212Delayed operation of sections 133 and 134 for certain existing pipelines

212 Delayed operation of sections 133 and 134 for certain existing pipelines (b) to which section 211 does not apply. (2) Despite anything to the contrary in this Act, sections 133 and 134 do not apply to a pipeline operation in respect of the pipeline until the day that is the first anniversary of the commencement day. Pt 15 (Heading and ss 213–223) repealed by No. 29/2011 s. 3(Sch. 1 item 69). Schedules Schedule 1—Pipelines excluded from Act 1 Definitions In this Schedule— ***agricultural purposes*** includes using any land for— (a) growing anything for consumable or decorative purposes; (b) dairy or poultry farming; (c) rearing any animal or bird; (d) rearing any fish within the meaning of the **Fisheries Act 1995**; (e) grazing land, pasture land or woodland; ***agricultural unit*** means land which is occupied as a unit for agricultural purposes; ***Specified Minimum Yield Stress*** means the minimum yield stress for a pipe material that is specified in the manufacturing standard with which the pipe complies. 2 Exclusions This Act does not apply to the following pipelines— (a) a pipeline conveying hydrocarbons or other substances in a gaseous state where the pressure of the gas being conveyed through a pipe is not more than 1050 kPa and the circumferential stress does not exceed 20% of the Specified Minimum Yield Stress (SMYS); Sch. 1 cl. 2(b) amended by No. 45/2010 s. 53. (b) a pipeline entirely within a petroleum processing plant, refinery, factory, railway yard, airport or port (including any port within the meaning of the **Port Management Act 1995**); (c) a pipeline entirely on land the freehold of which is owned or leased by a licensee and which is controlled by that licensee; (d) a pipeline conveying hydrocarbons or other substances in a liquid state where— (i) the length of any pipe situated outside the property to which the hydrocarbons are conveyed is not greater than 100 metres; or (ii) the nominal internal diameter of any pipe is not greater than 100 millimetres in any place; or (iii) the operating pressure, in respect of the pipe or system of pipes, is not greater than 345 kPa; (e) a pipeline situated wholly within— (i) a residential property or premises used for business and designed for use solely for the purposes of that property or premises; Sch. 1 cl. 2(e)(ii) amended by No. 62/2008 s. 9. (ii) a factory and designed for use solely for the purposes of the factory; (iii) any premises used solely for education or research; (iv) an agricultural unit and designed for use for agricultural purposes; (f) a pipeline for water supply, drainage or sewerage (not including a pipeline for the conveyance of geothermal water within the meaning of the **Geothermal Energy Resources Act 2005**); (g) a fixed hose. Schedule 2—Panel hearings 1 Directions about hearings (1) A panel may give directions about— (a) the times and places of hearings; and (b) matters preliminary to hearings; and (c) the conduct of hearings. (2) A panel may refuse to hear any person who fails to comply with a direction of the panel. 2 Hearings to be in public A panel must conduct its hearings in public unless any person making a submission objects to making the submission in public and the panel is satisfied that the submission is of a confidential nature. 3 General procedure for hearings (1) In hearing submissions, a panel— (a) must act according to equity and good conscience without regard to technicalities or legal forms; and (b) is bound by the rules of natural justice; and (c) is not required to conduct the hearing in a formal manner; and (d) is not bound by the rules or practice as to evidence but may inform itself on any matter— (i) in any way it thinks fit; and (ii) without notice to any person who has made a submission. Sch. 2 cl. 3(2) amended by No. 68/2014 s. 101. (2) A panel may require the applicant or any other person or body to produce any documents relating to any matter being considered by the panel under this Act that it reasonably requires. (3) A panel may prohibit or regulate cross-examination in any hearing. (4) A panel may hear evidence and submissions from any person whom this Act requires it to hear. (5) Submissions and evidence may be given to a panel orally or in writing or partly orally and partly in writing. 4 Who may appear before a panel? A person who has a right to be heard by a panel or who is called by a panel may— (a) appear and be heard in person; or (b) be represented by any other person. 5 Effect of failure to attend hearing A panel may report and make recommendations on a submission without hearing the person who made the submission if the person is not present or represented at the time and place appointed for the hearing of the submission. 6 Panel may hear 2 or more submissions together A panel may consider 2 or more submissions together if the submissions concern the same land or the same or a related matter. 7 Adjournment of hearings A panel may from time to time adjourn a hearing to any times and places and for any purposes it thinks necessary and on any terms as to costs or otherwise that it thinks just in the circumstances. 8 Panel may regulate its own proceedings A panel may regulate its own proceedings. 9 Panel may take into account any relevant matter A panel may take into account any matter it thinks relevant in making its report and recommendations. Endnotes 1 General information See [www.legislation.vic.gov.au](http://www.legislation.vic.gov.au) for Victorian Bills, Acts and current Versions of legislation and up-to-date legislative information. *Minister's second reading speech—* *Legislative Assembly: 11 August 2005* *Legislative Council: 8 September 2005* The long title for the Bill for this Act was "to re-enact with amendments the laws relating to the construction and operation of pipelines in Victoria, to repeal the **Pipelines Act 1967** and for other purposes." The **Pipelines Act 2005** was assented to on 20 September 2005 and came into operation on 1 April 2007: Government Gazette 29 March 2007 page 532. 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 section or clause of a Schedule is amended by the insertion of one or more subsections or subclauses, the original section or clause becomes subsection or subclause (1) and is amended by the insertion of the expression "(1)" at the beginning of the original section or clause. Interpretation As from 1 January 2001, amendments to section 36 of the ILA have the following effects: • Headings All headings included in an Act which is passed on or after 1 January 2001 form part of that Act. Any heading inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. This includes headings to Parts, Divisions or Subdivisions in a Schedule; sections; clauses; items; tables; columns; examples; diagrams; notes or forms. See section 36(1A)(2A). • Examples, diagrams or notes All examples, diagrams or notes included in an Act which is passed on or after 1 January 2001 form part of that Act. Any examples, diagrams or notes inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, form part of that Act. See section 36(3A). • Punctuation All punctuation included in an Act which is passed on or after 1 January 2001 forms part of that Act. Any punctuation inserted in an Act which was passed before 1 January 2001, by an Act passed on or after 1 January 2001, forms part of that Act. See section 36(3B). • Provision numbers All provision numbers included in an Act form part of that Act, whether inserted in the Act before, on or after 1 January 2001. Provision numbers include section numbers, subsection 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 an Act 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 an Act. See section 36(3)(3D)(3E). 2 Table of Amendments This publication incorporates amendments made to the **Pipelines Act 2005** by Acts and subordinate instruments. ––––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– **Statute Law (Further Revision) Act 2006, No. 29/2006** | Assent Date: | 6.6.06 | | Commencement Date: | S. 3(Sch. 1 item 27) on 20.9.05: s. 2(2)(i) | **Energy Legislation (Hardship, Metering and Other Matters) Act 2006, No. 60/2006** | Assent Date: | 29.8.06 | | Commencement Date: | S. 6 on 1.4.07: Government Gazette 29.3.07 p. 532 | **Energy and Resources Legislation Amendment Act 2008, No. 25/2008** | Assent Date: | 3.6.08 | | Commencement Date: | Ss 17, 18 on 4.6.08: s. 2(1) | **National Gas (Victoria) Act 2008, No. 30/2008** | Assent Date: | 17.6.08 | | Commencement Date: | S. 43 on 1.7.08: Special Gazette (No. 184) 1.7.08 p. 1 | **Labour and Industry (Repeal) Act 2008, No. 62/2008** | Assent Date: | 5.11.08 | | Commencement Date: | S. 9 on 6.11.08: s. 2 | **Transport Integration Act 2010, No. 6/2010** (as amended by No. 45/2010) | Assent Date: | 2.3.10 | | Commencement Date: | S. 203(1)(Sch. 6 item 34) on 1.7.10: Special Gazette (No. 256) 30.6.10 p. 1 | **Offshore Petroleum and Greenhouse Gas Storage Act 2010, No. 10/2010** | Assent Date: | 23.3.10 | | Commencement Date: | S. 800(Sch. 6 item 12) on 1.1.12: s. 2(2) | **Transport Legislation Amendment (Ports Integration) Act 2010, No. 45/2010** | Assent Date: | 17.8.10 | | Commencement Date: | S. 53 on 1.9.10: Special Gazette (No. 337) 24.8.10 p. 1 | **Energy and Resources Legislation Amendment Act 2010, No. 55/2010** | Assent Date: | 14.9.10 | | Commencement Date: | Ss 81–83 on 14.10.10: Government Gazette 14.10.10 p. 2404 | **Traditional Owner Settlement Act 2010, No. 62/2010** | Assent Date: | 21.9.10 | | Commencement Date: | S. 145 on 23.9.10: Special Gazette (No. 382) 22.9.10 p. 1 | **Statute Law Revision Act 2011, No. 29/2011** | Assent Date: | 21.6.11 | | Commencement Date: | S. 3(Sch. 1 item 69) on 22.6.11: s. 2(1) | **Resources Legislation Amendment Act 2011, No. 53/2011** | Assent Date: | 18.10.11 | | Commencement Date: | Ss 15–19 on 1.7.12: Special Gazette (No. 194) 13.6.12 p. 1 | **Statute Law Revision Act 2012, No. 43/2012** | Assent Date: | 27.6.12 | | Commencement Date: | S. 3(Sch. 1 item 38) on 28.6.12: s. 2(1) | **Resources Legislation Amendment (General) Act 2012, No. 64/2012** | Assent Date: | 30.10.12 | | Commencement Date: | Ss 69–72 on 1.12.12: Special Gazette (No. 399) 27.11.12 p. 1 | **Statute Law Revision Act 2013, No. 70/2013** | Assent Date: | 19.11.13 | | Commencement Date: | S. 4(Sch. 2 item 35) on 1.12.13: s. 2(1) | **Resources Legislation Amendment (BTEX Prohibition and Other Matters) Act 2014, No. 68/2014** | Assent Date: | 23.9.14 | | Commencement Date: | Ss 72–101 on 1.9.15: s. 2(3) | **Energy Safety Legislation Amendment (Victorian Energy Safety Commission and Other Matters) Act 2020, No. 4/2020** | Assent Date: | 25.2.20 | | Commencement Date: | Ss 51–53 on 1.1.21: s. 2(2) | **Offshore Petroleum and Greenhouse Gas Storage (Cross-boundary Greenhouse Gas Titles and Other Matters) Amendment Act 2021, No. 26/2021** | Assent Date: | 28.6.21 | | Commencement Date: | S. 44 on 29.6.21: s. 2 | **Energy Legislation Amendment (Energy Safety) Act 2023, No. 22/2023** | Assent Date: | 22.8.23 | | Commencement Date: | Ss 59–74 on 16.5.24: s. 2(2) | **Energy and Land Legislation Amendment (Energy Safety) Act 2025, No. 13/2025** | Assent Date: | 20.5.25 | | Commencement Date: | S. 91 on 21.5.25: s. 2(1); ss 83–90, 96(Sch. 3 item 5) on 1.4.26: s. 2(4) | **Statute Law Revision Act 2025, No. 41/2025** | Assent Date: | 21.10.25 | | Commencement Date: | S. 4(Sch. 2 item 22) on 22.10.25: s. 2 | –––––––––––––––––––––––––––––––––––––––––––––––––––––––––––– 3 Explanatory details No entries at date of publication.