95 Mitigation systems 93 96 Directions of Energy Safe Victoria 94 97 Costs in relation to mitigation systems 94 96 Division 1—General duty of major electricity companies 96 98 General duty of major electricity companies 96 Division 2—Mandatory electricity safety management schemes (major electricity companies) 97 99 Electricity safety management scheme 97 100 Validation of electricity safety management scheme for a supply network 98 101 Additional information 99 102 Acceptance of electricity safety management scheme 100 103 Provisional acceptance of electricity safety management scheme 100 104 Non-acceptance of electricity safety management scheme 101 105 Energy Safe Victoria may determine electricity safety management scheme 101 105A Bushfire mitigation parts of initial accepted ESMS lapse by certain date 102 106 Compliance with electricity safety management scheme 103 107 Revision of electricity safety management scheme—change 104 108 Revision of electricity safety management scheme—each 5 years 105 109 Energy Safe Victoria may request submission of a revised electricity safety management scheme 105 110 Offence to fail to submit revised electricity safety management scheme on request 106 111 Application of provisions to revised electricity safety management scheme 107 113 Compliance with electricity safety management scheme is a defence 107 Division 2A—Ongoing bushfire mitigation requirements for major electricity companies 108 113A Submission of bushfire mitigation plans for acceptance 108 113B Compliance with bushfire mitigation plan 109 113C Validation, acceptance, provisional acceptance and determination of bushfire mitigation plans 111 113D Accepted bushfire mitigation plan forms part of accepted ESMS 111 113E Duration of accepted bushfire mitigation plan 112 113F Inspection of overhead private electric lines 112
S. 3 def. of accepted ESMS inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)). accepted ESMS means— (a) an electricity safety management scheme that has been accepted or provisionally accepted under Division 2 or 3 of Part 10; or (b) if a revised electricity safety management scheme has been accepted or provisionally accepted under Division 2 or 3 of Part 10, that revised electricity safety management scheme— but does not include an electricity safety management scheme that has lapsed under Division 3 of Part 10; S. 3 def. of accepted ESMS operator inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)). accepted ESMS operator means— s. 3 (a) a major electricity company whose electricity safety management scheme has been accepted or provisionally accepted by Energy Safe Victoria under Division 2 of Part 10; or (b) a voluntary ESMS operator; S. 3 def. of bushfire mitigation plan inserted by No. 55/2010 s. 13(3). bushfire mitigation plan means a plan referred to in section 83BA(1) or 113A(1); business day means a day other than a Saturday or Sunday or a public holiday appointed under the Public Holidays Act 1993; cathodic protection system means a prescribed system designed to use direct electric current to protect metallic structures from corrosion;
S. 3 def. of Committee repealed by No. 55/2010 s. 37(1)(a). * * * * * connect, in relation to an electrical installation or electrical equipment, includes make capable of receiving an electric current; S. 3 def. of decision inserted by No. 24/2002 s. 3. decision for the purposes of Part 6 includes prohibition, requirement or direction; S. 3 def. of Director inserted by No. 39/2005 s. 44(1). Director means the Director of Energy Safety appointed under the Energy Safe Victoria Act 2005; S. 3 def. of distribution area amended by Nos 69/2000 s. 21(a), 55/2010 s. 13(1). distribution area means an area in which a distribution company under a distribution licence under the Electricity Industry Act 2000 is authorised to distribute electricity; s. 3 S. 3 def. of distribution company amended by No. 69/2000 s. 21(b). distribution company has the same meaning as in the Electricity Industry Act 2000; electric line means— (a) the whole or any part of a wire, cable or other thing used or to be used for the purpose of transmitting, distributing or supplying electricity; or (b) any thing enclosing or supporting such a wire, cable or other thing— but does not include a wire, cable or other thing directly used in converting electrical energy into another form of energy;
S. 3 def. of network operator amended by No. 61/2007 s. 12(1), repealed by No. 57/2009 s. 4(e). * * * * * occupier, in Part 8 or 11, in relation to land, means a person who is in actual occupation of the land or, if no-one is in actual occupation of the land, the owner of the land; S. 3 def. of Office repealed by No. 39/2005 s. 44(2). * * * * * S. 3 def. of officer amended by No. 44/2001 s. 3(Sch. item 36). officer, in relation to a corporation, has the same meaning as in section 9 of the Corporations Act; person, in Part 8, includes an unincorporated body or association and a partnership; point of supply— (a) in relation to a low voltage electric line, means— s. 3 (i) in the case of an underground line (unless subparagraph (iii) applies), the point at which that line crosses the boundary of the land; and (ii) in the case of an overhead line (unless subparagraph (iii) applies), the first point of connection of that line on the land, being either—
S. 7 substituted by No. 39/2005 s. 45. 7 Functions of Energy Safe s. 7 The functions of Energy Safe Victoria under this Act are— (a) to determine minimum safety standards for electrical equipment, electrical installations and electrical work; (b) to encourage and monitor the use of electricity safety management schemes; (c) to inspect and test electrical equipment, electrical installations and electrical work for compliance with the specified safety standards; (d) to administer the prescribed minimum standards for energy efficiency of electrical equipment; (e) to inspect and test electrical equipment for compliance with the specified minimum standards for energy efficiency; (f) to investigate events or incidents which have implications for electricity safety; S. 7(fa) inserted by No. 55/2010 s. 14(2). (fa) to regulate, monitor and enforce the prevention and mitigation of bushfires that arise out of incidents involving electric lines or electrical installations; (g) to provide advisory and consultative services in relation to electricity safety and electrical equipment, electrical installations and electrical work; (h) to advise the electricity industry and the community in relation to electricity safety; (i) to monitor and enforce compliance with this Act and the regulations;
this Part and approve the equipment subject to those modifications being made. S. 60(2) amended by No. 38/2000 s. 18(c). (2) A person to whom a notice is given under subsection (1) must not supply or offer to supply the prescribed electrical equipment unless it is modified in accordance with the requirement. In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. S. 61 substituted by No. 39/2005 s. 48(Sch. 1 item 5). 61 Approval of samples s. 61 The approval by Energy Safe Victoria of prescribed electrical equipment may be made by the approval of samples or specifications of the electrical equipment or by any other means which it considers appropriate. 62 Withdrawal of approval S. 62(1) amended by No. 39/2005 s. 48(Sch. 1 item 1). (1) Energy Safe may, by notice in writing given to the person to whom the approval was given, at any time withdraw any approval given under this Part. S. 62(2) amended by No. 39/2005 s. 48(Sch. 1 item 1). (2) Energy Safe must state the reasons for the withdrawal of approval. S. 62(3) amended by No. 39/2005 s. 48(Sch. 1 item 1). (3) Energy Safe must publish a notice of the withdrawal of an approval in the Government Gazette and in a newspaper circulating generally in the State. 63 Prohibition of supply of electrical equipment S. 63(1) amended by No. 39/2005 s. 48(Sch. 1 item 1). (1) Energy Safe Victoria, by notice published in the Government Gazette and in a newspaper circulating generally in the State, may prohibit the supply of specified electrical equipment or electrical equipment of a specified class from the
Pt 7 (Heading) inserted by No. 57/2009 s. 9. S. 75 amended by No. 61/2007 s. 12(3), substituted by No. 57/2009 s. 10. 75 General duties of owners or operators of complex electrical installations and railways s. 75 (1) An owner or operator of a complex electrical installation must take reasonable care to ensure that all parts of the complex electrical installation that it owns or operates— (a) are designed, constructed, operated, maintained and decommissioned in accordance with the regulations; and (b) are safe and operated safely. 1500 penalty units. (2) An owner or operator of a railway must take reasonable care to ensure that all parts of the supply network of the railway that it owns or operates— (a) are designed, constructed, operated, maintained and decommissioned in accordance with the regulations; and (b) are safe and operated safely. 1500 penalty units. 76 Underground electric lines S. 76(1) amended by No. 61/2007 s. 12(3). (1) A person who controls an underground electric line on public land (other than an electric line forming part of a railway)— (a) must maintain a record of that underground electric line; and (b) before the line is connected to an electricity supply or within 2 business days after relocating the line, give sufficient
(5) In this section, responsible person means a person referred to in section 84(4), (5), (6) or (7). Pt 8 Div. 5 (Heading and ss 90C–90E) inserted by No. 59/2011 s. 15. Division 5—Compliance audits in relation to compliance with the management plan S. 90C substituted by No. 59/2011 s. 15. 90C Application s. 90C (1) This Division applies to a responsible person who is required by the regulations to prepare a management plan relating to compliance with the Code. (2) In subsection (1) responsible person means a person referred to in section 84(4), (5), (6) or (7). S. 90D inserted by No. 59/2011 s. 15. 90D Compliance audits for management plans—Energy Safe Victoria Energy Safe Victoria may conduct, or cause to be conducted, an audit to determine whether or not a responsible person is satisfactorily complying with the management plan. S. 90E inserted by No. 59/2011 s. 15. 90E Compliance audits for management audits s. 90E (1) Energy Safe Victoria may require a responsible person— (a) to obtain, at the intervals determined by Energy Safe Victoria, independent audits of the person's compliance with the management plan; and
(b) in accordance with the regulations, specify the safety management system being followed or to be followed by the major electricity company— (i) to comply with the major electricity company's duties under Division 1; and (ii) in relation to any other matters relating to the safe design, construction, operation, maintenance and decommissioning of the supply network that are prescribed. S. 99(2A) inserted by No. 55/2010 s. 25, amended by No. 59/2011 s. 5. (2A) Without limiting subsection (2)(b), an electricity safety management scheme must include a plan for the mitigation of bushfire danger in relation to the major electricity company's supply network. (3) The electricity safety management scheme for a supply network which is in operation immediately before the commencement of this section must be submitted within 12 months after that commencement. (4) The electricity safety management scheme for any other supply network must be submitted to Energy Safe Victoria before the major electricity company commences to commission, or operate, that supply network. (5) An electricity safety management scheme may apply to more than one supply network. (6) An electricity safety management scheme that is submitted under this section must be accompanied by the prescribed fee. S. 100 substituted by No. 61/2007 s. 7. 100 Validation of electricity safety management scheme for a supply network s. 100 (1) If an electricity safety management scheme has been submitted for a supply network, Energy Safe
S. 141(2)(a) amended by No. 39/2005 s. 48(Sch. 1 item 16). (a) to cease to use particular electrical equipment or a class of electrical equipment until the Director considers that it is safe to use; or S. 141(2)(b) amended by Nos 36/1999 s. 21, 39/2005 s. 48(Sch. 1 item 16). (b) to cease a particular electrical work practice or class of electrical work practice until the Director considers that it is safe; or S. 141(2)(c) inserted by No. 36/1999 s. 21. (c) to make safe an electrical installation or particular electrical equipment; or S. 141(2)(d) inserted by No. 36/1999 s. 21, amended by No. 55/2010 s. 32(1). (d) to do any other thing necessary to make an unsafe electrical situation safe; or S. 141(2)(e) inserted by No. 55/2010 s. 32(2). (e) to do any other thing necessary to prevent an unsafe electrical situation from arising. S. 141(3) amended by No. 69/2000 s. 29. (3) In this section, relevant person means an electricity supplier, the holder of a licence under the Electricity Industry Act 2000 to supply or sell electricity, or any other person supplying electricity. (4) A person must comply with a direction under this section that applies to the person. In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units.
(i) the duties of responsible persons; (ii) the standards and practices to be adopted and observed in tree pruning or clearing in the vicinity of electric lines; (iii) management procedures to minimise danger of electric lines causing fire or electrocution; (iv) any other matters for or with respect to the maintenance of electric lines; S. 151(d) inserted by No. 89/1998 s. 26, amended by Nos 39/2005 s. 48(Sch. 1 item 2), 55/2010 s. 35(1). (d) requiring responsible persons to prepare and submit to Energy Safe Victoria for approval management plans relating to compliance with the Code and requiring compliance with an approved management plan; s. 151 S. 151(e) inserted by No. 55/2010 s. 35(2). (e) the standards and practices to be adopted and observed in relation to— (i) tree planting, pruning or clearing in the immediate area around electric lines; (ii) species of tree or classes of tree that may remain or be planted in the immediate area around electric lines; (iii) species of tree or classes of tree that must be cleared from the immediate area around electric lines; (iv) the management of trees in the immediate area around electric lines. S. 151A inserted by No. 55/2010 s. 36. 151A Bushfire mitigation The Governor in Council may make regulations for or with respect to— (a) the prevention of bushfires arising from electric lines or electrical installations;
(h) the certification of electrical installation work; S. 152(ha) inserted by No. 89/1998 s. 27, amended by No. 39/2005 s. 48(Sch. 1 item 2). (ha) the notification (including electronic notification) to be given to Energy Safe Victoria of completion of certificates of compliance under section 44 or certificates of inspection under section 45 or any classes of those certificates; S. 152(i) amended by No. 39/2005 s. 48(Sch. 1 item 2). (i) reasonable fees to be charged by Energy Safe Victoria for the inspection and testing of electrical installations and electrical installation work; (j) reasonable fees to be charged for the certification of electrical installation work. 153 Equipment safety The Governor in Council may make regulations for or with respect to— (a) standards of safety for electrical equipment; S. 153(b) amended by Nos 89/1998 s. 28(1), 39/2005 s. 48(Sch. 1 item 2). (b) the examination, inspection and testing of electrical equipment, including the provision of samples of equipment to Energy Safe Victoria for testing and the disposal of those samples; s. 153 S. 153(c) amended by No. 59/2008 s. 41(3). (c) the approval of prescribed electrical equipment and the certification of compliance of electrical equipment including— S. 153(c)(i) amended by No. 59/2008 s. 41(4). (i) applications for certificates of approval or compliance and the information to accompany the applications; S. 153(c)(ii) amended by No. 59/2008 s. 41(4). (ii) the issuing of certificates of approval or compliance;
S. 153(c)(iii) amended by No. 59/2008 s. 41(4). (iii) conditions on certificates of approval or compliance; S. 153(c)(iv) amended by No. 59/2008 s. 41(4). (iv) the modification of certificates of approval or compliance; S. 153(c)(v) amended by No. 59/2008 s. 41(5). (v) the refusal and withdrawal of approval; s. 153 S. 153(c)(vi) substituted by No. 59/2008 s. 41(6). (vi) the renewal, transfer and duration of certificates of approval or compliance; S. 153(c)(vii) amended by No. 59/2008 s. 41(4). (vii) the keeping of registers of certificates of approval or compliance and certificate holders; (d) the marking and labelling of prescribed electrical equipment; S. 153(e) amended by No. 89/1998 s. 28(2)(a). (e) reasonable fees and charges to be charged for or for the recovery of reasonable costs for— S. 153(e)(i) substituted by No. 89/1998 s. 28(2)(b), amended by No. 59/2008 s. 41(7). (i) testing and examination in connection with the approval of prescribed electrical equipment and the certification of compliance of electrical equipment; S. 153(e)(ii) substituted by No. 89/1998 s. 28(2)(b), amended by No. 59/2008 s. 41(7). (ii) preparation of reports in connection with the approval of prescribed electrical equipment and the certification of compliance of electrical equipment; S. 153(e)(iii) substituted by No. 59/2008 s. 41(8). (iii) applications for certificates of approval or compliance, or the renewal,
(e) grades and standards of qualification and competence of electrical workers and their duties; S. 156(f) amended by No. 69/2000 s. 30(b). (f) the examination, assessment, grading and licensing of electrical workers and applications for and the issue and variation of licences, including the conditions and restrictions to which licences are subject; (g) the expiry, renewal, cancellation and suspension of licences; (h) prescribing forms of licences; (i) prescribing periodic or other tests of the competence of electrical workers for carrying out electrical work; S. 156(j) amended by No. 69/2000 s. 30(c). (j) reasonable fees to be paid for applications for licences and any assessment or any theoretical or practical examination in electrical work and refunds of fees. 157 General regulation making powers s. 157 (1) The Governor in Council may make regulations for or with respect to— S. 157(1)(a) amended by Nos 38/2000 s. 21(c), 39/2005 s. 48(Sch. 1 item 2). (a) fixing fees and charges, including maximum or minimum fees and charges, for or with respect to any function or service carried out by Energy Safe Victoria; S. 157(1)(b) amended by Nos 89/1998 s. 30(1), 39/2005 s. 48(Sch. 1 item 2). (b) empowering Energy Safe Victoria to waive or rebate the payment of a fee or charge in specified circumstances or to refund amounts paid to Energy Safe Victoria in specified circumstances; S. 157(1)(c) repealed by No. 24/2002 s. 8. * * * * *
(i) as formulated, issued, prescribed or published at the time the regulation is made or at any time before the regulation is made; or S. 157(2)(c)(ii) amended by No. 59/2008 s. 42. (ii) as published or amended from time to time; (d) so as to confer a discretionary authority on or leave any matter to be determined by a specified person or body; S. 157(2)(e) amended by No. 39/2005 s. 48(Sch. 1 item 2). (e) so as to empower Energy Safe Victoria to exempt any person, electrical work or electrical equipment from all or any of the requirements of the regulations subject to conditions (if any) specified by Energy Safe Victoria. (3) The regulations may impose a penalty not exceeding 20 penalty units for a breach of a regulation. 158 Disallowance of regulations s. 158 The regulations are subject to disallowance by a House of the Parliament. _______________ S. 159 repealed by No. 39/2005 s. 47. * * * * * s. 160 160 Transitional provisions—electrical contractors and mechanics (1) Any person who was registered as an electrical contractor under Part V of the State Electricity
Amendment Act 2007)—an electricity safety management scheme accepted by Energy Safe Victoria under section 115; s. 165 (d) if the accepted safety management scheme is in respect of the design, construction, operation and maintenance of an upstream network of a network operator that is not a major electricity company—an electricity safety management scheme accepted by Energy Safe Victoria under section 116. S. 165 repealed by No. 24/2002 s. 10, new s. 165 inserted by No. 57/2009 s. 43. 165 Savings provision—proclaimed electrical equipment On the day section 7 of the Energy and Resources Legislation Amendment Act 2009 comes into operation, electrical equipment that was proclaimed electrical equipment immediately before the repeal of section 67 by section 6 of that Act is taken to be energy efficiency electrical equipment for the purposes of Part 5. S. 166 repealed by No. 24/2002 s. 10, new s. 166 inserted by No. 59/2011 s. 23. 166 Transitional provision—Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 (1) In this section— commencement day means the day on which section 18 of the Energy Legislation Amendment (Bushfire Mitigation and Other Matters) Act 2011 comes into operation. (2) In any proceeding commenced on or after the commencement day, section 130(2) as in force immediately before that commencement day continues to apply in respect of an entry and search conducted under section 129 before that commencement day.