Division 5—Compliance audits in relation to compliance with the management plan 89 90C Application 89 90D Compliance audits for management plans—Energy Safe Victoria 89 90E Compliance audits for management plans—independent audits 89 91 91 Victorian Electrolysis Committee 91 92 Functions of the Committee 93 93 Operation of cathodic protection systems 93 93A Evidentiary provision—operation of cathodic protection systems 94 94 Railway operator—duty in relation to stray electrical current leakage 95 95 Mitigation systems 95 96 Directions of Energy Safe Victoria 96 97 Costs in relation to mitigation systems 96 98 Division 1—General duty of major electricity companies 98 98 General duty of major electricity companies 98 Division 2—Mandatory electricity safety management schemes (major electricity companies) 99 99 Electricity safety management scheme 99 100 Validation of electricity safety management scheme for a supply network 100 101 Additional information 101 102 Acceptance of electricity safety management scheme 102 103 Provisional acceptance of electricity safety management scheme 102 104 Non-acceptance of electricity safety management scheme 103 105 Energy Safe Victoria may determine electricity safety management scheme 103 106 Compliance with electricity safety management scheme 105 107 Revision of electricity safety management scheme—change 106 108 Revision of electricity safety management scheme—each 5 years 107 109 Energy Safe Victoria may request submission of a revised electricity safety management scheme 107 110 Offence to fail to submit revised electricity safety management scheme on request 108
(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; electrical connection work means connecting or disconnecting electrical equipment to or from a supply of electricity; s. 3 electrical contracting means contracting or undertaking to carry out electrical installation work; electrical contractor means a person who carries out electrical contracting; electrical equipment means any appliance, wire, fitting, cable, conduit or apparatus that generates, uses, conveys or controls (or that is intended to generate, use, convey or control) electricity; electrical equipment work means repair, alteration or maintenance of electrical equipment; electrical inspection work means testing, inspection or certification of electrical equipment; S. 3 def. of electrical installation amended by No. 57/2009 s. 4(b). electrical installation means electrical equipment that is fixed or to be fixed in, on, under or over any land but does not include a supply network that is owned or operated by a major electricity company; electrical installation work means installation, alteration, repair or maintenance of an electrical installation;
(c) the Country Fire Authority, if the area is within the country area of Victoria within the meaning of the Country Fire Authority Act 1958; S. 3 def. of hazardous bushfire risk area inserted by No. 55/2010 s. 13(3). hazardous bushfire risk area means an area— (a) to which a fire authority has assigned a fire hazard rating of "high" under section 80, whether or not the area is an urban area; or (b) that is not an urban area (other than an area a fire control authority has assigned a fire hazard rating of "low" under section 80); s. 3 high voltage electric line means an electric line other than a low voltage electric line; install includes lay and place; low voltage electric line means an electric line which is ordinarily operated at a voltage not exceeding the voltage prescribed for the purposes of this definition; maintenance, in Part 8, in relation to an electric line or a private electric line, includes the keeping of the whole or any part of a tree clear of the line; S. 3 def. of major electricity company inserted by No. 57/2009 s. 4(a). major electricity company means— (a) a distribution company; or (b) a transmission company— but does not include a distribution company or a transmission company, or a class of distribution company or transmission company, declared under section 3A not to be a major electricity company;
S. 3 def. of supply network amended by No. 57/2009 s. 4(d). supply network means a network consisting of electric lines, substations, circuits and any other thing required for the purposes of the transmission, distribution or supply of electricity; S. 3 def. of transmission company inserted by No. 61/2007 s. 4(1) (as amended by No. 57/2009 s. 13(1)). transmission company has the same meaning as in the Electricity Industry Act 2000; S. 3 def. of tree inserted by No. 38/2000 s. 15. tree includes vegetation; S. 3 def. of Tribunal inserted by No. 24/2002 s. 3. Tribunal means the Victorian Civil and Administrative Tribunal established by the Victorian Civil and Administrative Tribunal Act 1998; S. 3 def. of upstream network repealed by No. 57/2009 s. 4(f). * * * * * S. 3 def. of urban area amended by Nos 40/2003 s. 26, 2/2014 s. 4(d). urban area, in Part 8, means an area of land that is predominantly— (a) subdivided into allotments or lots each of which, in the case of land used or to be used for residential purposes, is not greater than 0·1 hectares; and s. 3 (b) able to be used or developed under a planning scheme for residential, industrial or commercial purposes; and (c) provided with constructed streets and services; and
(2) The occupier of any premises in which there is any unsafe electrical equipment must— (a) cause the electrical equipment to be removed from the premises or to be made safe; or (b) in the case of electrical equipment forming part of an electrical installation, notify the owner of the premises of the unsafe electrical installation. 40 penalty units. (3) An owner of premises who is notified under subsection (2) must cause the electrical installation to be removed from the premises or to be made safe. In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units. (4) A person carrying out electrical installation work must ensure that— (a) all electrical circuits or electrical equipment handled in the course of that work are disconnected from the electricity supply; or (b) adequate precautions are taken to prevent electric shock or other injury in the handling of electrical circuits or electrical equipment in the course of that work. 40 penalty units. S. 43A inserted by No. 59/2011 s. 13. 43A Safety of electrical installations—building work s. 43A (1) A person must not carry out building work at a premises which the person knows or should reasonably be expected to know will make—
(v) the Roads Corporation, for the purposes of its functions or powers under any Act; or S. 46(1)(a)(vi) amended by No. 2/2014 s. 5. (vi) a Council for the purposes of its functions or powers under any Act; or S. 46(1)(a)(vii) amended by No. 39/2005 s. 48(Sch. 1 item 2). (vii) Energy Safe , for the purposes of its functions or powers under any Act; or (b) the electric line is installed for the purpose of conveying electricity supplied by a person referred to in paragraph (a)(i) or (ii) from a common metering point or distribution point to lots on a plan of subdivision under the Subdivision Act 1988 or to parts of any premises which are separately occupied; or s. 46 (c) the installation of the electric line is the subject of an exemption under this Division. In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. S. 46(2) repealed by No. 69/2000 s. 24(2). * * * * * S. 46(3) amended by No. 89/1998 s. 12. (3) The owner of an electric line installed in contravention of this section must ensure that the electric line is not at any time connected to a supply network. In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units.
S. 55(a) amended by Nos 38/2000 s. 24(c), 39/2005 s. 48(Sch. 1 item 3(b)). (a) may determine whether, in its opinion, electrical equipment complies with the minimum standards prescribed for equipment of that class; and (b) if it determines that the equipment does so comply, may issue a certificate to this effect. S. 56 amended by No. 39/2005 s. 48(Sch. 1 items 1, 2, 4), repealed by No. 59/2008 s. 41(2). * * * * * 57 Prescribed electrical equipment S. 57(1) amended by No. 39/2005 s. 48(Sch. 1 item 1). (1) Energy Safe , by notice published in the Government Gazette, may declare that any class, description or type of electrical equipment is, from a date specified in the notice, prescribed electrical equipment for the purposes of this Act. S. 57(2) amended by No. 38/2000 s. 18(b). (2) A person must not supply or offer to supply electrical equipment prescribed under subsection (1) unless the equipment— S. 57(2)(a) amended by No. 39/2005 s. 48(Sch. 1 item 2). (a) is approved by Energy Safe Victoria and is marked as prescribed; or (b) is approved by a prescribed authority or, under the regulations, is deemed to be approved; or (c) is certified in accordance with a prescribed method or prescribed process. In the case of a natural person, 40 penalty units; In the case of a body corporate, 200 penalty units.
(e) a decision under the regulations under Part 5— S. 69(2)(e)(i) amended by No. 57/2009 s. 8(1). (i) to refuse to register energy efficiency electrical equipment; or S. 69(2)(e)(ii) amended by No. 57/2009 s. 8(2). (ii) to cancel the registration of energy efficiency electrical equipment; or S. 69(2)(f) inserted by No. 57/2009 s. 8(3). (f) a decision under section 68A— (i) to exempt energy efficiency electrical equipment from the regulations; or (ii) to revoke an exemption. S. 69(2A) inserted by No. 61/2007 s. 15(1). (2A) A person to whom a rectification notice is given may apply to the Tribunal for review of either or both of the following— s. 69 (a) the decision to give the notice; (b) any requirement contained in the notice. (3) A person to whom a direction is given under section 141 may apply to the Tribunal for review of the direction if compliance with it— (a) would impose a significant financial burden on the person; (b) would prevent the person from complying with any obligations under a licence issued under Part 2 of the Electricity Industry Act 2000. (4) A person to whom an improvement notice is issued under Part 12 may apply to the Tribunal for review of either or both of the following— (a) the decision to issue the notice; (b) any requirement contained in the notice.
(3) A distribution company must ensure that the register kept under this section is available for inspection by the public during normal business hours. 50 penalty units. 78 Protection of underground electric lines s. 78 A person must not make any opening in the ground above an underground electric line so as to endanger the electric line unless authorised to do so by the person who controls that electric line. In the case of a natural person, 20 penalty units; In the case of a body corporate, 100 penalty units. _______________ Pt 8 (Heading) amended by No. 55/2010 s. 16. Division 1—General 79 Urban area s. 79 The Minister, by notice published in the Government Gazette, may specify an area as an urban area for the purposes of this Part, if the Minister has obtained the agreement of— (a) the fire control authority; and (b) any person responsible for the management of public land in the area. 80 Fire hazard rating A fire control authority—
administering the Dairy Industry Act 1992; and (iii) a person representing the interests of Local Government; and S. 87(5)(f)(iv) amended by No. 55/2010 s. 21(2). (iv) a person with environmental or planning expertise nominated by the Minister administering the Planning and Environment Act 1987; and S. 87(5)(g) inserted by No. 55/2010 s. 21(3). (g) an officer or employee of Energy Safe Victoria nominated by the Minister administering the Energy Safe Victoria Act 2005. (6) The Minister must determine the remuneration (if any) and the travelling and other allowances of members and any other terms and conditions of appointment of members. (7) If the chairperson is not present at the time fixed for the commencement of a meeting of the committee, the members present must elect one of their number as acting chairperson to preside at that meeting. S. 87(8) amended by No. 38/2000 s. 24(f). (8) The Electric Line Clearance Consultative Committee is the same body as the Powerline Clearance Consultative Committee existing under the State Electricity Commission Act 1958 immediately before the commencement of this section despite any change in its membership. 88 Functions of the Committee The Electric Line Clearance Consultative Committee must— s. 88 S. 88(a) amended by No. 39/2005 s. 48(Sch. 1 item 2). (a) provide advice to Energy Safe Victoria with regard to the preparation and maintenance of the Code;
S. 90B substituted by No. 59/2011 s. 15. 90B Compliance audits in relation to compliance with Code—independent audits (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 Code; and (b) to forward a copy of each audit report to Energy Safe Victoria within a time specified by Energy Safe Victoria. (2) The responsible person must establish to the satisfaction of Energy Safe Victoria that each person undertaking an audit under this section has the necessary competence and ability and access to information on the operations of the responsible person to enable an independent audit to be carried out. (3) If Energy Safe Victoria requires a responsible person to obtain an independent audit under this section, the costs of that audit must be borne by the responsible person. (4) A responsible person must comply with a requirement of Energy Safe Victoria under this section. Penalty: 200 penalty units. S. 90B(5) amended by No. 2/2014 s. 8(4). (5) In this section, responsible person means a person referred to in section 84, 84C or 84D. 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. 94 (Heading) inserted by No. 61/2007 s. 12(4)(a). S. 94 amended by No. 61/2007 s. 12(4)(b)(c). 94 Railway operator—duty in relation to stray electrical current leakage s. 94 A person who is the operator of a railway must ensure that that railway is designed, installed, operated and maintained in such a manner as to minimise the risks to safety of any person and the risks of damage to property arising from the leakage of stray electrical currents from that railway. In the case of a natural person, 200 penalty units; In the case of a body corporate, 1000 penalty units. 95 Mitigation systems S. 95(1) amended by No. 39/2005 s. 48(Sch. 1 item 2). (1) If, in the opinion of Energy Safe Victoria, a system is required to be installed to mitigate the effects of stray current corrosion, Energy Safe Victoria may, by notice in writing, direct any person whose assets are the cause of or are affected by the stray current corrosion to take action to install, operate and maintain a mitigation system in the manner specified in the direction and in accordance with the regulations. A person to whom a notice is given under this section must comply with the directions in the notice. In the case of a natural person, 200 penalty units;
Pt 10 (Headings and ss 98–120) amended by Nos 89/1998 ss 15–21, 38/2000 s. 20, 13/2001 s. 12, 25/2004 s. 22, 33/2005 s. 3(2), 39/2005 s. 48(Sch. 1 items 1, 2, 10–12), 29/2006 s. 3(Sch. 1 item 10), substituted as Pt 10 (Headings and ss by No. 61/2007 s. 7 (as amended by Nos 25/2008 s. 20, 57/2009 s. 16). Pt 10 Div. 1AA (Heading and s. 98AA) inserted by No. 55/2010 s. 23, repealed by No. 59/2011 s. 3. * * * * * Division 1—General duty of major electricity companies S. 98 substituted by No. 61/2007 s. 7. 98 General duty of major electricity companies s. 98 A major electricity company must design, construct, operate, maintain and decommission its supply network to minimise as far as practicable— (a) the hazards and risks to the safety of any person arising from the supply network; and
S. 98(b) amended by No. 55/2010 s. 24(1). (b) the hazards and risks of damage to the property of any person arising from the supply network; and S. 98(c) inserted by No. 55/2010 s. 24(2), substituted by No. 59/2011 s. 4. (c) the bushfire danger arising from the supply network. In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. Division 2—Mandatory electricity safety management schemes (major electricity companies) S. 99 substituted by No. 61/2007 s. 7. 99 Electricity safety management scheme s. 99 (1) A major electricity company must submit an electricity safety management scheme to Energy Safe Victoria for each of its supply networks in accordance with this section. In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (2) An electricity safety management scheme for a supply network must— (a) be in writing; 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
(4) An accepted ESMS operator must comply with a requirement of Energy Safe Victoria under this section. 200 penalty units. S. 120I inserted by No. 61/2007 s. 7 (as amended by No. 57/2009 s. 16(13)). 120I Compliance audits—Energy Safe s. 120I Energy Safe Victoria may conduct, or cause to be conducted, an audit, to determine whether or not an accepted ESMS operator is satisfactorily complying with the accepted ESMS that applies to, as the case requires— (a) the electrical work carried out by electrical workers employed or engaged by that operator; or S. 120I(b) substituted by No. 55/2010 s. 30, amended by No. 59/2011 s. 12. (b) the operator's supply network or complex electrical installation. S. 120J inserted by No. 61/2007 s. 7. 120J Annual fees An accepted ESMS operator must pay the relevant prescribed annual administration fee in accordance with the regulations. Division 1—Appointment of enforcement officers s. 121 121 Enforcement officers S. 121(1) amended by Nos 36/1999 s. 20(1)(3), 69/2000 s. 28(1), 39/2005 s. 48(Sch. 1 items 1, 2, 13). (1) Energy Safe may appoint the Director or an employee of Energy Safe Victoria or an agent or contractor of Energy Safe Victoria to be an enforcement officer for the purpose of this Act and the Electricity Industry Act 2000.
S. 138 amended by Nos 36/1999 s. 20(5), 69/2000 s. 28(2). 138 Offence to obstruct enforcement officer A person must not without reasonable excuse obstruct or hinder an enforcement officer exercising functions under this Act or the Electricity Industry Act 2000. 300 penalty units. S. 139 amended by Nos 36/1999 s. 20(6), 69/2000 s. 28(2), 37/2014 s. 10(Sch. items 51) (ILA s. 39B(1)). 139 Police to assist enforcement officers s. 136 (1) An enforcement officer may request the assistance of a police officer and a police officer may assist an enforcement officer to take any action authorised by this Part or the Electricity Industry Act 2000. S. 139(2) inserted by No. 37/2014 s. 10(Sch. item 51.2). (2) In this section— police officer has the same meaning as in the Victoria Police Act 2013. 140 Impersonation of enforcement officer A person must not impersonate an enforcement officer. 100 penalty units. s. 140 _______________ Pt 11A (Heading and ss inserted by No. 89/1998 s. 22.
of the maximum monetary penalty fixed by that provision. Ss 140E–140J inserted by No. 89/1998 s. 22, repealed by No. 32/2006 s. 94(Sch. item 14(2)). * * * * * s. 140D _______________ Division 1—Directions S. 141 (Heading) inserted by No. 39/2005 s. 48(Sch. 1 item 15). 141 Director may give directions S. 141(1) amended by No. 39/2005 s. 48(Sch. 1 item 16). (1) If the Director considers that it is necessary to do so for safety reasons, the Director may, in writing, direct a relevant person— s. 141 (a) to disconnect the supply of electricity to an electrical installation, or part of an electrical installation; and S. 141(1)(b) amended by No. 39/2005 s. 48(Sch. 1 item 16). (b) to keep that supply disconnected until the Director considers that it is safe to reconnect the supply. S. 141(2) amended by No. 39/2005 s. 48(Sch. 1 item 16). (2) If the Director is satisfied that it is necessary to do so for safety reasons, the Director may, in writing, direct a person—
(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;
such matters or things as are necessary or expedient to be prescribed with respect to all or any of the following matters— (i) return conductors; S. 155(1)(g)(ii) amended by No. 61/2007 s. 12(5). (ii) the structure and method of construction of railways and the method of generation, distribution and use of the electrical current; s. 156 S. 155(1)(g)(iii) amended by Nos 39/2005 s. 48(Sch. 1 item 2), 61/2007 s. 12(6). (iii) the making and recording of electric tests whether by the operator of a railway or Energy Safe Victoria. 156 Electrical contractors and electrical workers The Governor in Council may make regulations for or with respect to— S. 156(a) substituted by No. 69/2000 s. 30(a). (a) the qualifications (including courses of training and examination, re-examination, assessment and re-assessment) required for registration of electrical contractors or any class of electrical contractors; (b) the registration of electrical contractors including the conditions under which registration will be granted; (c) reasonable fees to be paid— (i) for the registration of electrical contractors; (ii) for the renewal of registrations; (d) the suspension or cancellation of the registration of any electrical contractor and the restoration of the registration of any electrical contractor whose registration has been suspended or cancelled.
Ss 167–170 repealed by No. 24/2002 s. 10. * * * * * s. 166 __________________ Sch. 1 amended by Nos 46/1998 s. 7(Sch. 1), 38/2000 s. 23, substituted by No. 24/2002 s. 11. SCHEDULE 1 Sch. 1 1 Definitions In this Schedule— Board means Electrical Appeals Board established under the Electricity Safety Act 1998 as in force prior to the commencement day; commencement day means the day on which section 9 of the Energy Legislation (Further Miscellaneous Amendments) Act 2002 comes into operation; VCAT Act means the Victorian Civil and Administrative Tribunal Act 1998. 2 Abolition of the Electrical Appeals Board (1) On the commencement day, the Electrical Appeals Board is abolished and its members go out of office. (2) On and from the commencement day, a reference to the Board in any Act or subordinate instrument (other than this Schedule) or in any other document, so far as it relates to any period after that day and unless the context otherwise requires, must be construed as a reference to the Tribunal. (3) Subclause (1) does not affect any other provision of this Schedule—
Assent Date: 21.6.05 Commencement Date: S. 3 on 22.6.05: s. 2 : This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Safe Victoria Act 2005, No. 39/2005 Assent Date: 27.7.05 Commencement Date: Ss 44–48, Sch. 1 on 10.8.05: Special Gazette (No. 147) 9.8.05 p. 1 : This information relates only to the provision/s amending the Electricity Safety Act 1998 Education and Training Reform Act 2006, No. 24/2006 Assent Date: 16.5.06 Commencement Date: S. 6.1.2(Sch. 7 item 15) on 1.7.07: Government Gazette 28.6.07 p. 1304 : This information relates only to the provision/s amending the Electricity Safety Act 1998 Statute Law (Further Revision) Act 2006, No. 29/2006 Assent Date: 6.6.06 Commencement Date: S. 3(Sch. 1 item 10) on 10.8.05: s. 2(2)(e) : This information relates only to the provision/s amending the Electricity Safety Act 1998 Infringements (Consequential and Other Amendments) Act 2006, No. 32/2006 Assent Date: 13.6.06 Commencement Date: S. 94(Sch. item 14) on 1.7.06: Government Gazette 29.6.06 p. 1315 : This information relates only to the provision/s amending the Electricity Safety Act 1998 Electricity Safety Amendment Act 2007, No. 61/2007 (as amended by Nos 25/2008, 57/2009) Assent Date: 4.12.07 Commencement Date: Ss 12–16 on 5.12.07: s. 2(1), ss 4(1)(3), 5, 7–11 on 13.12.09: Government Gazette 10.12.09 p. 3215; s. 4(2) never proclaimed, repealed by No. 57/2009 s. 13(2); s. 6 never proclaimed, repealed by No. 57/2009 s. 15 : This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy and Resources Legislation Amendment Act 2008, No. 25/2008