Pipelines Regulations 2017 (Victoria)

These Regulations prescribe the procedural, technical and administrative detail that implements and operationalises the licensing, construction, operation, safety and environmental obligations in the Pipelines Act 2005. They do that by setting out required forms and the minimum content of notices, licence applications, Safety Management Plans and Environment Management Plans; by importing pipeline design and operating standards; by prescribing fees for many of the Act’s processes; and by creating a schedule of infringement offences and penalties under the Act.

Mechanically the Regulations:

Are made under s 190 of the Pipelines Act 2005 (reg 2) and commenced on 26 March 2017 (reg 3). They expressly revoke the earlier Pipelines Regulations 2007 (reg 4).
Prescribe the information and forms that must be provided at the pre‑licence stage: a notice of intention to enter land for survey (reg 6) and a notice of pipeline corridor to owners/occupiers (reg 7 and Schedule 1).
Set detailed content requirements for licence applications (reg 8) including mandatory technical, route and impact comparisons, and require maps at a scale of not less than 1:250 000 (reg 8(2)).
Prescribe fees by reference to fee units and specific fee unit amounts in Schedule 2 for many application types (regs 9, 13, 14, 16, 17, 19, 26-28 and 43; Schedule 2). The endnotes explain how to convert fee units to dollars (Endnotes; “Fee Units”).
Require licensees to lodge post‑construction maps and alignment drawings and to report annually on environmental performance and safety/integrity (reg 11).
Require notification and written reporting to the Minister and Energy Safe Victoria of reportable environmental and reportable safety incidents within tight timeframes (reg 20), and forbid interference with incident sites during investigations except for specified emergencies (reg 21).

Version No. 001

Pipelines Regulations 2017

S.R. No. 9/2017

Version as at
26 March 2017

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 2

3 Commencement 2

4 Revocation 2

5 Definitions 2

Part 2—Pre-licence process 4

6 Notice of intention to enter land for survey 4

7 Notice of pipeline corridor 5

Part 3—Pipeline licence process 6

8 Application to contain certain information 6

9 Application fee 7

10 Notice of application for a licence 7

11 Conditions of a licence 8

12 Licence fee 10

13 Application to amend a licence condition 10

14 Alteration of pipeline route—minor or significant 11

15 Form of application for consolidation of licences 11

16 Fee for application for consolidation of licences 11

17 Decommissioning plans 11

Part 4—Access to land for pipeline 14

18 Form of notice for Registrar of Titles 14

19 Fee for lodging notice with Registrar of Titles 14

Part 5—Construction and operation of pipelines 15

20 Incident reporting 15

21 Interference with incident site 17

22 Construction and operation standards 17

23 Surveillance reporting 18

24 Annual pipeline operation fee 18

25 Safety and environmental risk assessment for application to use pipeline for conveyance of other thing 18

26 Fee for application to use pipeline to convey other thing 19

27 Fee for application for Ministerial direction under section 122 19

28 Fee for application for approval of access to a pipeline easement 19

Part 6—Safety Management Plans 20

Division 1—Content of Safety Management Plan 20

29 Performance standards 20

30 Matters to be included in Safety Management Plans 20

31 Contact details 20

32 Description of pipeline 20

33 Safety assessment 21

34 Emergency response plan 22

35 Safety management system 22

Division 2—Content of safety management system 23

36 Safety policy, systems and procedures 23

37 Organisational structure and responsibilities 23

38 Incident recording, investigation and reviewing 23

39 Work and staffing systems 23

40 Compliance management 24

Division 3—Records and reporting 25

41 Records 25

42 Reporting 26

Part 7—Environment Management Plans 27

43 General 27

44 Description of pipeline operation and environment 27

45 Description of environmental risks 27

46 Environmental performance objectives and standards 28

47 Consultation 28

48 Implementation strategy 28

49 Records 30

50 Reporting 31

Part 8—Infringements 32

51 Prescribed infringement offences and infringement penalties 32

Part 9—Administrative 33

52 Fee for access to registered information 33

Schedules 34

Schedule 1—Notice under section 27 of the Pipelines Act 2005 to owners and occupiers of land in a pipeline corridor 34

Schedule 2—Fees 36

Schedule 3—Notice under section 68(3)(b) of the Pipelines Act 2005 to owners and occupiers of land affected by proposed alteration of pipeline route 38

Schedule 4—Application under section 73 of the Pipelines Act 2005 to consolidate licences 39

Schedule 5—Notice to Registrar of Titles of notice of application to the Minister for consent to compulsorily acquire an easement over private land 40

Schedule 6—Infringement offences and infringement penalties 41

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Endnotes 43

1 General information 43

2 Table of Amendments 45

3 Amendments Not in Operation 46

4 Explanatory details 47

Version No. 001

Pipelines Regulations 2017

S.R. No. 9/2017

Version as at
26 March 2017

Part 1—Preliminary

1 Objectives

The objectives of these Regulations are—

(a) to prescribe information required in the pre‑licence and licence application processes; and

(b) to prescribe conditions that apply to licences; and

(d) to provide for the reporting of safety and environmental incidents in relation to pipeline operations; and

(e) to prescribe standards for the construction and operation of pipelines; and

(f) to prescribe matters to be contained in Safety Management Plans; and

(g) to prescribe matters to be contained in Environment Management Plans; and

(h) to prescribe infringement offences and penalties; and

(i) to prescribe various forms, fees and procedures authorised by the Pipelines Act 2005.

2 Authorising provision

These Regulations are made under section 190 of the Pipelines Act 2005.

3 Commencement

These Regulations come into operation on 26 March 2017.

4 Revocation

The Pipelines Regulations 2007[1] are revoked.

5 Definitions

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—

(a) an authority of the Commonwealth that has responsibilities for protecting the environment; or

(b) an authority of the State that has responsibilities for protecting the environment; or

(d) any other body or person affected by the pipeline operation;

reportable environmental incident means an incident arising out of a pipeline operation—

(a) that causes substantial damage to the environment; or

(b) 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––

(a) any person to suffer a serious injury or to die; or

(b) substantial damage to, or destruction of, property or the pipeline; or

safety incident means an incident involving a risk to the safety of the public;

the Act means the Pipelines Act 2005.

Part 2—Pre-licence process

6 Notice of intention to enter land for survey

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—

(a) the name and address of the proponent of the proposed pipeline;

(b) if the notice relates to private land, the name and address of the owner or occupier of the land (as the case requires);

(i) the name of the Crown Land Minister; or

(ii) the name and address of any occupier;

(d) details of the proposed survey;

(e) the intended use of the proposed pipeline;

(f) the name and address of the person or body engaged to carry out the survey of the proposed pipeline;

(g) a map of the pipeline corridor or proposed route of the pipeline over the land that shows the following—

(i) the relevant part of the land over which the survey is proposed to be made;

(ii) 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;

(iii) in the case of Crown land, sufficient particulars to identify the land.

7 Notice of pipeline corridor

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.

Part 3—Pipeline licence process

8 Application to contain certain information

(1) For the purposes of section 30(c) of the Act, an application for a licence to construct and operate a pipeline—

(a) must contain the following prescribed matters—

(i) the Australian Business Number of the applicant;

(ii) the telephone number, fax number and email address of the applicant;

(iii) the commencement and termination points of the pipeline corridor and the proposed route of the pipeline;

(iv) the length of the pipeline;

(v) the proposed maximum allowable operating pressure of the pipeline;

(vi) the proposed dates for commencement and completion of construction of the pipeline;

(vii) 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;

(viii) outline of the measures to be undertaken to control, mitigate and manage identified impacts arising from the proposed pipeline and pipeline operation;

(ix) details of alternative pipeline routes considered by the applicant and reasons for selecting the proposed pipeline route in accordance with AS 2885.1—2012;

(x) 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;

(xi) details of land ownership and title details (if applicable) for the land through which the proposed pipeline route or corridor is to be constructed;

(xii) plans and design specifications of the proposed pipeline including metering stations, aboveground and underground facilities; and

(b) must be signed by the applicant.

(2) 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.

9 Application fee

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.

10 Notice of application for a licence

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—

(a) the business name, Australian Business Number, business address and postal address of the applicant;

(b) 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;

(d) the particulars of the proposed pipeline including—

(i) the use to which the proposed pipeline will be put; and

(ii) the anticipated dates of commencement and completion of construction of the pipeline;

(e) a written description and a map of the pipeline corridor and the proposed route of the pipeline.

11 Conditions of a licence

(1) 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—

(a) the licensee must, as soon as practicable after the construction of the pipeline, lodge with the Minister and Energy Safe Victoria—

(i) 2 hard copies and an electronic copy of a map that—

(A) shows the route of the pipeline as constructed; and

(B) identifies the commencement and termination points of the pipeline; and

(ii) 2 hard copies and an electronic copy of alignment drawings of the constructed pipeline;

(b) 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;

(c) 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;

(d) 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.

(2) A notice under subregulation (1)(d) must—

(a) state the intention to cease to convey substances through the pipeline; and

(b) state the period of the proposed cessation; and

(c) 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.

12 Licence fee

For the purposes of section 57(b) of the Act, the prescribed fee is nil.

13 Application to amend a licence condition

(1) For the purposes of section 63(2)(b) of the Act, an application to amend the conditions of a licence must be made in the following prescribed manner—

(a) the application must contain the following information—

(i) the licence number;

(ii) the name of the licensee;

(iii) the Australian Business Number of the licensee;

(iv) the registered business address and postal address of the licensee;

(v) the telephone number, fax number and email address of the licensee;

(b) the application must—

(i) be accompanied by information to demonstrate that the pipeline will be fit for operation under the licence as proposed to be amended; and

(ii) be signed by the licensee.

(2) For the purposes of section 63(2)(e) of the Act, the prescribed fee for an application to amend the conditions of a licence is the relevant fee specified in Table 2 of Schedule 2.

14 Alteration of pipeline route—minor or significant

(1) An application under section 66 of the Act must be accompanied by the relevant fee specified in Table 3 of Schedule 2.

(2) An application under section 68(1) of the Act must be accompanied by the relevant fee specified in Table 3 of Schedule 2.

(3) For the purposes of section 68(3A)(a) of the Act, the prescribed form of notice of a proposed alteration to the authorised route of a pipeline is set out in Schedule 3.

15 Form of application for consolidation of licences

For the purposes of section 74 of the Act, the prescribed form for an application under section 73 of the Act is set out in Schedule 4.

16 Fee for application for consolidation of licences

For the purposes of section 74(d) of the Act, the prescribed fee for an application under section 73 of the Act is the relevant fee specified in Table 2 of Schedule 2.

17 Decommissioning plans

(1) For the purposes of sections 80(4), 82(2) and 82A(3)(a)(ii) of the Act, a decommissioning plan must set out and include the following prescribed information—

(a) the performance objectives and standards for the decommissioning works;

(b) a description of the decommissioning works, and in the case of part decommissioning, a map showing the part of the pipeline that is proposed for decommissioning;

(d) an assessment of technical feasibility of the decommissioning works;

(e) an assessment of the safety of the decommissioning works;

(f) an assessment of any detrimental impacts from the decommissioning works on land (including on current land uses and reasonably foreseeable future land uses) and the environment, and identification of measures to control, mitigate and manage these impacts;

(g) the impacts from the decommissioning works on affected landholders;

(h) details of any proposed consultation about the decommissioning works with affected landholders and other interested parties;

(i) the methods to be used to ensure that the pipeline or part of the pipeline to be decommissioned will be decommissioned in accordance with AS 2885.3—2012;

(j) details of the rehabilitation and monitoring of the land through which the pipeline is laid proposed to be carried out before the decommissioning of the pipeline;

(k) if the whole or part of the pipeline is not to be removed, details about the location of the pipeline or the part of the pipeline that is not to be removed.

(2) A decommissioning plan lodged under section 80(3) of the Act must be accompanied by the relevant fee specified in Table 4 of Schedule 2.

(3) A decommissioning plan submitted under section 82(2) of the Act must be accompanied by the relevant fee specified in Table 4 of Schedule 2.

(4) A decommissioning plan prepared under section 82A(3)(a)(ii) of the Act must be accompanied by the relevant fee specified in Table 4 of Schedule 2.

Part 4—Access to land for pipeline

18 Form of notice for Registrar of Titles

For the purposes of section 92(1)(a) of the Act, the prescribed form of the notice to be given to the Registrar of Titles is set out in Schedule 5.

19 Fee for lodging notice with Registrar of Titles

For the purposes of section 92(1)(b) of the Act, the prescribed fee to be paid to the Registrar of Titles is the relevant fee specified in Table 2 of Schedule 2.

Part 5—Construction and operation of pipelines

20 Incident reporting

(1) A licensee must notify the Minister and Energy Safe Victoria of a reportable environmental incident or a reportable safety incident in accordance with subregulation (2).

Penalty: 20 penalty units.

(2) A notification under subregulation (1) must—

(a) be in writing and given as soon as practicable but no later than 2 hours—

(i) after the incident occurs; or

(ii) if the licensee is not initially aware of the incident, after the licensee becomes aware of the incident; and

(b) include the following information—

(i) the date, time and location of the incident;

(ii) a description of the incident;

(iii) any known or suspected cause of the incident;

(iv) whether any emergency service attended the incident and, if so, the name and contact details of the emergency controller.

(3) After receiving a notification under subregulation (1), the Minister and Energy Safe Victoria may require the licensee to provide further information regarding the incident.

(4) A licensee must, as soon as practicable but not later than 7 days (or a longer period as agreed by the Minister or Energy Safe Victoria) after the occurrence of a reportable environmental incident or a reportable safety incident, submit a written report to the Minister and Energy Safe Victoria that includes the following information—

(a) the date, time and location of the incident;

(b) a description of the incident;

(d) details of any corrective action that has been taken, or is proposed to be taken, to prevent a similar incident;

(e) in the case of an escape or ignition of anything in the pipeline, a description of—

(i) the nature and approximate quantity of the thing that escaped, or escaped and ignited; and

(ii) any damage resulting from the escape or ignition; and

(iii) the methods adopted to carry out repairs.

Penalty: 20 penalty units.

(5) A licensee must keep a record of all reportable environmental incidents and reportable safety incidents that occur during the pipeline operation.

Penalty: 20 penalty units.

(6) This regulation does not apply to a reportable safety incident in respect of a pipeline to which the Gas Safety Act 1997 applies.

21 Interference with incident site

(1) A person must not interfere with the location of a reportable environmental incident or a reportable safety incident during an investigation of a reportable environmental incident or a reportable safety incident by a person or body referred to in subregulation (3) without the consent of that person or body.

Penalty: 20 penalty units.

(2) Despite subregulation (1), a person may interfere with the location of a reportable environmental incident or a reportable safety incident where it is necessary—

(a) to provide immediate assistance to any person injured as a result of the incident; or

(b) to recover the body of any person killed as a result of the incident; or

(3) This regulation does not prohibit any investigation of a reportable environmental incident or a reportable safety incident by—

(a) a police officer; or

(b) Energy Safe Victoria; or

22 Construction and operation standards

(1) For the purposes of section 100(1)(a) of the Act, a pipeline must be constructed in accordance with the prescribed standard AS 2885.1—2012.

(2) For the purposes of section 109(a) of the Act, a pipeline must be operated in accordance with the prescribed standard AS 2885.3—2012.

23 Surveillance reporting

(1) The licensee must—

(a) keep a written report of each inspection of the pipeline undertaken in accordance with AS 2885.3—2012; and

(b) submit those reports to the Minister or Energy Safe Victoria on request.

Penalty: 20 penalty units.

(2) This regulation does not apply to a pipeline to which the Gas Safety Act 1997 applies.

24 Annual pipeline operation fee

For the purposes of section 110(1) of the Act, the prescribed pipeline operation fee is nil.

25 Safety and environmental risk assessment for application to use pipeline for conveyance of other thing

For the purposes of section 113(2)(d) of the Act, an assessment of the potential risks to safety and the environment of a proposal to use a pipeline to convey a thing other than the thing authorised by the licence must—

(a) describe the methodology used and investigations undertaken for the assessment; and

(b) identify all potential hazards arising from the proposed other use of the pipeline; and

(d) include a description of measures undertaken, or to be undertaken, to eliminate or minimise as far as reasonably practicable the identified risks.

26 Fee for application to use pipeline to convey other thing

For the purposes of section 113(2)(f) of the Act, the prescribed fee is the relevant fee specified in Table 2 of Schedule 2.

27 Fee for application for Ministerial direction under section 122

For the purposes of section 122(3) of the Act, the prescribed fee is the relevant fee specified in Table 2 of Schedule 2.

28 Fee for application for approval of access to a pipeline easement

For the purposes of section 123(2) of the Act, the prescribed fee is the relevant fee specified in Table 2 of Schedule 2.

Part 6—Safety Management Plans

Division 1—Content of Safety Management Plan

29 Performance standards

In this Part, a performance standard in relation to a pipeline operation must specify—

(a) who is responsible for carrying out the operation; and

(b) what has to be done in the performance of the operation; and

(d) the expected outcomes of the operation.

30 Matters to be included in Safety Management Plans

For the purposes of section 126(1)(c) of the Act, the prescribed matters to be included in a Safety Management Plan are set out in this Part.

31 Contact details

The Safety Management Plan must contain—

(a) the name, business address and telephone number of the licensee; and

(b) the name, position title, email address and mobile number of the person who is responsible for the preparation, submission and review of the Safety Management Plan.

32 Description of pipeline

(1) The Safety Management Plan must contain a description of the pipeline with sufficient information—

(a) to show the technical details of the pipeline; and

(b) to show how the licensee intends to ensure safety and maintain the integrity of the pipeline operation; and

(2) In this regulation technical details includes—

(a) design specifications and drawings; and

(b) construction materials; and

33 Safety assessment

The Safety Management Plan must contain a safety assessment of the pipeline operation that—

(a) is consistent with the description of the pipeline under regulation 32; and

(b) describes the methodology used and investigations undertaken for the safety assessment; and

(c) identifies all of the hazards and risks arising from the pipeline operation that have the potential to cause a reportable or non-reportable safety incident; and

(d) contains a detailed assessment of those risks; and

(e) describes the systems, practices and procedures undertaken, or proposed to be undertaken, to eliminate or minimise those risks as far as reasonably practicable.

34 Emergency response plan

(1) The Safety Management Plan must provide for the establishment and maintenance of an emergency response plan that—

(a) identifies all potential emergency situations that may arise in relation to the pipeline operation; and

(b) identifies and assesses the risks to safety of the public and employees and contractors arising from the potential emergency situations identified in paragraph (a); and

(c) includes detailed response arrangements to eliminate or minimise as part of practice the risks identified in paragraph (b).

(2) The Safety Management Plan must include procedures to ensure that the response arrangements in the emergency response plan are tested—

(a) when the response arrangements are introduced; and

(b) when the response arrangements are significantly amended; and

35 Safety management system

(1) The Safety Management Plan must specify a safety management system followed or to be followed in relation to the pipeline operation.

(2) The safety management system must contain the information specified in Division 2.

Division 2—Content of safety management system

36 Safety policy, systems and procedures

The safety management system must specify the licensee's safety policy and the systems and procedures to be used to ensure that the licensee meets the licensee's duties under section 124 of the Act.

37 Organisational structure and responsibilities

The safety management system must specify the responsibilities, accountabilities and authority levels of personnel with respect to the various aspects of the pipeline operation.

38 Incident recording, investigation and reviewing

The safety management system must specify—

(a) how reportable and non-reportable safety incidents are to be recorded and investigated; and

(b) the management systems to be used for reviewing and taking action on information that is recorded or identified by an investigation to improve the safety of the pipeline operation.

39 Work and staffing systems

(1) The safety management system must specify the work and staffing systems to be used for the pipeline operation to ensure, as far as reasonably practicable, that—

(a) each area of safety-critical work in relation to the pipeline operation is assessed to identify the minimum skills, knowledge and experience requirements for a person assigned to carry out that work; and

(b) only persons with the skills, knowledge and experience appropriate to an area of safety‑critical work are assigned to carry out that work; and

(d) a permit to work system, as set out in subregulation (2), is to be followed for any safety-critical work carried out in relation to the pipeline operation.

(2) A permit to work system must—

(a) prohibit any person from performing safety‑critical work without a written permit to work issued by a person authorised by the licensee to issue that permit; and

(b) specify by position the persons who are authorised to issue a permit to work and to supervise that work; and

(c) ensure that persons responsible for the issuing of permits to work and persons carrying out safety-critical work under a permit to work are competent and are provided with appropriate training, procedures, tools, equipment and emergency support.

(3) In this regulation, safety-critical work means work which affects or may affect the safety of the pipeline operation.

40 Compliance management

The safety management system must—

(a) specify procedures for identifying, collecting and analysing a pipeline's operational, maintenance and integrity data to identify trends in a pipeline's operation and performance; and

(b) specify procedures for planning and implementing audits of the safety management system to determine compliance with this regulation; and

(c) specify procedures for regular management review of the effectiveness and appropriateness of the safety management system; and

(d) specify procedures for managing changes to the procedures, pipeline design and operation.

Division 3—Records and reporting

41 Records

The Safety Management Plan must contain details of arrangements to record and keep—

(a) information about the licensee's performance in ensuring the safety of the public, employees and contractors; and

(b) details of all reportable and non-reportable safety incidents, including emergency situations; and

(d) in the case of any emergency situation, information on the effectiveness of the emergency response plan in eliminating or minimising, as far as reasonably practicable, risks to the safety of the public, employees and contractors.

42 Reporting

For the purposes of reporting to the Minister under regulation 11(1)(c), the Safety Management Plan must contain details of arrangements for reporting on the licensee's performance in ensuring the safety of the public, employees and contractors.

Part 7—Environment Management Plans

43 General

(1) For the purposes of section 133(1)(c) of the Act, the prescribed matters to be included in an Environment Management Plan are set out in this Part.

(2) An Environment Management Plan given to the Minister under section 133 of the Act must be accompanied by the relevant fee specified in Table 5 of Schedule 2.

44 Description of pipeline operation and environment

The Environment Management Plan must—

(a) describe the pipeline operation, including details and timing of activities involved in the construction and ongoing operation of the pipeline; and

(b) describe the existing environment that may be affected by the pipeline operation; and

45 Description of environmental risks

The Environment Management Plan must—

(a) identify the risks to the environment arising directly or indirectly from the pipeline operation; and

(b) assess the environmental risks identified under paragraph (a).

46 Environmental performance objectives and standards

The Environment Management Plan must contain—

(a) environmental performance objectives and standards, against which the performance by the licensee to eliminate or minimise the risks identified in accordance with regulation 45 so far as reasonably practicable are to be measured, that address—

(i) the environmental legislative requirements that apply to carrying out the pipeline operation; and

(ii) any other environmental requirements that the licensee intends to comply with in carrying out the pipeline operation; and

(b) a list of the environmental legislative requirements and any other non-legislative requirements referred to in paragraph (a); and

47 Consultation

The Environment Management Plan must contain a report on all consultation carried out between the licensee and all relevant entities in the course of developing the Environment Management Plan.

48 Implementation strategy

(1) The Environment Management Plan must contain an implementation strategy for the pipeline operation.

(2) The implementation strategy must specify the systems, practices and procedures to be used to ensure that—

(a) any environmental risks identified in accordance with regulation 45(a) are eliminated or minimised so far as reasonably practicable; and

(b) the environmental performance objectives and standards specified in accordance with regulation 46(a) are met.

(3) The implementation strategy must include measures to enable assessment of the effectiveness of the systems, practices and procedures in subregulation (2).

(4) The implementation strategy must provide for—

(a) monitoring, auditing and management of compliance with the requirements of subregulation (2); and

(b) assessment by the licensee of the licensee's performance in relation to compliance with the requirements of subregulation (2); and

(5) The implementation strategy must provide for the establishment and maintenance of an emergency response plan that—

(a) identifies all potential emergency situations that may arise in relation to the pipeline operation; and

(b) identifies and assesses the environmental risks arising from the potential emergency situations identified in paragraph (a); and

(c) includes response arrangements for minimising any harm to the environment arising from potential emergency situations identified in paragraph (a).

(6) The implementation strategy must include procedures to ensure that the response arrangements in the emergency response plan are tested—

(a) when the response arrangements are introduced; and

(b) when the response arrangements are significantly amended; and

(7) The implementation strategy must include arrangements for consultation by the licensee with all relevant entities in relation to the pipeline operation and the licensee's performance in protecting the environment, during the life of the pipeline operation.

(8) The implementation strategy must establish a clear chain of command, setting out the roles and responsibilities of personnel in relation to the implementation, management and review of the Environment Management Plan.

49 Records

The Environment Management Plan must contain details of arrangements to record and keep—

(a) information about the systems, practices and procedures that the licensee has adopted to meet the obligations in the Environment Management Plan; and

(b) information about the licensee's performance in relation to compliance with regulation 11(1)(b); and

(d) details of the emergency response testing undertaken in accordance with the requirements of regulation 48(6); and

(e) in the case of any emergency situation, information on the effectiveness of the emergency response plan in eliminating or minimising as far as reasonably practicable any harm to the environment.

50 Reporting

For the purposes of reporting to the Minister under regulation 11(1)(b), the Environment Management Plan must contain details of arrangements for reporting on the licensee's performance in protecting the environment from the pipeline operation.

Part 8—Infringements

51 Prescribed infringement offences and infringement penalties

(1) For the purposes of section 183A(1) of the Act, an offence specified in column 2 of Schedule 6 is prescribed as an infringement offence.

(2) For the purposes of section 183A(3) of the Act, the prescribed infringement penalty for an offence referred to in subregulation (1) is the infringement penalty in column 3 of Schedule 6 set out opposite the relevant infringement offence.

Part 9—Administrative

52 Fee for access to registered information

(1) For the purposes of section 188(1) of the Act, the prescribed fee for access to the Pipelines Register on any day is nil.

(2) For the purposes of section 188(1) of the Act, the prescribed fee for each page of information provided from the Pipelines Register is nil.

Schedules

Schedule 1—Notice under section 27 of the Pipelines Act 2005 to owners and occupiers of land in a pipeline corridor

Regulation 7

Pipelines Act 2005

Pipelines Regulations 2017

To: [insert name and address of person(s) who owns or occupies land in the pipeline corridor (see Note 1)]

I [name of proponent] am considering applying for a licence to construct and operate a pipeline over the following land:

[insert a description of the land (including, if appropriate, a sketch showing the relevant part of the land) and title particulars]

A copy of a plan showing the pipeline corridor is attached to this Notice. [attach copy of a plan drawn to an appropriate scale showing the pipeline corridor]

The proposed pipeline is: [insert a description of the purpose of the proposed pipeline, e.g. to convey high pressure gas between A and B]

*Information regarding the proposed pipeline, including the processes that will be followed for obtaining required approvals and details of how [insert name of proponent] proposes to consult with you was given to you with the notice of intention to enter land for survey issued on: [insert date that written notice of intention to enter land for survey was given to owner or occupier under section 19 of the Act]

[*delete the statement that does not apply]

Signature of the proponent:

Date:

Note 1

A pipeline corridor is a corridor of land within which a pipeline is proposed to be constructed under the Pipelines Act 2005. The final route of the proposed pipeline within the corridor is subject to consultation and approval under the Pipelines Act 2005.

Note 2

Under section 27(3) of the Pipelines Act 2005 this Notice lapses after 12 months from the date of this Notice, unless the Minister administering that Act, extends that period in writing.

Schedule 2—Fees

Regulations 9, 13, 14, 16, 17, 19, 26–28 and 43

Table 1—Application for pipeline licence

Column 1<br>Item no.	Column 2<br>Type of application	Column 3<br>Fee units
1	Application for pipeline licence 0–10 km Environment Effects Statement required	2374·77
2	Application for pipeline licence 10–100 km Environment Effects Statement required	3051·70
3	Application for pipeline licence >100 km Environment Effects Statement required	3551·07
4	Application for pipeline licence 0–10 km No Environment Effects Statement required	948·80
5	Application for pipeline licence 10–100 km No Environment Effects Statement required	1276·16
6	Application for pipeline licence >100 km No Environment Effects Statement required	1553·59

Table 2—Application for pipeline licence amendments

Column 1<br>Item no.	Column 2<br>Type of application	Column 3<br>Fee units
1	Application to amend licence condition	149·81
2	Application to consolidate licences	349·56
3	Application to lodge notice with Registrar of Titles	55·49
4	Application to convey other thing	166·46
5	Application for Ministerial direction to share pipeline	166·46
6	Application to access easement	166·46

Table 3—Application for pipeline licence—alteration to authorised route

Column 1<br>Item no.	Column 2<br>Type of application	Column 3<br>Fee units
1	Application for minor alteration to authorised route	377·30
2	Application for significant alteration to authorised route	1387·13

Table 4—Decommissioning plans

Column 1<br>Item no.	Column 2<br>Type of application	Column 3<br>Fee units
1	Decommissioning plan 0–10 km	454·98
2	Decommissioning plan 10–100 km	1470·36
3	Decommissioning plan >100 km	2996·21
4	Part decommissioning plan 0–10 km	454·98
5	Part decommissioning plan 10–100 km	1470·36
6	Part decommissioning plan >100 km	2996·21

Table 5—Environment Management Plans

Column 1<br>Item no.	Column 2<br>Type of application	Column 3<br>Fee units
1	Environment Management Plan 0–10 km	454·98
2	Environment Management Plan 10–100 km	1470·36
3	Environment Management Plan >100 km	2996·21

Schedule 3—Notice under section 68(3)(b) of the Pipelines Act 2005 to owners and occupiers of land affected by proposed alteration of pipeline route

Regulation 14

Pipelines Act 2005

Pipelines Regulations 2017

To: [insert name and address of person(s) who owns or occupies land affected by the proposed alteration to the authorised route of a pipeline]

I [name of licensee] am considering applying to alter the authorised route of the pipeline under Pipeline Licence [insert Pipeline Licence number] over the following land:

[insert a description of the land (including, if appropriate, a sketch showing the relevant part of the land) and title particulars]

The proposed alteration is to:

[insert a description of the proposed alteration]

A copy of a plan showing the proposed alteration to the authorised route of the pipeline is attached to this Notice. [attach copy of a plan drawn to an appropriate scale showing the proposed alteration]

*Information regarding the proposed alteration to the authorised route of the pipeline, including information on activities to be undertaken for the purpose of any survey, how potential adverse impacts of the construction and operation of the proposed alteration will be managed, and procedures to permit the construction and operation of the proposed alteration, including any compulsory acquisition of land.

*A statement advising that land owners and occupiers may seek independent legal advice and setting out contact information for the Department of Economic Development, Jobs, Transport and Resources.

[Where the Minister has required the preparation of a consultation plan for the proposed alteration, under section 68(3)(a) of the Pipelines Act 2005, the information regarding the proposed alteration and the statement may be provided as part of the approved consultation information.*]

Signature of the licensee:

Date:

Schedule 4—Application under section 73 of the Pipelines Act 2005 to consolidate licences

Regulation 15

Pipelines Act 2005

Pipelines Regulations 2017

To: Minister administering the Pipelines Act 2005

I, [insert name of licensee including Australian Business Number], apply under section 73 of the Pipelines Act 2005 for the amendment of Pipeline Licence number [insert Pipeline Licence number] (the ongoing licence) to consolidate it with the whole or part of the following Pipeline Licence number/s [insert Pipeline Licence numbers] and submit the following particulars:

The pipelines are described as follows:

[insert a brief description of the use of each pipeline and of each pipeline route]

A copy of a map showing each pipeline route is attached to this application.

The reasons for this application to consolidate pipeline licences are: [insert reasons for the application]

Address of the applicant or registered business address if the applicant is a company:

Postal address of the applicant:

Telephone number of the applicant:

Fax number of the applicant:

Email address of the applicant:

*An additional length of authorised route of the pipeline is required.

[Provide details of additional length]

[Insert any other amendments of the licence required for the purposes of consolidation]

Signature of the licensee:

Date:

*Delete if inapplicable

Schedule 5—Notice to Registrar of Titles of notice of application to the Minister for consent to compulsorily acquire an easement over private land

Regulation 18

Pipelines Act 2005

Pipelines Regulations 2017

To: The Registrar of Titles

From: Proponent/Applicant/Licensee*

[insert full name and address including postcode]

In accordance with section 92(1) of the Pipelines Act 2005, I give notice that I have given notice to the owner of the land described below under section 91 of that Act of an application under section 90 of that Act to the Minister for consent to compulsorily acquire an easement over that land on [insert date notice given under section 91]. A copy of the notice under section 91 is attached to this Notice.

Details of land:

[insert volume and folio reference]

Address for service to proponent/applicant/licensee*:

Signature of the proponent/applicant/licensee*:

Date:

*delete whichever does not apply

Schedule 6—Infringement offences and infringement penalties

Regulation 51

Item no.	Infringement offence	Infringement penalty
1	An offence against section 106(b) of the Act	5 penalty units (natural person)<br>20 penalty units (body corporate)
2	An offence against section 107(1) of the Act	5 penalty units (natural person)<br>12 penalty units (body corporate)
3	An offence against section 107(2) of the Act	5 penalty units (natural person)<br>12 penalty units (body corporate)
4	An offence against section 111(a) of the Act	12 penalty units (natural person)<br>60 penalty units (body corporate)
5	An offence against section 111(b) of the Act	12 penalty units (natural person)<br>60 penalty units (body corporate)
6	An offence against section 114(3) of the Act	12 penalty units (natural person)<br>60 penalty units (body corporate)
7	An offence against section 117(b) of the Act	5 penalty units (natural person)<br>20 penalty units (body corporate)
8	An offence against section 118 of the Act	10 penalty units (natural person)<br>50 penalty units (body corporate)
9	An offence against section 120(1) of the Act	10 penalty units (natural person)<br>50 penalty units (body corporate)
10	An offence against section 127 of the Act	12 penalty units (natural person)<br>60 penalty units (body corporate)
11	An offence against section 132 of the Act	5 penalty units (natural person)<br>20 penalty units (body corporate)
12	An offence against section 134 of the Act	12 penalty units (natural person)<br>60 penalty units (body corporate)
13	An offence against section 139 of the Act	5 penalty units (natural person)<br>20 penalty units (body corporate)

14	An offence against section 179 of the Act	12 penalty units (natural person)<br>60 penalty units (body corporate)
15	An offence against regulation 20(4)	2 penalty units

═══════════════

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 Pipelines Regulations 2017, S.R. No. 9/2017 were made on 15 March 2017 by the Governor in Council under section 190 of the Pipelines Act 2005, No. 61/2005 and came into operation on 26 March 2017: regulation 3.

The Pipelines Regulations 2017 will sunset 10 years after the day of making on 15 March 2027 (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 Pipelines Regulations 2017 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.

4 Explanatory details

Reg. 4: S.R. No. 15/2007 as amended by S.R. Nos 42/2012 and 97/2015.

——

Table of Applied, Adopted or Incorporated Matter

Note that the following table of applied, adopted or incorporated matter is included 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** |
| --- | --- | --- |
| Regulations 5, 8(1)(a)(ix) and 22(1) | AS 2885.1: Pipelines—Gas and liquid petroleum Part 1: Design and construction as published and amended from time to time | Whole |
| Regulations 5, 17(1)(i), 22(2) and 23(1)(a) | AS 2885.3: Pipelines—Gas and liquid petroleum Part 3: Operation and maintenance as published and amended from time to time | Whole |

——

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 2016 is $13.94. 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 2016 is $155.46.

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. ↑

1 Pipelines Regulations 2017

Version No. 001

Pipelines Regulations 2017

S.R. No. 9/2017

Version as at
26 March 2017

TABLE OF PROVISIONS

Regulation Page

Part 1—Preliminary 1

1 Objectives 1

2 Authorising provision 2

3 Commencement 2

4 Revocation 2

5 Definitions 2

Part 2—Pre-licence process 4

6 Notice of intention to enter land for survey 4

7 Notice of pipeline corridor 5

Part 3—Pipeline licence process 6

8 Application to contain certain information 6

9 Application fee 7

10 Notice of application for a licence 7

11 Conditions of a licence 8

12 Licence fee 10

13 Application to amend a licence condition 10

14 Alteration of pipeline route—minor or significant 11

15 Form of application for consolidation of licences 11

16 Fee for application for consolidation of licences 11

17 Decommissioning plans 11

Part 4—Access to land for pipeline 14

18 Form of notice for Registrar of Titles 14

19 Fee for lodging notice with Registrar of Titles 14

Part 5—Construction and operation of pipelines 15

20 Incident reporting 15

21 Interference with incident site 17

22 Construction and operation standards 17

23 Surveillance reporting 18

24 Annual pipeline operation fee 18

25 Safety and environmental risk assessment for application to use pipeline for conveyance of other thing 18

26 Fee for application to use pipeline to convey other thing 19

27 Fee for application for Ministerial direction under section 122 19

28 Fee for application for approval of access to a pipeline easement 19

Part 6—Safety Management Plans 20

Division 1—Content of Safety Management Plan 20

29 Performance standards 20

30 Matters to be included in Safety Management Plans 20

31 Contact details 20

32 Description of pipeline 20

33 Safety assessment 21

The Regulations organise around a set of recurring regulatory building blocks: notice and consultation requirements, prescribed application and plan content, mandatory technical standards, incident reporting and recordkeeping, fee schedules, and infringement penalties. Key concepts include:

Prescribed content: The Regulations repeatedly require particular content for documents that interact with the Act. For example, a licence application must include an ABN, contact details, explicit start and end points for corridors and routes, maximum allowable operating pressure, construction dates, an identification and comparison of environmental/social/safety impacts for alternative routes, and plans and design specifications (reg 8(1)(a)(i)-(xii)). A Safety Management Plan and an Environment Management Plan are each required to contain defined subject matter (Parts 6 and 7, regs 29-50).
Imported technical standards: AS 2885.1,2012 (design and construction) and AS 2885.3,2012 (operation and maintenance) are incorporated as the mandatory standard for pipelines (regs 5 definition of AS standards; reg 22(1)-(2); Explanatory details table). Compliance with these standards is mandatory for construction and operation under the Act via these Regulations (reg 22).
Time-critical incident reporting: The regime distinguishes reportable environmental incidents and reportable safety incidents (definitions in reg 5) and sets short compulsory notification windows, notably an initial written notification “as soon as practicable but no later than 2 hours” after the incident is known (reg 20(2)(a)). Detailed written reports must follow “as soon as practicable but not later than 7 days” unless extended (reg 20(4)).
Recordkeeping and reporting duties: Licensees must keep records of reportable incidents (reg 20(5)) and maintain inspection reports and other records specified in Safety and Environment Management Plans (regs 23(1)(a), 41, 49). Annual reporting obligations to the Minister and Energy Safe Victoria for environmental performance and safety/integrity are imposed (reg 11(b)-(c)).
Fees and fee units: Many application types attract fees listed in Schedule 2 as fee unit amounts (e.g., Table 1 for licence applications, Table 4 for decommissioning plans). The Explanatory details specify the method of converting fee units to dollars and give the fee unit value for the 2016-17 financial year (Endnotes: “Fee Units”).
Infringement schedule and penalty units: The Regulations map specific statutory offences under the Act to infringement penalties and identify fixed penalty amounts by reference to penalty units (reg 51; Schedule 6). The Endnotes state the monetary value of a penalty unit for 2016-17 and rounding rules.

These concepts govern who must produce what documents, the substantive minimum of those documents, the technical benchmarks to be met, the timeframes for notification and record retention, and the financial and administrative costs of using the statutory processes created by the Act. The Regulations thereby create a compliance architecture that channels pipeline operations into standardised documentation, technical conformity and interactions with the Minister and Energy Safe Victoria.

Primary regulated parties

Licence applicants and licensees: Any person or body applying for or holding a pipeline licence under the Pipelines Act 2005 will be directly affected. The Regulations prescribe how licence applications must be prepared (reg 8), fees payable for application types (reg 9; Schedule 2), licence conditions (reg 11), amendment and consolidation processes (regs 13-16), and decommissioning plans (reg 17). Licence holders also face operational duties such as incident reporting (reg 20), surveillance reporting (reg 23), and requirements to lodge maps and reports (reg 11(1)(a)-(c)).
Prospective pipeline proponents: Those who wish to enter land to survey potential pipeline routes must follow the notice requirements, including detailed particulars of survey and parties engaged to carry out the survey (reg 6). Proponents must also give a pipeline corridor notice to owners and occupiers in the corridor using the Schedule 1 form (reg 7; Schedule 1).
Owners and occupiers of affected land: Owners or occupiers of private land in a pipeline corridor or on which a route alteration is proposed are recipients of prescribed notices (Schedule 1; Schedule 3). They may be affected by compulsory acquisition processes for easements, in which case a notice to the Registrar of Titles must be lodged (reg 18; Schedule 5).
Contractors and safety‑critical workers: The Safety Management Plan provisions (regs 29-42) impose requirements that affect staffing, training, permit‑to‑work systems, competency and supervision (reg 39). Persons performing safety‑critical work will be affected by permit and competence systems the licensee must adopt (reg 39(1)-(2)).
Authorities with environmental responsibilities and emergency services: The Regulations require consultation, reporting and notification to “relevant entities” (definitions in reg 5) and leave powers for the Minister and Energy Safe Victoria to request more information and to receive reports (reg 20(3)-(4); regs 11 and 48(7)-(8) for consultation). Emergency services are referenced in incident reporting obligations (reg 20(2)(b)(iv)).

Indirectly affected parties

Lenders, investors and purchasers: The regulatory regime increases documentary transparency about pipeline location, safety and environmental plans, and decommissioning liabilities. Licensees must lodge records and maps with the Minister and may be required to lodge notices with the Registrar of Titles (regs 11(1)(a); regs 18-19; Schedule 5). These requirements create documentary records that inform due diligence and risk assessments.
Local governments and planning authorities: Environment Management Plans require identification of existing environment and values (reg 44), and consultation is required with relevant entities (reg 47). Local authorities will therefore be engaged in consultation processes.
Energy Safe Victoria and the Minister: The Regulations make both entities central recipients of reporting, applications and consents. Energy Safe Victoria is a named agency for receipt of post‑construction documentation and incident reports (reg 11(1)(a); reg 20(1)).

Exemptions and special cases

Pipelines regulated under the Gas Safety Act 1997: The Regulations explicitly exclude certain incident reporting and surveillance requirements in respect of pipelines to which the Gas Safety Act 1997 applies (reg 20(6) and reg 23(2)). Those pipelines remain subject to that other statutory scheme rather than some of the specific reporting rules in these Regulations.

Financial impact

Applicants and licensees bear fees for many processes. Schedule 2 sets fee unit amounts across a matrix of application types and kilometre ranges. The endnotes explain the conversion to dollars by multiplying fee units by the fee unit value (Endnotes “Fee Units”). The Regulations also specify that some fees are nil: the licence fee under section 57(b) of the Act is prescribed as nil (reg 12) and access to the Pipelines Register is free (reg 52).

In short, the Regulations affect any party proposing, constructing, operating, altering, decommissioning or financing pipelines in the State. They allocate documentary obligations and compliance costs to proponents and licensees, create decision and information channels for the Minister and Energy Safe Victoria, and require consultation with owners, occupiers and relevant environmental authorities.

The Regulations translate duties in the Pipelines Act into concrete administrative and technical obligations. The following are the principal duties and the corresponding rights or decision points they create.

Duties on applicants and proponents

Pre‑survey and corridor notice duties: A proponent intending to enter land for survey must give a notice containing prescribed particulars including the proponent’s name, the landowner or occupier, details of the proposed survey, intended use, and the name and address of the person carrying out the survey (reg 6). A corridor notice to owners and occupiers must follow the Schedule 1 template (reg 7; Schedule 1).
Application content duties: Licence applications must contain the matters listed at reg 8(1)(a)(i)-(xii), be signed (reg 8(1)(b)), and be accompanied by a map drawn at not less than 1:250 000 (reg 8(2)). These duties constrain what decision makers receive and set minimum transparency standards on route selection and impact assessment.
Fees and lodgement duties: Applicants must pay the prescribed fee units for particular application types in Schedule 2 (reg 9; Schedule 2) and the relevant fees for licence amendments, consolidation and decommissioning plans (regs 13, 14, 16, 17; Schedule 2).
Post‑construction documentation and reporting: Licensees must lodge with the Minister and Energy Safe Victoria 2 hard copies and an electronic copy of an as‑constructed map and alignment drawings as soon as practicable after construction (reg 11(1)(a)(i-ii)). Licensees also must report annually on environmental performance and safety/integrity within 90 days of the end of each financial year (reg 11(1)(b)-(c)).
Safety and environment planning duties: Licensees must prepare, maintain and follow Safety Management Plans and Environment Management Plans containing the prescribed matters in Parts 6 and 7 (regs 29-50). Those plans must include emergency response planning and testing, record keeping and audit/management review systems (regs 34, 40, 48(4)-(6); regs 41, 49).
Incident reporting and recordkeeping duties: Licensees must notify the Minister and Energy Safe Victoria of reportable environmental and safety incidents in writing as soon as practicable but no later than 2 hours after the incident (reg 20(1)-(2)), provide a detailed written report within 7 days (reg 20(4)), and keep records of all reportable incidents (reg 20(5)). Interference with incident sites is prohibited during investigations except in limited circumstances (reg 21).
Construction and operation standards: A licence holder must construct and operate pipelines in accordance with AS 2885.1,2012 and AS 2885.3,2012 (reg 22(1)-(2)).

Duties on licensees with respect to staff and procedures

Competency and permit‑to‑work system: Safety management systems must specify minimum skills, knowledge and experience for safety‑critical work, ensure appropriate assignment of personnel, provide necessary training, and require a written permit to work for safety‑critical tasks (reg 39(1)-(2)).
Surveillance and inspection reports: Licensees must keep written reports of inspections done under AS 2885.3,2012 and submit those reports to the Minister or Energy Safe Victoria on request (reg 23(1)).

Rights, decision points and delegations

Minister and Energy Safe Victoria information and direction: The Regulations make the Minister and Energy Safe Victoria the central recipients of documentation and reporting. They have the right to request further information after incident notification (reg 20(3)), to receive post‑construction maps and reports (reg 11(1)(a)-(c)), and to agree to extensions of reporting periods (reg 20(4)). The Minister retains statutory discretion under the Act for approvals and consents that the Regulations feed into (for example, for route alterations and easement acquisition).
Consultation and notice recipients’ rights: Owners and occupiers receive prescribed notices in a form set out in Schedules 1 and 3. Schedule 3 expressly suggests that owners and occupiers may seek independent legal advice and specifies contact information for the relevant department in the template (Schedule 3).
Fees prescribed as nil: The Regulations expressly remove certain monetary costs: the licence fee under s 57(b) of the Act is prescribed as nil (reg 12) and access to the Pipelines Register by day or per page is nil (reg 52(1)-(2)). Those are rights that reduce direct administrative costs for licensees and interested parties.

Enforcement duties on authorities

Infringement enforcement: The Regulations list certain offences as infringement offences and set the fixed infringement penalty amounts in Schedule 6 for use under s 183A of the Act (reg 51; Schedule 6).
Receipt and use of reports: The Minister and Energy Safe Victoria must receive, and have powers to act on, incident notifications and the reports required by the Regulations (regs 11, 20(3)-(4)).

These duties create an enforcement architecture that relies heavily on paperwork, specified technical conformity, time‑bound reporting and formalised consultation. The practical effect is to move discretion into compliance with prescribed documents and standard processes and to make non‑compliance readily identifiable through missing or deficient documentation, late reports or failures to adhere to the incorporated Australian Standards.

The Regulations set out a two‑track enforcement architecture: fixed‑penalty infringement notices for specified contraventions and criminal/regulatory penalties that are referenced back to the Act, with the Regulations themselves carrying several specific penalties.

Infringement offences and amounts

Regulation 51 prescribes certain offences under the Act as infringement offences and sets the fixed infringement penalties in Schedule 6. Schedule 6 lists 15 items specifying offences under particular sections of the Act (for example, an offence against s 106(b) of the Act is an infringement offence with a penalty of 5 penalty units for a natural person and 20 penalty units for a body corporate; Schedule 6, Item 1).
The Schedule differentiates penalties between natural persons and bodies corporate for most items. For example, offences under ss 111(a) and 111(b) of the Act attract penalties of 12 penalty units for a natural person and 60 penalty units for a corporation (Schedule 6, Items 4 and 5).
One Regulation‑level infringement penalty is created directly in these Regulations: a breach of reg 20(4) (failure to provide the written report within 7 days) is an infringement under Schedule 6 Item 15 with a penalty of 2 penalty units (Schedule 6, Item 15).

Regulatory penalties in the Regulations

Specific offences created by the Regulations carry penalties expressed as penalty units. Examples include:
- A licencee who fails to notify the Minister and Energy Safe Victoria of a reportable environmental incident or reportable safety incident is subject to a penalty of 20 penalty units (reg 20(1)).
- Failure to lodge the written report required by reg 20(4) carries a penalty of 20 penalty units (reg 20(4)).
- Failure to keep a record of reportable incidents is a penalty of 20 penalty units (reg 20(5)).
- Interfering with an incident site contrary to reg 21(1) carries a penalty of 20 penalty units (reg 21(1)).
- Failure to keep inspection reports and to provide them on request under reg 23(1) is a penalty of 20 penalty units (reg 23(1)(b)).
The Endnotes explain that penalty units are monetary values set under the Sentencing Act 1991 and give the penalty unit value for 2016-17 as $155.46, with rounding rules (Endnotes “Penalty Units”).

Enforcement actors and processes

The Minister and Energy Safe Victoria are the principal recipients and controllers of information that enable enforcement. They may require further information after incident notification (reg 20(3)) and they receive and assess post‑construction documentation and annual reports (reg 11). The Regulations therefore give these two agencies the central role in detecting and responding to non‑compliance.
The Regulations do not specify prosecution procedures, but mapping particular statutory offences to infringement penalties under reg 51 provides a streamlined enforcement route where appropriate. More serious contraventions that are not listed as infringement offences remain subject to the Act’s penalty and enforcement provisions.

Practical enforcement implications and certainty

The Regulations create measurable, time‑bound obligations (for example, the 2‑hour initial notification window and 7‑day follow‑up report) that are well suited to fixed penalty enforcement because compliance is objectively verifiable against a prescribed timeframe and the content minimum in reg 20(2)(b) and reg 20(4).
Because many obligations require written documents to be lodged with named agencies (reg 11(1)(a-c); regs 29-50), non‑compliance will generally be evident from absence or incompleteness of required documents.
Monetary exposure can be quantified because the Regulations tie many contraventions to penalty units or to infringement penalties in fee units. The Endnotes give the conversion method and values for the 2016-17 financial year, but those values are fixed annually by the Treasurer and must be verified for current amounts before calculating actual dollar exposure.

In sum, enforcement under the Regulations is a mix of administrative fixed‑penalty options for relatively straightforward, verifiable failures and the broader enforcement available under the Act for more complex or serious contraventions. The Regulations make time and document compliance central to enforcement.

The Regulations are a subordinate instrument made under the Pipelines Act 2005 (reg 2) and are designed to operate alongside, and in many places to reference, other statutory frameworks and standards. The key interactions apparent in the text are as follows.

Pipelines Act 2005

The Regulations are expressly made under section 190 of the Pipelines Act 2005 (reg 2) and implement specific provisions of that Act by prescribing forms, fees and content for processes referred to by section in the Act. Examples include prescribed forms for notices under ss 27 and 68 of the Act (reg 7; Schedule 1; reg 14; Schedule 3), application content under s 30 (reg 8), licence conditions under s 54 (reg 11), and decommissioning plan content under ss 80, 82 and 82A (reg 17).
The Regulations map certain offences in the Act to infringement penalties under s 183A by identifying those offences and setting the prescribed infringement penalties in Schedule 6 (reg 51). The Regulations therefore interlock with the Act’s enforcement architecture.

Gas Safety Act 1997

The Regulations identify that some provisions do not apply where a pipeline falls under the Gas Safety Act 1997. Specifically, the incident reporting requirements in reg 20 do not apply to reportable safety incidents for pipelines to which the Gas Safety Act 1997 applies (reg 20(6)); and the surveillance reporting requirement in reg 23(1) does not apply to such pipelines (reg 23(2)). That creates an exclusion: gas pipelines regulated under the Gas Safety Act remain subject to that separate regulatory regime for safety and surveillance matters.

Australian Standards and incorporated instruments

The Regulations incorporate AS 2885.1,2012 (design and construction) and AS 2885.3,2012 (operation and maintenance) as the required technical standards (reg 5 definitions; reg 22(1)-(2); Explanatory details table). The Explanatory details state that the whole of those Standards is applied, adopted or incorporated. The Regulations therefore delegate technical specification to those Standards and require licensees to comply with them. Users must be aware of the legal significance of those Standards as incorporated mandatory instruments under the Statutory Rule.

Monetary Units Act 2004 and Sentencing Act 1991

The Explanatory details and Endnotes explain that fees in Schedule 2 are expressed in fee units and must be multiplied by the value of a fee unit fixed under the Monetary Units Act 2004 to derive a dollar amount (Endnotes “Fee Units”). The value for 2016-17 is stated in the Endnotes. Similarly, penalties referred to as penalty units are governed by section 110 of the Sentencing Act 1991 and the Endnotes give the penalty unit monetary amount for 2016-17 (Endnotes “Penalty Units”). The Regulations therefore rely on existing statutory conversion machinery and annual indexation protocols.

Other environmental and planning laws

The Regulations require Environment Management Plans to address environmental legislative requirements that apply to carrying out the pipeline operation and any other environmental requirements the licensee intends to comply with (reg 46(a)(i)-(ii)). While the Regulations do not list specific environmental statutes, they require licensees to identify those legislative obligations and to set environmental performance objectives that align with them (reg 46). This compels licensees to map the pipeline operation against other environmental law obligations and to record that mapping in the Environment Management Plan.

Registrar of Titles, compulsory acquisition and land law

The Regulations provide a form for a notice to the Registrar of Titles when an application is made to the Minister for consent to compulsorily acquire an easement over private land (reg 18; Schedule 5). They also prescribe a fee for lodging that notice (reg 19; Schedule 2 Table 2, Item 3). These provisions interact with land registration systems and compulsory acquisition processes under the Act.

Administrative law and procedural fairness

The Regulations’ prescription of forms and notice content creates a standard of information disclosure that is relevant to administrative law challenges to decisions under the Act where process or consultation is in issue. The Schedule 3 notice for significant route alterations (reg 14; Schedule 3) includes suggested wording that informs recipients they may seek independent legal advice and sets out departmental contact information, which has procedural implications for how consultation and notification are conducted in accordance with the Act.

In short, the Regulations operate by specifying how the Pipelines Act’s powers and duties are to be implemented in practice, importing technical Australian Standards as legal obligations, and slotting into the monetary conversion systems of the Monetary Units Act and Sentencing Act. They also carve out interactions with the Gas Safety Act 1997 and require licensees to engage with other environmental and land laws through plan content and consultation requirements.

The Regulations contain limited internal amendment history in the Endnotes and a clear statement about revocation of the earlier subordinate instrument.

Key dates and revocations

Made and commencement: The Regulations were made on 15 March 2017 and came into operation on 26 March 2017 (Endnotes; reg 3). Regulation 2 states they are made under s 190 of the Pipelines Act 2005.
Revocation of previous instrument: The Pipelines Regulations 2007 are expressly revoked by reg 4. The Endnotes record that S.R. No. 15/2007 (as amended by S.R. Nos 42/2012 and 97/2015) was the instrument revoked (Endnotes, Reg. 4 explanatory note).
Sunset: The Endnotes state the Regulations will sunset 10 years after the day of making on 15 March 2027 pursuant to the Subordinate Legislation Act 1994 (Endnotes, General information). The sunset date is therefore a built‑in statutory expiry unless extended or remade.

Amendments since original making

The Endnotes include a “Table of Amendments” section which, as published in this instrument, records that there are no amendments made to these Regulations by later statutory rules, subordinate instruments or Acts at the date of publication (Endnotes, Table of Amendments).
The Endnotes also record that there are no “Amendments Not in Operation” (Endnotes, section 3).

Incorporation and applied documents

The Explanatory details include a table of applied, adopted or incorporated matter that documents the incorporation of AS 2885.1,2012 and AS 2885.3,2012 and notes that the whole of those Standards is applied, adopted or incorporated (Endnotes, Explanatory details). Any future amendment to the incorporated Standards may, subject to rules about incorporation of later versions, change technical requirements for pipelines.

Practical implications for compliance

Because the Regulations revoke an earlier instrument and set out their own schedules and forms, parties operating under the Act must now comply with these Regulations as the operative subordinate instrument. The lack of subsequent amendments in the published material means that the version reproduced here is self‑contained as at the publication date, but practitioners must check the Victorian legislation website for any later updates or replacement instruments prior to advising clients or acting on current compliance obligations.

The record supplied by these Regulations therefore shows a single consolidated instrument made in 2017, revoking the 2007 Regulations, with no later subordinate instrument amendments recorded in the Endnotes and with an automatic sunset scheduled for 2027 unless replaced.

The text provided contains no case law, judicial decisions or references to litigation that interprets these Regulations. The Endnotes include no judicial or administrative tribunal decisions. The Regulations themselves cite only other statutes and standards; they do not name any cases.

Practical consequence of absence of litigation in the source

No precedent to interpret mandatory incorporated standards: Because the Regulations import AS 2885.1,2012 and AS 2885.3,2012 and the supplied material includes no litigation, there is no judicial guidance in this text on how courts or tribunals have construed the interplay between the Standards and the statutory duties. Parties must therefore rely on the textual prescription in the Regulations and, where necessary, seek judicial or administrative guidance externally.
No reported enforcement outcomes in this instrument: The schedule of infringement offences and penalties (Schedule 6) is novel to enforcement practice only when acted upon. The absence of recorded cases in the Regulations means there are no recorded or published examples in this instrument of how infringement notices under Schedule 6 have been applied or contested.

What to do next if litigation or precedent matters

Check external sources: Practitioners needing to understand how these provisions have been enforced or litigated should search court and tribunal databases, Energy Safe Victoria determinations, and administrative tribunal records. This Regulations text does not supply that material.
Watch for judicial treatment of incorporated standards: If future disputes arise about compliance with AS 2885 standards incorporated by reference, courts will need to interpret how the standards’ technical language maps to statutory duties. The absence of guidance here underscores the importance of careful drafting of Safety and Environment Management Plans and contemporaneous records to demonstrate compliance.

In short, the Regulations themselves contain no litigation history. Users must look beyond this instrument to case law and agency decisions for interpretive guidance and for examples of enforcement.

The Regulations are detailed and prescriptive; several provisions are likely to cause operational errors or unexpected costs if not carefully managed. Below are specific “gotchas” drawn from the Regulations that practitioners, compliance officers and operators should note.

Short incident notification window and strict follow‑up timing

The initial written notification for a reportable safety or environmental incident must be given “as soon as practicable but no later than 2 hours” after occurrence or awareness (reg 20(2)(a)). The 2‑hour hard deadline for initial written notification is unusually short. Failure to comply attracts a penalty of 20 penalty units (reg 20(1)).
A detailed written report must be provided “as soon as practicable but not later than 7 days” unless the Minister or Energy Safe Victoria agree to a longer period (reg 20(4)). The 7‑day deadline also carries a penalty of 20 penalty units. Schedule 6 itemises an infringement penalty specifically for an offence against reg 20(4) of 2 penalty units (Schedule 6, Item 15). The combination of the 2‑hour and 7‑day rules makes real‑time incident response and administrative capacity essential.

Exclusions for Gas Safety Act pipelines

Some obligations do not apply to pipelines regulated under the Gas Safety Act 1997 (reg 20(6) and reg 23(2)). Licensees operating gas pipelines must determine which statutory scheme applies to avoid double reporting or mistaken application of these Regulations.

Mandatory incorporation of AS 2885 Standards

The Regulations make compliance with AS 2885.1,2012 and AS 2885.3,2012 mandatory for construction and operation (reg 22(1)-(2); Explanatory details). Those Standards are technical, and compliance is a legal obligation. Practitioners must ensure their technical documentation cites the correct edition and that any reference to later amendments is handled in accordance with the manner in which the Standards are incorporated (Explanatory details state they are applied “as published and amended from time to time”).

Documents and maps must be lodged with the Minister and Energy Safe Victoria

Post‑construction maps and alignment drawings must be lodged in both hard copy and electronic copy “as soon as practicable” (reg 11(1)(a)). The requirement for 2 hard copies and an electronic copy may create administrative bottlenecks if not anticipated in project close‑out procedures. The form and scale of maps are specified earlier for applications (reg 8(2): scale not less than 1:250 000); the as‑constructed map requirement does not explicitly restate scale but practical consistency will be expected.

Fee calculations require attention to fee unit conversions

Schedule 2 lists fees as fee unit amounts (with decimals). The Endnotes explain the conversion method and the value of a fee unit for fiscal years, which changes annually (Endnotes “Fee Units”). Practitioners who quote or budget dollar amounts must convert fee units using the current fee unit value and apply rounding rules. Relying on historical fee unit values in the Explanatory details without verifying current values will produce errors in cost estimates.

Decommissioning plan content and costs

Decommissioning plans must include detailed technical feasibility, safety and environmental impact assessments, rehabilitation and monitoring proposals, and details of consultation with affected landholders (reg 17(1)(a)-(k)). Those plans are a non‑trivial deliverable and attract fees in Table 4 of Schedule 2. The requirement to show how decommissioning will meet AS 2885.3,2012 methods (reg 17(1)(i)) links decommissioning liability to operational standards.

Permit to work and staffing systems

The Safety Management Plan must include permit‑to‑work systems with specified authorisation arrangements and competence requirements (reg 39(2)). Failing to have those operationalised can lead not only to non‑compliance with plan obligations but to safety incidents that will trigger the strict reporting regime.

Records, surveillance reports and audits

Licensees must keep and, on request, provide inspection reports maintained under AS 2885.3,2012 (reg 23(1)). The requirement to “keep a written report of each inspection” and to provide those reports on request creates an ongoing recordkeeping obligation that may be overlooked if inspection regimes are informal or not documented.

Consultation obligations and template notices

The Schedule 3 notice for route alterations contains suggested content that includes a statement that owners and occupiers may seek independent legal advice and departmental contact details (Schedule 3). Failure to follow recommended consultation templates may be criticised as deficient consultation if a decision is later challenged.

Infringement schedule cross‑references

Schedule 6 ties infringement penalties to particular sections of the Act. Practitioners must cross‑check the Act to understand the substantive conduct captured by those sections. Misreading the mapping will lead to underestimating exposure.

Nil fees in some places and non‑nil elsewhere

The Regulations prescribe nil for the licence fee (reg 12) and nil for daily or per‑page access to the Pipelines Register (reg 52). However, many other application types incur fees. Misunderstanding which items attract fees and which do not will cause budgeting errors.

These “gotchas” are concrete operational risks traceable to specific regulations. They create requirements for capacity planning, fast response capability for incidents, robust recordkeeping and clear budget lines for fees that are expressed in fee units rather than fixed dollars.

Compliance under these Regulations is documentary, process‑driven and technical. The following checklist and practical steps relate back to specific regulations and schedules and are designed for licensees, applicants and compliance officers to integrate into project and operations workflows.

Pre‑application and pre‑survey phase

Prepare and issue the notice of intention to enter land for survey using the prescribed content in reg 6. Ensure the notice includes the proponent’s name and address, owner/occupier names, Crown land particulars where applicable, survey details, intended use and the surveyor’s name and address (reg 6(a)-(g)). Maintain records of service dates because Schedule 1 notice lapses after 12 months unless extended (Schedule 1 Note 2).
Use the Schedule 1 template when issuing a notice of the pipeline corridor to owners and occupiers (reg 7; Schedule 1). Attach a plan showing the pipeline corridor.

Licence application preparation

Follow reg 8 precisely. Ensure your application:
- Includes ABN, business contact details and the name and contact person (reg 8(1)(a)(i)-(ii) and reg 10(a)-(b)).
- Specifies commencement and termination points, proposed route, length, and maximum allowable operating pressure (reg 8(1)(a)(iii)-(v)).
- Identifies construction start/completion dates and provides identification of environmental, social and safety impacts based on current and foreseeable land uses (reg 8(1)(a)(vi)-(vii)).
- Provides an outline of mitigation measures, details of alternative routes and comparative impact assessments consistent with AS 2885.1,2012 (reg 8(1)(a)(viii)-(x)).
- Supplies land ownership and title details and plans/design specifications (reg 8(1)(a)(xi)-(xii)).
- Is signed and accompanied by a map drawn to not less than 1:250 000 scale (reg 8(1)(b); reg 8(2)).
Budget for application fees listed in Schedule 2. Convert fee units to dollars using the current fee unit value under the Monetary Units Act 2004. Do not assume the fee unit value in the Endnotes remains current.

Safety, environment and operational planning before construction

Prepare a Safety Management Plan meeting Parts 6 Division 1 and 2 content requirements (regs 29-40). Key items to include:
- Performance standards describing responsibilities, timing and expected outcomes (reg 29).
- Contact details and responsible persons (reg 31).
- A description of the pipeline technical details sufficient to assess safety risks (reg 32).
- A safety assessment with methodology and identification of hazards and risk controls (reg 33).
- An emergency response plan describing potential emergencies and tested response arrangements, with testing on introduction and at least annually (reg 34(1)-(2)).
- A safety management system covering safety policy, organisational responsibilities, incident recording/investigation, staffing/permit to work and compliance management (regs 36-40).
- Records and reporting arrangements (regs 41-42).
Prepare an Environment Management Plan per Part 7 (regs 43-50) including:
- A description of pipeline operation and the existing environment (reg 44).
- Identification and assessment of environmental risks (reg 45).
- Environmental performance objectives and a list of environmental legislative requirements to be complied with (reg 46).
- A consultation report with relevant entities (reg 47).
- An implementation strategy with monitoring, auditing, emergency response arrangements and arrangements for consultation during the life of the pipeline (reg 48(1)-(8)).
- Appropriate records and reporting mechanisms (regs 49-50).
Ensure that all technical design and operation documents reference and comply with AS 2885.1,2012 and AS 2885.3,2012 as required by reg 22.

Construction and initial operation

On completion of construction, lodge with the Minister and Energy Safe Victoria:
- Two hard copies and an electronic copy of an as‑constructed map showing the route, commencement and termination points, and land details (reg 11(1)(a)(i-ii)).
- Two hard copies and an electronic copy of alignment drawings (reg 11(1)(a)(ii)).
Implement the Safety Management Plan and Environment Management Plan, ensuring:
- Permit‑to‑work systems are operational with authorised positions identified (reg 39(2)).
- Training is provided and competence documented for safety‑critical work (reg 39(1)(a)-(c)).
- Emergency response arrangements are tested on introduction, when significantly amended and at least annually (reg 34(2); reg 48(6)).
- Systems are in place to capture, analyse and retain operational, maintenance and integrity data as required by the compliance management provisions (reg 40).

Incident preparedness and reporting

Put in place incident notification and escalation procedures that meet the timing and content requirements of reg 20:
- Initial written notification within 2 hours of occurrence or awareness, including date, time, location, description, known/suspected cause and emergency service attendance details (reg 20(2)(a)-(b)(i-iv)).
- Capability to provide more detailed written reports within 7 days covering causes, corrective action, details of escape/ignition and repair methods for escapes/ignitions (reg 20(4)(a)-(e)).
- Maintain records of all reportable incidents (reg 20(5)).
Establish site controls to prevent interference with incident locations during investigations, and communicate exceptions for immediate assistance, recovery of bodies or protection of persons/property/environment (reg 21).

Ongoing operational compliance

Maintain inspection regimes under AS 2885.3,2012 and keep written reports of each inspection; be prepared to provide those reports to the Minister or Energy Safe Victoria on request (reg 23(1)(a)-(b)).
Ensure annual reporting obligations to the Minister and Energy Safe Victoria on environmental performance and pipeline safety/integrity are met within 90 days of the end of each financial year (reg 11(1)(b)-(c)).
Keep up to date on fee unit and penalty unit values to correctly calculate monetary exposures for fees and penalties.

Administrative steps and forms

Use Schedule 4 for licence consolidation applications (reg 15; Schedule 4).
Use Schedule 3 for notices concerning proposed authorised route alterations under s 68 of the Act (reg 14; Schedule 3).
Use Schedule 5 form when notifying the Registrar of Titles of an application for Ministerial consent to compulsorily acquire an easement (reg 18; Schedule 5). Pay the prescribed fee for lodging that notice (reg 19; Schedule 2 Table 2 Item 3).

Audit, record retention and review

Implement scheduled audits, management reviews and document control procedures required by the safety and environment plan compliance management provisions (reg 40(b)-(c); reg 48(4)).
Retain records of emergency response testing, incident records, inspection reports and annual reports in a retrievable format and ensure electronic and hard copies are stored where required by the Minister or Energy Safe Victoria (reg 11(1)(a); regs 41, 49).

Practical compliance checklist summary

Before survey: send reg 6 notice; send Schedule 1 corridor notice; keep proof of service.
Before application: prepare application consistent with reg 8 and map at scale ≥1:250 000; budget Schedule 2 fees.
Before construction: finalise Safety and Environment Management Plans per regs 29-50; ensure technical compliance with AS 2885 standards.
On construction completion: lodge maps and alignment drawings as required by reg 11 with Minister and Energy Safe Victoria.
Operational: implement permit to work; inspect, document and retain inspection reports; test emergency response arrangements at required intervals; report annually and on incidents within prescribed windows.
Administrative: maintain conversion calculations for fee units and penalty units; monitor for changes to the incorporated Standards; keep registers for records and reporting to the Minister/ESV.

Following these concrete steps, matched to the regulations cited above, converts the Regulations’ textual prescriptions into operational tasks and reduces the risk of administrative breach, fixed penalties or more serious enforcement action.

Pipelines Regulations 2017

Plain English Summary

Deep Dive

What it does

Current sections

Pipelines Regulations 2017

Source text: opening excerpt

1 Pipelines Regulations 2017

Main concepts

Who it affects

Key duties and rights

Penalties and enforcement

How it interacts with other laws

Amendment history

Litigation history

Gotchas

How to comply