2019 will sunset 10 years after the day of making on 26 November 2029 (see section 5 of the Subordinate Legislation Act 1994).
INTERPRETATION OF LEGISLATION ACT 1984 (ILA)
Style changes
Section 54A of the ILA authorises the making of the style changes set out in Schedule 1 to that Act.
References to ILA s. 39B
Sidenotes which cite ILA s. 39B refer to section 39B of the ILA which provides that where an undivided regulation, rule or clause of a Schedule is amended by the insertion of one or more subregulations, subrules or subclauses the original regulation, rule or clause becomes subregulation, subrule or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original regulation, rule or clause.
Interpretation
As from 1 January 2001, amendments to section 36 of the ILA have the following effects:
• Headings
All headings included in a Statutory Rule which is made on or after
1 January 2001 form part of that Statutory Rule. Any heading inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
This includes headings to Parts, Divisions or Subdivisions in a Schedule; Orders; Parts into which an Order is divided; clauses; regulations; rules; items; tables; columns; examples; diagrams; notes or forms.
See section 36(1A)(2A)(2B).
• Examples, diagrams or notes
All examples, diagrams or notes included in a Statutory Rule which is made on or after 1 January 2001 form part of that Statutory Rule. Any examples, diagrams or notes inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, form part of that Statutory Rule. See section 36(3A).
• Punctuation
All punctuation included in a Statutory Rule which is made on or after
1 January 2001 forms part of that Statutory Rule. Any punctuation inserted in a Statutory Rule which was made before 1 January 2001, by a Statutory Rule made on or after 1 January 2001, forms part of that Statutory Rule.
See section 36(3B).
• Provision numbers
All provision numbers included in a Statutory Rule form part of that Statutory Rule, whether inserted in the Statutory Rule before, on or after
1 January 2001. Provision numbers include regulation numbers, rule numbers, subregulation numbers, subrule numbers, paragraphs and subparagraphs. See section 36(3C).
• Location of "legislative items"
A "legislative item" is a penalty, an example or a note. As from 13 October 2004, a legislative item relating to a provision of a Statutory Rule is taken to be at the foot of that provision even if it is preceded or followed by another legislative item that relates to that provision. For example, if a penalty at the foot of a provision is followed by a note, both of these legislative items will be regarded as being at the foot of that provision. See section 36B.
• Other material
Any explanatory memorandum, table of provisions, endnotes, index and other material printed after the Endnotes does not form part of a Statutory Rule. See section 36(3)(3D)(3E).
2 Table of Amendments
There are no amendments made to the Electricity Safety (Cathodic Protection) Regulations 2019 by statutory rules, subordinate instruments and Acts.
3 Amendments Not in Operation
There are no amendments which were Not in Operation at the date of this publication.
Reg. 7: S.R. No. 32/2009 as revoked by S.R. No. 151/2009.
——
Fee Units
These Regulations provide for fees by reference to fee units within the meaning of the Monetary Units Act 2004.
The amount of the fee is to be calculated, in accordance with section 7 of that Act, by multiplying the number of fee units applicable by the value of a fee unit.
The value of a fee unit for the financial year commencing 1 July 2019 is $14.81. The amount of the calculated fee may be rounded to the nearest 10 cents.
The value of a fee unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a fee unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
Penalty Units
These Regulations provide for penalties by reference to penalty units within the meaning of section 110 of the Sentencing Act 1991. The amount of the penalty is to be calculated, in accordance with section 7 of the Monetary Units Act 2004, by multiplying the number of penalty units applicable by the value of a penalty unit.
The value of a penalty unit for the financial year commencing 1 July 2019 is $165.22.
The amount of the calculated penalty may be rounded to the nearest dollar.
The value of a penalty unit for future financial years is to be fixed by the Treasurer under section 5 of the Monetary Units Act 2004. The value of a penalty unit for a financial year must be published in the Government Gazette and a Victorian newspaper before 1 June in the preceding financial year.
——
Table of Applied, Adopted or Incorporated Matter
The following table of applied, adopted or incorporated matter was included in S.R. No. 112/2019 in accordance with the requirements of regulation 5 of the Subordinate Legislation Regulations 2014.
| **Statutory Rule Provision** | **Title of applied, adopted or incorporated document** | **Matter in applied, adopted or incorporated document** |
| --- | --- | --- |
| Regulation 5 (definition of ***Cathodic Protection Standard 1***) | Australian Standard 2832.1 Cathodic protection of metals—Part 1: Pipes and cables, published on 27 January 2015 by Standards Australia | The whole |
| Regulation 5 (definition of ***Cathodic Protection Standard 2***) | Australian Standard 2832.2 Cathodic protection of metals—Part 2: Compact buried structures, published on 27 June 2003 by Standards Australia | The whole |
| Regulation 5 (definition of ***Cathodic Protection Standard 3***) | Australian Standard 2832.3 Cathodic protection of metals—Part 3: Fixed immersed structures, published on 22 November 2005 by Standards Australia | The whole |
| Regulation 5 (definition of ***Cathodic Protection Standard 5***) | Australian Standard 2832.5 Cathodic protection of metals—Part 5: Steel in concrete structures, published on 17 September 2008 by Standards Australia | The whole |