ALERT DIGEST 7 of 1994
Part 8
WESTERNPORT (CRIB POINT TERMINAL) BILL
13.1
This Bill was introduced into the Legislative Assembly on 4 May 1994 by The Honourable Alan Brown with The Honourable Phil Gude.
13.2
By way of background, the Committee notes the comments in the Second Reading Notes:-
"The operators of Victoria's two oil refineries, Mobil Oil Australia and Shell Australia, as a joint venture , have formed a company, Crib Point Terminal Pty. Ltd and have purchased the former BP refinery site at Crib Point on Westernport Bay which is adjacent to the Port of Hastings. That location has been chosen by the joint venture as it is a site where they consider an oil terminal facility can be constructed to enable the economic off-loading and storage of imported crude prior to its conveyance to the refineries for processing.
The Bill before the House will assist the development and operation of the proposed new terminal. The legislation applying to the old BP site and an adjacent parcel of land is overhauled by the Bill to smooth the path for this critical development which the Government firmly supports."
The Bill facilitates the development and operation of the proposed new terminal and provides for the initial construction and subsequent operation of an authorised pipeline from Crib Point to Dandenong along an approved route, including provision for new easements.
13.3 ¯ Amendment of the Principal Act - Westernport (Oil Refinery) Act 1963
Part 2 amends the Principal Act.
Clause 4 substitutes new definitions and objects into the Act. Clause 5 vests the parcel of land adjacent to Crib Point Jetty in the Port of Melbourne Authority. On the vesting of the land, any licence is extinguished. This does not affect any property or right in the authorised pipeline existing immediately before the commencement of the section. New section 6A provides for the construction of instruments relating to pipeline easements. It provides for the appropriate references to be inserted where required. Sub-section (2) of the new section 6A continues any consents given by the previous easement beneficiaries so that they will apply to the new Crib Point Terminal Pty. Ltd.("CPT")
New section 6B sets out the interpretation of the plans which show the route of the authorised pipeline. New section 6C provides for the preparation of a written statement by CPT specifying the rights, obligations and burdens of the beneficiary of an easement. The document must specify the land and identify the land by volume and folio number. CPT must lodge the document with the Minister and at the Central Plan Office. New section 6D provides that the Surveyor-General can substitute any plans with the Minister and the Central Plans Office.
New section 6E provides that the Governor-in-Council, may on the Minister's recommendation approve a plan lodged under section 6C and publish it in the Government Gazette. New section 6F sets out the effect of such an Order. New section 6G provides that the discharge of a restrictive covenant by new section 6F where that covenant is also a term of a contract means that the contract term ceases to have effect. New section 6I provides that the authorised route of the pipeline cannot be varied unless a statutory easement is varied or an easement is created.
New section 6J provides for the variation of an easement and the relevant procedures. New section 6K provides that the creation or variation of statutory easements does not effect any other easements, rights or privileges. New section 6L provides for the amendment of records relating to title and the procedures which apply in those circumstances. New section 6M provides that the extinguishment of any easement, right, privilege, covenant or the creation of any statutory easement under the Act is not in any breach of an agreement, understanding or arrangement existing before the commencement of the section.
13.4 ¯ Variation of section 85 of the Constitution Act 1975 (section 4D(b)(i)(ii) or (iii) of the Parliamentary Committees Act 1968)
Clause 7 of the Bill inserts section 16 into the Act which states its intention to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court entertaining actions for compensation in circumstances in which no compensation is payable by virtue of section 15.
Section 15 provides that no compensation is payable by the Crown or the Company in respect of the extinguishment, creation or variation by the Act of an interest, right, privilege or obligation over land. The Committee notes the comments in the Second Reading Notes:-
"The reasons for preventing the Supreme Court from having the actions referred to brought before it and for preventing the court from awarding compensation are that these might frustrate or impede the purposes of the Bill which are to give effect to a scheme which will be beneficial to the community as a whole. It is important to recognise that the pipeline easements dealt with by the Bill have existed over relevant land for may years and the Bill basically confirms their existence."
The Committee reports that the proposed provision is appropriate and desirable in all the circumstances.
MELBOURNE EXHIBITION CENTRE BILL
14.1
This Bill was introduced into the Legislative Assembly on 6 May 1994 by The Honourable Phil Gude with The Honourable Bill McGrath.
14.2
This Bill establishes the Melbourne Exhibition Centre Trust. It also provides for the management and operation of the exhibition centre and the development of the Melbourne Exhibition Centre Land.
14.3
Clause 2 is the commencement provision. The Committee commends the forced commencement procedure.
Clause 4 provides that the Governor-in-Council, on the Minister's recommendation may approve the plan for the Melbourne Exhibition Centre Land. The plan is to be published in the Government Gazette.
14.4 ¯ Melbourne Exhibition Centre Trust
Part 2 deals with the establishment of the Melbourne Exhibition Centre Trust.
Clause 5 establishes the Trust. Clause 6 sets out the functions of the Trust. Clause 9 provides that the Trust shall have 3 and not more than 5 part-time members appointed by the Governor- in-Council for a term of not more than 3 years but are eligible for re-appointment. Members must declare any pecuniary interests. Clause 16 provides for the procedure at the meetings. Clause 17 provides for the appointment of a Chief Executive Officer for a term not exceeding 5 years.
14.5 ¯ Particular powers of the Trust
Part 3 sets out the particular powers of the Trust.
Clause 18 gives the Trust the power to manage the Centre and the land. Clause 19 provides that the Trust, with the consent of the Governor-in-Council on the recommendation of the Minister, may enter into an agreement with a public sector agency for the provision of works and services. Clause 21 provides that the Governor-in-Council may by Order published in the Government Gazette close any road on the Melbourne Exhibition Centre Land. Clauses 22 and 23 provide for the vesting of Crown Land in the Trust and specify its management and use. Clause 24 provides that the Trust may enter any land specified in Schedule 2 to carry out any works. The Trust must have the approval of the Minister to carry out any activities under this provision.
14.6 ¯ Finances and Reporting
Part 4 deals with the finances and the reporting requirements of the Trust.
Clause 26 provides that the Trust may borrow money from any person with the approval of the Minister. Such borrowings must be secured. The Treasurer may execute a guarantee in respect of any borrowings. Pursuant to clause 30 the Trust must prepare a corporate plan each year. It must include a statement of corporate intent. The contents of a statement of corporate intent are set out in clause 31. The Trust is obliged to give to the Minister and the Treasurer half-yearly reports.
14.7 ¯ General provisions
Part 5 sets out general provisions and transitional provisions.
Clause 6 gives the Governor-in-Council the power to make regulations.
14.8 ¯ Variation of section 85 of the Constitution Act 1975 (section 4D(b)(i)(ii) or (iii) of the Parliamentary Committees Act 1968)
Clause 35 of the Bill states its intention to alter or vary section 85 of the Constitution Act 1975 to the extent necessary to prevent the Supreme Court awarding compensation in respect of anything done under or arising out section 21 or 24.
Section 21 provides for the closure of the roads on the Melbourne Exhibition Centre Land. Section 24 deals with the use of existing Crown Land reservations for the carrying out of works. The Committee notes the comments in the Second Reading Notes:-
"The reasons for restricting the Supreme Court's jurisdiction in this way are to ensure that the Crown's ability to deal with this land as part of the Exhibition project is not restricted by any claim which members of the public may have and which may arise from the previous dedication of the roads to the public or the nature of the reservations."
The Committee reports that the proposed provision is appropriate and desirable in all the circumstances.
SUPERANNUATION ACTS (AMENDMENT) BILL
15.1
This Bill was introduced into the Legislative Assembly on 5 May 1994 by The Honourable Ian Smith with The Honourable Alan Stockdale, the Treasurer.
15.2
This Bill makes miscellaneous amendments to various Superannuation Acts.
Part 2 amends the Parliamentary Salaries and Superannuation Act 1968. Part 3 amends the Hospitals Superannuation Act 1988. Part 4 amends the State Superannuation Act 1988. Part 5 amends the Transport Superannuation Act 1988. Part 6 amends the Emergency Services Superannuation Act 1986. Part 7 amends the Public Sector Superannuation (Administration) Act 1993.
ELECTRICITY INDUSTRY (AMENDMENT) BILL
16.1
This Bill was introduced into the Legislative Assembly on 4 May 1994 by The Honourable Jim Plowman with The Honourable Alan Stockdale, the Treasurer.
16.2
This Bill provides for the further restructuring of the electricity supply industry. The Committee notes the comments in the Second Reading Speech by way of background:-
"Generation Victoria which will be an interim generating structure comprising separate business divisions which will trade independently of one another.
A transmission grid company which will own, maintain and manage the high voltage grid ("GridCo"). This is a natural monopoly and will remain state owned.
An independent statutory corporation that will monitor and control the wholesale electricity market and ensure the security of electricity supply ("PoolCo").
5 regionally based distribution companies comprising former assets of Electricity Services and the 11 municipal electricity undertakings. Three distribution companies will service metropolitan Melbourne and two will service rural Victoria. These companies will be created under and operate in accordance with the Corporations Law."
16.3
Clause 2 is the commencement provision. The Committee notes the retrospectivity in respect of some provisions. The Committee also commends the forced commencement procedure.
16.4 ¯ Establishment of PoolCo
Part 2 amends the Electricity Industry Act 1993.
Clause 6 amends the functions and powers of National Electricity and provides that it is subject to the direction and control of PoolCo in carrying out the functions of designing, operating and augmenting the electricity transmission system for Victoria. Clause 8 abolishes Electricity Services Victoria. All the directors and the chief executive officer go out of office. PoolCo or a distribution company may contract out of the liability limitations in section 27 of the Act.
Clause 12 inserts a new part 2A into the Act. It provides for the establishment, status, functions and powers and other provisions relating to the management of PoolCo. New section 41D provides that PoolCo may, by instrument delegate particular powers to certain persons. The Committee notes that although the powers themselves are quite broad, the recipients of the powers are specified.
Pursuant to new 41E the board of directors is constituted by not less than 3 and no more than 6 persons nominated by the Minister and appointed by the Governor-in-Council for a term not exceeding three years. The Governor-in-Council may remove a director. Clause 18 inserts new sections 84A - 84D into the Act. Clause 20 provides that PoolCo or a distribution company is exempt from the Freedom of Information Act 1982.
The Committee has written to the Minister to request his advice as to the reason PoolCo or other distribution companies are exempt from the Act.
16.5 ¯ Further restructuring
Part 3 deals with the further restructuring.
Clause 24 substitutes new parts 9,10 and 11 into the Act. The new Part 9 provides for the transfer of property and the staff of National Electricity. The transfer of property is done by the preparation of an allocation statement under the new section 99. The statement must be signed by the chief executive officer. The Minister may direct in writing the transfer of property, rights and liabilities to nominated persons. No stamp duty is payable in respect of any transfer of property. New section 112 provides for interim arrangements. New section 114 provides for the transfer of National Electricity staff.
The new Part 10 provides for the transfer of property and staff of Electricity Services Victoria ("ESV") to distribution companies. The transfer of property procedures are the same as set out in Part 9 as are the procedures for the transfer of the ESV staff.
Part 11 deals with the transfer of municipal electrical undertakings ("MUE") to distribution companies. The procedures are the same as set out in Parts 9 and 10. It also deals with the transfer of the MUE staff in the same manner.
16.6 ¯ Regulation of the electricity industry
Part 4 deals with the regulation of the electricity industry.
Clause 25 inserts a new part 12 into the Act which provides for the electricity industry to be a regulated industry for the purposes of the Office of the Regulator-General Act 1994. It specifies that the Regulator -General may fix prices, regulate tariffs and charges. A person may apply to the Office for a licence to generate, transmit. sell or supply electricity. The licence must be published in the Government Gazette and is not transferable. New section 169 sets out the obligations of a distribution company.
16.7 ¯ Amendment of other Acts
Part 5 makes a number of consequential amendments to various other Acts.
Committee Room
10 May 1994
