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Several Acts make up the regulatory framework of the Victorian gas and electricity sectors.
Legislation administered by the Minister for Energy, Environment and Climate Change
This Act regulates the Victorian electricity supply industry. It requires persons who generate, transmit, distribute, supply or sell electricity to obtain a licence from the Essential Services Commission of Victoria or a licence exemption. Key provisions include a consumer safety net for domestic and small business customers.
This Act regulates the safety of electricity supply and uses in Victoria and the efficiency of electrical equipment. Energy Safe Victoria administers it.
This Act establishes Energy Safe Victoria (ESV) as the safety regulator for Victoria for electricity and gas. ESV is also the safety regulator for certain pipelines, as provided in the Pipelines Act 2005.
This Act provides for the preservation and allocation of fuel supplies during proclaimed fuel emergencies.
This Act regulates the Victorian gas industry. It requires persons who distribute or sell gas to obtain a licence from the Essential Services Commission of Victoria or a licence exemption. Key provisions include a consumer safety net for domestic and small business customers.
This Act regulates the safety of gas supply and uses in Victoria, providing for the safe conveyance, sale, supply, measurement, control and use of gas. Energy Safe Victoria administers it.
This Act provides for the regulation of the national electricity wholesale market. It is part of a national scheme which gives effect to the National Electricity Law and the National Electricity Rules made under that Law.
The lead legislation under the national scheme is the National Electricity (South Australia) Act 1996. The economic regulator is the Australian Energy Regulator (AER) and the rule-maker is the Australian Energy Market Commission (AEMC). The Australian Energy Market Operator (AEMO) administers the national electricity wholesale market.
This Act provides a national framework for third-party access to natural gas pipeline services. It is part of a national scheme that applies the National Gas Law and National Gas Rules as laws of Victoria.
The economic regulator is the Australian Energy Regulator (AER) and the rule-maker is the Australian Energy Market Commission (AEMC).
The Australian Energy Market Operator (AEMO) is the gas market and system operator.
This Act prohibits uranium mining in Victoria and the construction or operation of certain nuclear facilities in Victoria, including nuclear reactors and nuclear power reactors. It also regulates the possession of certain nuclear materials.
This Act is the primary Act governing the construction and operation of pipelines carrying liquid and gaseous fuels at high pressure in Victoria.
Only section 107 is administered by the Minister for Energy and Resources. Section 107 of this Act preserves the electricity theft and tampering provisions in the Electricity Light and Power Act 1958.
This Act establishes and regulates the market in Victorian energy efficiency certificates to encourage the uptake of energy efficiency measures. The Essential Services Commission of Victoria administers the scheme.
This Act establishes a scheme for creating, acquiring and surrendering renewable energy certificates, the purpose of which is to promote the development of renewable energy generation in Victoria.
The Essential Services Commission (ESC) of Victoria administers the scheme.
Victoria transitioned from this scheme to the Commonwealth's Renewable Energy Target Scheme on 1 February 2010.
Other relevant legislation
This Act provided for the restructuring of the electricity industry.
This Act establishes the Essential Services Commission of Victoria and generally provides its functions and powers.
This Act provided for the restructuring of the gas industry.
Visit Victorian Legislation and Parliamentary Documents for consolidated Principal Victorian Acts and Statutory Rules as in force at a given time, including the Acts listed above.
Energy market regulation
The Australian Energy Regulator (AER) regulates wholesale energy markets, electricity networks and gas pipelines in all jurisdictions except Western Australia.
The AER sets
- how much network businesses (distributors) can recover from customers
- makes sure that these businesses follow the energy rules
- takes enforcement action for breaches of rules.
Although the AER is responsible for regulating energy network businesses (distributors), it does not regulate the energy retail market for Victoria but does for other jurisdictions in Australia.
Once energy retailers have bought electricity and gas in wholesale markets, they sell it to customers in the energy retail market. The AER regulates the energy retail market in Australian jurisdictions that are part of the National Energy Customer Framework (NECF). These jurisdictions include Australian Capital Territory, Tasmania, South Australia, New South Wales and Queensland.
Victoria has not adopted the NECF, apart from Chapter 5A in the National Electricity Rules on Electricity Connection for Retail Customers.
In Victoria, the energy retail market is regulated by the Essential Service Commission, Victoria’s independent regulator for energy, which has powers to enforce the energy rules.
Page last updated: 07/09/22