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— (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 certificate of compliance inserted by No. 61/2007 s. 13(1). certificate of compliance means a certificate of compliance completed under section 44 for electrical installation work carried out by a licensed electrical installation worker; S. 3 def. of certificate of inspection inserted by No. 61/2007 s. 13(1). certificate of inspection means a certificate of inspection of electrical installation work carried out by a licensed electrical inspector under section 45; Code means the Code of Practice for Electric Line Clearance prescribed for the purpose of Part 8; S. 3 new def. of Committee inserted by No. 55/2010 s. 37(1)(b), amended by No. 46/2014 s. 8. Committee means— * * * * * (b) in Part 8, the Electric Line Clearance Consultative Committee; (c) in Part 9, the Victorian Electrolysis Committee; company assets means property of an electricity supplier, being the whole or part of any pole, cable, conduit, conductor, device, appliance or other thing used for or in connection with a private electric line; S. 3 def. of complex electrical installation inserted by No. 57/2009 s. 4(a). complex electrical installation means an electrical installation that— (a) has an installed generation capacity of equal to or greater than 1000 kVA; or (b) is an electric line that is on land that is not owned or leased by the owner or operator of the electric line;
(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; 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;
electrical installation worker means a person who carries out electrical installation work; electrical work means electrical connection work, electrical equipment work, electrical inspection work or electrical installation work; electrical worker means a person who carries out electrical work; electricity supplier means a person who supplies electricity to another person; S. 3 def. of energy efficiency electrical equipment inserted by No. 57/2009 s. 4(a). energy efficiency electrical equipment means electrical equipment that is prescribed as energy efficiency electrical equipment for the purposes of Part 5; S. 3 def. of Energy Safe Victoria inserted by No. 39/2005 s. 44(1). Energy Safe Victoria means Energy Safe Victoria established under the Energy Safe Victoria Act 2005; enforcement officer means a person appointed as an enforcement officer under Part 11; fire control authority, in relation to an area of land, means— (a) the Metropolitan Fire and Emergency Services Board, if the area is within the metropolitan fire district within the meaning of the Metropolitan Fire Brigades Act 1958; or (b) the Secretary to the Department of Natural Resources and Environment, if the area is within a fire protected area within the meaning of the Forests Act 1958; or
connection with the carrying out of electrical work; or (f) has engaged in fraudulent conduct in the carrying out of electrical work. S. 41(2) amended by No. 39/2005 s. 48(Sch. 1 item 2). (2) If, after an inquiry into the conduct of a licensed electrical worker and giving the electrical worker the opportunity to be heard, Energy Safe Victoria is satisfied that proper cause exists for taking disciplinary action against the licensed electrical worker, Energy Safe Victoria may do one or more of the following— S. 41(2)(a) repealed by No. 25/2008 s. 4. * * * * * (b) impose new conditions or restrictions on, or vary the conditions or restrictions on the licence, including a condition requiring the person to pass a specified examination or complete a specified period of training or attend a specified course of instruction; (c) suspend the licence for a period of up to 12 months; (d) cancel the licence, immediately or with effect from a specified later date. Division 3—Electrical installation work S. 41A inserted by No. 89/1998 s. 8. 41A Responsible person In this Division a reference to the person who is responsible for the carrying out of electrical installation work is a reference— (a) to a registered electrical contractor, if the registered electrical contractor is engaged to carry out the work; or
(c) states whether or not the work complies with this Act and the regulations; and (d) contains any other details in relation to the work required by the regulations. 50 penalty units. S. 45(5) inserted by No. 89/1998 s. 10(3), repealed by No. 61/2007 s. 13(3). * * * * * S. 45A inserted by No. 89/1998 s. 11. 45A Certificates of electrical safety (1) The person who is responsible for the carrying out of electrical installation work must in accordance with this section— (a) ensure that a certificate of electrical safety is completed in respect of that work; and (b) within the required time— (i) give the completed certificate of electrical safety in respect of that work to the person for whom the work was carried out; and S. 45A(1)(b)(ii) amended by No. 39/2005 s. 48(Sch. 1 item 2). (ii) give a copy of that certificate to Energy Safe Victoria. 10 penalty units. (2) A certificate of electrical safety must contain— (a) a certificate of compliance completed under section 44 for the installation work by the licensed electrical installation worker who carried out the work; and
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 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 Victoria 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. 65(1) amended by No. 39/2005 s. 48(Sch. 1 items 1, 2). (1) Energy Safe may make a requirement under this section only if it appears to Energy Safe Victoria that— (a) particular electrical equipment, or a particular class of electrical equipment, is, or is likely to become, by reason of its design or construction, unsafe to use; or (b) specific action is necessary— (i) to make the electrical equipment or equipment of that class safe to use; or (ii) to render safe the use of that equipment or equipment of that class. S. 65(2) amended by Nos 38/2000 s. 24(d), 39/2005 s. 48(Sch. 1 item 1). (2) Energy Safe , by notice in writing served on a person whose business is or includes the supply of electrical equipment and who has supplied the electrical equipment or other equipment of the same class, may require the person to take, within the period specified in the notice, the action specified in the notice. (3) The action specified in the notice may consist of or include— (a) sending a written request to the person to whom the electrical equipment, or equipment of the same class, was supplied to return the equipment to the place at which it was supplied; S. 65(3)(b) amended by No. 39/2005 s. 48(Sch. 1 item 6). (b) placing an advertisement requesting all persons to whom electrical equipment of that class was supplied to return the equipment to the place at which it was supplied; (c) making the equipment or equipment of that class safe to use or rendering safe the use of that equipment in the manner specified in the notice.
(3) An exemption may be subject to any conditions specified by Energy Safe Victoria in the exemption. (4) An exemption takes effect on the day specified in the exemption. (5) In the case of an application under subsection (1), the application must— (a) be in writing; and (b) contain details of— (i) the applicant's name, telephone number, and business and postal address; and (ii) the exemption requested; and (iii) the reasons for the exemption; and (c) be accompanied by— (i) any relevant technical information; and (ii) the prescribed application fee. (6) Energy Safe may, at any time, by notice published in the Government Gazette, revoke an exemption. (7) As soon as is practicable after an exemption or revocation under this section is made, Energy Safe Victoria must notify the applicant in writing of the exemption or revocation. _______________
(b) a decision under Part 4— (i) to refuse to certify the compliance of electrical equipment; or (ii) to refuse to approve prescribed electrical equipment; or (iii) to withdraw an approval of prescribed electrical equipment; (c) a prohibition under section 63; (d) a requirement under section 65; (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— (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;
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— S. 80(a) substituted by No. 24/2002 s. 5. (a) may assign a fire hazard rating of "low" or "high" to any area of land for the purposes of this Act or the regulations; and (b) must give notice in writing of that rating to the Minister and every person responsible for the management of public land in any part of the area as soon as practicable after the rating is assigned. 81 Declared area in urban area The Governor in Council, by Order published in the Government Gazette, may declare an area of land in an urban area for the purposes of this Part. S. 81(2) amended by No. 39/2005 s. 48(Sch. 1 item 2). (2) An Order under subsection (1) must contain a description sufficient to identify the land concerned which may include a description by reference to a map held by Energy Safe Victoria. S. 81(3) amended by No. 39/2005 s. 48(Sch. 1 item 1). (3) Energy Safe must make a copy of any map referred to in an Order under subsection (1) available at its office during business hours for any person to inspect free of charge. 82 Operation of Part (1) If a provision of this Part or of a regulation made for the purposes of this Part is, with respect to a particular subject-matter, inconsistent with a provision—
86 Failure to maintain lines S. 86(1) amended by Nos 89/1998 s. 14(1), 39/2005 s. 48(Sch. 1 items 1, 2). (1) Energy Safe Victoria or, with the approval of Energy Safe Victoria, the relevant distribution company, may by notice in writing require a person to perform acts specified in the notice for the purpose of keeping the whole or any part of a tree clear of an electric line in respect of which that person is the responsible person within a time specified in the notice being, subject to subsection (4), not less than 14 days after the date of the notice. S. 86(2) amended by No. 39/2005 s. 48(Sch. 1 item 2). (2) If— (a) there is an electric line above or below the surface of land in respect of which there is in force a planning scheme; and (b) the planning scheme requires a permit to be obtained to trim or remove trees on the land— a person required by Energy Safe Victoria or the relevant distribution company by notice in writing under subsection (1) to perform any act for the purpose of keeping the whole or any part of a tree clear of the line must, before taking any action to comply with the notice, obtain any necessary permit pursuant to the Planning and Environment Act 1987 in respect of the action necessary to comply with the notice unless an officer or employee of Energy Safe Victoria or the relevant distribution company considers the line to be in such a dangerous condition that urgent compliance with the notice is necessary. S. 86(2A) inserted by No. 59/2011 s. 14(1). (2A) Despite subsection (2), a relevant transmission company or a relevant distribution company is not required to obtain a permit pursuant to the Planning and Environment Act 1987 in respect of any action necessary to comply with a notice in
S. 111 substituted by No. 61/2007 s. 7. 111 Application of provisions to revised electricity safety management scheme Sections 100 to 105 apply to the revision of an electricity safety management scheme in the same manner as they apply to an electricity safety management scheme. S. 112 substituted by No. 61/2007 s. 7, repealed by No. 55/2010 s. 28, new s. 112 inserted by No. 2/2014 s. 11. 112 Revisions that do not relate to bushfire mitigation (1) This section applies if— (a) a major electricity company is required, or has been requested, to submit a revised electricity safety management scheme to Energy Safe Victoria under section 107 or 109; and (b) the matter giving rise to that requirement or forming the basis of the request does not relate to that part of the scheme that is an accepted bushfire mitigation plan. Note See also section 113D(1). (2) Despite anything to the contrary in this Division or Division 2A, the company is not required to submit to Energy Safe Victoria a revised bushfire mitigation plan as part of the revised electricity safety management scheme. S. 113 substituted by No. 61/2007 s. 7. 113 Compliance with electricity safety management scheme is a defence It is a defence to a prosecution of a person for an offence relating to a breach of a duty or obligation set out in Division 1 if the person has complied with the accepted ESMS in relation to that duty or obligation.
Pt 10 Div. 2A (Heading and ss inserted by No. 55/2010 s. 27. Division 2A—Ongoing bushfire mitigation requirements for major electricity companies S. 113A inserted by No. 55/2010 s. 27. 113A Submission of bushfire mitigation plans for acceptance S. 113A(1) amended by No. 59/2011 s. 7, substituted by No. 2/2014 s. 12(1). (1) A major electricity company must prepare and submit to Energy Safe Victoria, for acceptance under this Division, a plan for the company's proposals for mitigation of bushfire in relation to the company's supply network at the end of each period of 5 years commencing on the later of— (a) the date when the accepted bushfire mitigation plan is first accepted under this Division; or (b) the date of the most recent acceptance of a revision of the accepted bushfire mitigation plan submitted under this Division. Penalty: In the case of a natural person, 300 penalty units; In the case of a body corporate, 1500 penalty units. (2) A bushfire mitigation plan under subsection (1)— (a) must be in or to the effect of a form approved by Energy Safe Victoria; and (b) must include the prescribed particulars. S. 113A(3) amended by No. 2/2014 s. 12(2). (3) A major electricity company must cause the prescribed information about its accepted bushfire mitigation plan to be made available for inspection— (a) on the company's Internet site; and
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. _______________ Pt 11A (Heading and ss inserted by No. 89/1998 s. 22. S. 140A inserted by No. 89/1998 s. 22, amended by No. 40/2003 s. 27. 140A Definition In this Part— S. 140A def. of prescribed offence substituted by No. 25/2008 ss 7, 8, amended by No. 55/2010 s. 31. prescribed offence means— (a) an offence against section 30, 32, 35(1), 35(3), 36(1), 37, 38, 43(2)(a), 43(2)(b), 43(4), 44(2), 44(3), 45(1), 45(2), 45(3), 45(4), 45A(1), 45A(3), 45B(4), 45B(9)(a), 45B(9)(b), 54, 57(2), 60(2), 68, 76(1), 77(1), 77(2), 77(3), 78, 83BA(3), 108, 110, 113A(3), 113F(1), 119, 120B, 120H(4) or 142(2); or
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(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;
Assent Date: 23.4.02 Commencement Date: S. 3(Sch. 1 item 21) on 24.4.02: s. 2(1) : This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Legislation (Further Miscellaneous Amendments) Act 2002, No. 24/2002 Assent Date: 12.6.02 Commencement Date: S. 5 on 13.6.02: s. 2(1); ss 3, 4, 6–11 on 29.7.02: Government Gazette 18.7.02 p. 1658 : This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Legislation (Consumer Protection and Other Amendments) Act 2003, No. 40/2003 Assent Date: 11.6.03 Commencement Date: Ss 26, 27 on 12.6.03: s. 2(1) : This information relates only to the provision/s amending the Electricity Safety Act 1998 Road Management Act 2004, No. 12/2004 Assent Date: 11.5.04 Commencement Date: S. 155 on 1.7.04: s. 2(2); s. 171 on 1.1.05: s. 2(4) : This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Legislation (Regulatory Reform) Act 2004, No. 25/2004 Assent Date: 25.5.04 Commencement Date: Ss 22, 23 on 26.5.04: s. 2(1) : This information relates only to the provision/s amending the Electricity Safety Act 1998 Public Administration Act 2004, No. 108/2004 Assent Date: 21.12.04 Commencement Date: S. 117(1)(Sch. 3 item 64) on 5.4.05: Government Gazette 31.3.05 p. 602 : This information relates only to the provision/s amending the Electricity Safety Act 1998 Energy Legislation (Miscellaneous Amendments) Act 2005, No. 33/2005 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