Gas Amendment Regulation (No. 1) 2002 (Qld)

Gas Amendment Regulation (No. 1) 2002

Queensland Subordinate Legislation 2002 No. 236 Gas Act 1965 GAS AMENDMENT REGULATION (No. 1) 2002 TABLE OF PROVISIONS Section Page 1 Short title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 2 Commencement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 3 Regulation amended . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Amendment of s 5 (Deﬁnitions) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 5 Insertion of new pt 1A. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 PART 1A—CONTESTABILITY ARRANGEMENTS Division 1—Preliminary 7A Simpliﬁed outline of pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7B Deﬁnitions for pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 7C Code approved . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7D References in pt 1A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 7E Relationship of pt 1A and market services agreement with Gas Pipelines Access (Queensland) Law etc. . . . . . . . . . . . . . . . . . . . . . . 7 Division 2—Terms of arrangement commencing 23 September 2002 7F Network operator and user to enter into market services agreement. 8 7G Network operator to install hourly metering equipment . . . . . . . . . . 8 Division 3—Terms of arrangement commencing 1 January 2003 7H Creation and operation of delivery point registry . . . . . . . . . . . . . . . 9 7I Network user to provide accurate information for delivery point registry . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 7J Amendments to delivery point information . . . . . . . . . . . . . . . . . . . . 10 7K Access to information about delivery point—network user . . . . . . . 11

2 Gas Amendment Regulation (No. 1) 2002 No. 236, 2002 7L Access to information about delivery point—current user . . . . . . . . 7M Conﬁdentiality . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7N Metering equipment and data . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7O Development of procedures . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7P New user—allocation of gas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7Q Dispute resolution . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7R Rules interpretation register. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 11 12 12 12 14 14

s1 3 s4 Gas Amendment Regulation (No. 1) 2002 No. 236, 2002 1 Short title This regulation may be cited as the Gas Amendment Regulation (No. 1) 2002 . 2 Commencement (1) Section 5, to the extent it inserts new part 1A, division 3, commences on 1 January 2003. (2) The remaining provisions of this regulation commence on 23 September 2002. 3 Regulation amended This regulation amends the Gas Regulation 1989. 4 Amendment of s 5 (Deﬁnitions) Section 5— insert — ‘ “code” , for part 1A, see section 7B. “covered distribution pipeline” , for part 1A, see section 7B. “current user” , for part 1A, see section 7B. “customer” , for part 1A, see section 7B. “delivery point” , for part 1A, see section 7B. “delivery point information” , for part 1A, see section 7B. “delivery point registry” , for part 1A, see section 7B. “distribution pipeline” , for part 1A, see section 7B. “hourly metering equipment” , for part 1A, see section 7B. “market services agreement” , for part 1A, see section 7B. “network” , for part 1A, see section 7B. “network operator” , for part 1A, see section 7B. “network section” , for part 1A, see section 7B. “network user” , for part 1A, see section 7B.

s5 4 s5 Gas Amendment Regulation (No. 1) 2002 No. 236, 2002 “shipper” , for part 1A, see section 7B. “transmission pipeline” , for part 1A, see section 7B. “user” , for part 1A, see section 7B.’. 5 Insertion of new pt 1A After part 1— insert — ‘PART 1A—CONTESTABILITY ARRANGEMENTS ‘Division 1—Preliminary ‘7A Simpliﬁed outline of pt 1A ‘In outline, this part— (a) approves a code of conduct about arrangements for the operation or use of— (i) a covered distribution pipeline; or (ii) a transmission pipeline, to the extent its operation or use affects the operation or use of a covered distribution pipeline; and (b) does each of the following things, in some cases by reference to the code of conduct— (i) provides for the arrangements; (ii) imposes stated terms on the arrangements; (iii) provides for the legal effect or enforcement of the terms. ‘7B Deﬁnitions for pt 1A ‘In this part—

s5 5 s5 Gas Amendment Regulation (No. 1) 2002 No. 236, 2002 “code” means the code of conduct called ‘Gas retail market business rules for consumers using at least 100 TJ per year’ made by the Minister on 9 August 2002. 1 “covered distribution pipeline” means a distribution pipeline that is a covered pipeline within the meaning of the Gas Pipelines Access (Queensland) Law. “current user” , for a delivery point within a network section, means the network user identiﬁed, in the delivery point registry for the network, as the network user for whom gas is supplied at the delivery point. “customer” means a person who— (a) consumes gas supplied to the person’s premises at a delivery point; and (b) is a contestable consumer. 2 “delivery point” , within a network section, means a point, normally located at either of the following places, at which gas is withdrawn from the section for supply to a customer— (a) the inlet of an appliance located on the customer’s premises; (b) the outlet of a meter located on the customer’s premises. “delivery point information” see section 7H. “delivery point registry” see section 7H. “distribution pipeline” means a distribution pipeline within the meaning of the Gas Pipelines Access (Queensland) Law. “hourly metering equipment” means equipment that— (a) measures and records gas consumed on an hourly basis; and (b) enables the measurements to be read at a place other than the place where the equipment is located. “market services agreement” means an agreement between a network operator and a user stating the terms on which the network operator 1 Copies of the ‘Gas retail market business rules for consumers using at least 100 TJ per year’ are available for inspection at the department’s ofﬁce at 100 George Street, Brisbane. The code is also available for inspection on the department’s website at 2 See section 33A (Meaning of “contestable consumer”) of the Act.

s5 6 s5 Gas Amendment Regulation (No. 1) 2002 No. 236, 2002 provides services to the user that enable the user to do each of the following— (a) effectively and efﬁciently supply gas, transported through a network with more than 1 user, to a customer; (b) transfer a customer to or from another user; (c) accurately charge a customer for gas consumed; (d) obtain accurate information about the quantities of gas— (i) transported through a network section for the user; and (ii) supplied by 1 or more shippers to the section for the user. “network” — (a) means a covered distribution pipeline; but (b) does not include the distribution pipelines located in and around Dalby and Roma. “network operator” , for a network, means the person who operates the network. “network section” means a contained section of a network— (a) into which gas enters at a single entry point; and (b) from which gas is withdrawn at 1 or more delivery points within the section. “network user” , for a network, means a user who is a party to a market services agreement with the network operator. “shipper” means a person contracted— (a) by the owner or operator of a transmission pipeline to transport gas through the pipeline; and (b) to supply gas for any of the following persons at the point at which gas enters a network section— (i) a network operator or a network user; (ii) a person from whom the network operator or network user purchases gas. “transmission pipeline” means a transmission pipeline within the meaning of the Gas Pipelines Access (Queensland) Law.

s5 7 s5 Gas Amendment Regulation (No. 1) 2002 No. 236, 2002 “user” , for a network, means a user within the meaning of the Gas Pipelines Access (Queensland) Law. ‘7C Code approved ‘ (1) The following provisions of the code are approved and take effect on 23 September 2002— (a) part A; (b) rule 14.1; (c) schedule 1. ‘ (2) The remaining provisions of the code are approved and take effect on 1 January 2003. ‘7D References in pt 1A ‘In a provision of this part about a network operator, a reference to— (a) the network or a network section is a reference to the network or a network section owned or operated by the network operator; and (b) a delivery point is a reference to a delivery point within a network section owned or operated by the network operator; and (c) a network user is a reference to a network user who is a party to a market services agreement with the network operator. ‘7E Relationship of pt 1A and market services agreement with Gas Pipelines Access (Queensland) Law etc. ‘ (1) If a provision of this part or a market services agreement is inconsistent with the Gas Pipelines Access (Queensland) Law or an access arrangement approved under the third party access code, the law or access arrangement prevails to the extent of the inconsistency. ‘ (2) In this section— “third party access code” means the National Third Party Access Code for National Gas Pipeline Systems, a copy of which is contained in the schedule of the Gas Pipelines Access (Queensland) Law.

s5 8 s5 Gas Amendment Regulation (No. 1) 2002 No. 236, 2002 ‘Division 2—Terms of arrangement commencing 23 September 2002 ‘7F Network operator and user to enter into market services agreement ‘ (1) A person who, on 23 September 2002, is a user (a “relevant user” ) must, within 14 days after this section commences, give a negotiation notice to the relevant network operator. ‘ (2) A user who, after 23 September 2002, proposes to begin supplying gas to 1 or more customers (also a “relevant user” ) must give a negotiation notice to the relevant network operator. ‘ (3) The relevant user and the relevant network operator must negotiate a market services agreement in good faith. ‘ (4) If the relevant user and the relevant network operator do not enter into a market services agreement within 100 days after the day on which the network operator received the negotiation notice, the parties are taken to have entered into a market services agreement consisting of the required terms. ‘ (5) A market services agreement must include the required terms without amendment. ‘ (6) In this section— “negotiation notice” means a written notice stating— (a) that a relevant user requires the relevant network operator to negotiate a market services agreement with the user; and (b) any terms, other than the required terms, the user intends to negotiate with the network operator. “relevant network operator” , for a relevant user, means the network operator of a network through which gas is or will be transported for supply to a customer of the user. “required terms” means the terms stated in the code, parts B to F. ‘7G Network operator to install hourly metering equipment ‘A network operator must install hourly metering equipment at each delivery point by 1 January 2003.

s5 9 s5 Gas Amendment Regulation (No. 1) 2002 No. 236, 2002 ‘Division 3—Terms of arrangement commencing 1 January 2003 ‘7H Creation and operation of delivery point registry ‘ (1) A network operator must establish, operate and manage a database (a “delivery point registry” ) as required under the code. 3 ‘ (2) The network operator must ensure the delivery point registry contains the following information (the “delivery point information” ) for each delivery point— (a) the numeric name of the delivery point; (b) the network user for whom gas is supplied at the delivery point; (c) the network section the delivery point is within; (d) the name of the point at which gas enters the network section; (e) the date on which the delivery point was ﬁrst entered in the registry; (f) if the information mentioned in paragraphs (a) to (e) is amended after the registry is established— (i) each date on which the information is amended; and (ii) the name of the person who requested the most recent amendment. ‘ (3) The network operator must— (a) give a unique numeric name, as required under the code, 4 to each delivery point; and (b) when the delivery point information for a delivery point is created or amended—give the delivery point information to the current user of the delivery point. ‘7I Network user to provide accurate information for delivery point registry ‘A network user must— 3 See the code, rule 5. 4 See the code, rule 6.1(1).

s 5 10 s 5 Gas Amendment Regulation (No. 1) 2002 No. 236, 2002 (a) conﬁrm to the network operator whether, to the network user’s knowledge, delivery point information given to the network user under section 7H(3) is correct; and (b) use the network user’s reasonable endeavours, as required under the code, 5 to enable the network operator to include current and accurate information in the delivery point registry. ‘7J Amendments to delivery point information ‘ (1) A network user may, by written notice as required under the code, 6 request the network operator to amend delivery point information in the delivery point registry by— (a) changing the current user of a delivery point; or (b) creating a new delivery point; or (c) deactivating a delivery point. ‘ (2) On receiving a request mentioned in subsection (1), the network operator must amend the information or not amend the information, and do any other thing, as required under the code. 7 ‘ (3) Without limiting subsection (2), if a request mentioned in subsection (1)(b) is made and the network operator processes the request as required under the code, 8 the network operator must— (a) within 100 days after receiving the request, install hourly metering equipment at the new delivery point; and (b) on complying with paragraph (a), give the network user a notice stating— (i) that the hourly metering equipment has been installed at the delivery point; and (ii) the day on which the requested amendment takes effect. ‘ (4) The network user may withdraw a request mentioned in subsection (1)(a) or (c) at any time before the network operator gives the 5 See the code, rules 6.1(4) and 7.2. 6 See the code, rules 7.3, 8.1, 9.1 and 10.1. 7 See the code, rules 7.1, 7.5 and 8 to 10. 8 See the code, rule 9.2 and 9.3.

s 5 11 s 5 Gas Amendment Regulation (No. 1) 2002 No. 236, 2002 network user a notice stating the day on which the requested amendment takes effect. ‘7K Access to information about delivery point—network user ‘ (1) A network user may, by written notice, ask the network operator for any of the following information about a delivery point— (a) the delivery point information; (b) the quantity of gas supplied at the delivery point during the period stated in the notice; (c) the quantity of gas supplied at the delivery point and consumed by a customer on an hourly basis during the period; (d) the features of the hourly metering equipment installed at the delivery point. ‘ (2) On receiving a notice mentioned in subsection (1), the network operator must provide the information, or refuse to provide the information, as required under the code. 9 ‘7L Access to information about delivery point—current user ‘ (1) The current user of a delivery point may, by written notice, ask the network operator for information about the delivery point that the network operator could reasonably be expected to have. ‘ (2) The network operator must, within a reasonable time after receiving a notice mentioned in subsection (1), respond in writing to the request. ‘7M Conﬁdentiality ‘ (1) A network operator must not disclose information about a delivery point to a person who is not a network user. ‘ (2) However, subsection (1) does not apply if disclosure of the information is permitted under the code. 10 9 See the code, rule 11.2 and 11.3. 10 See the code, rule 13.

s 5 12 s 5 Gas Amendment Regulation (No. 1) 2002 No. 236, 2002 ‘7N Metering equipment and data ‘A network operator must do each of the following things as required under the code 11 — (a) notify the current user of a delivery point of particular irregularities in the hourly metering equipment installed at the delivery point; (b) collect the data mentioned in the code, rule 16.1 for each delivery point; (c) give the current user of the delivery point the data mentioned in the code, rule 16.2; (d) ensure estimated meter readings are calculated; (e) appoint an auditor; (f) obtain and, on request, make available to a network user an auditor’s report on the network operator’s data collection and management procedures. ‘7O Development of procedures ‘A network operator and a network user must use their reasonable endeavours to develop and implement procedures under the code. 12 ‘7P New user—allocation of gas ‘ (1) This section applies if a network user, other than an incumbent retailer, becomes the current user of a delivery point. ‘ (2) The operator of the transmission pipeline transporting gas to the network must give the network operator— (a) the name of the points at which gas enters the network; and (b) any other information about gas transported through the network as required under the code. 13 11 See the code, rules 15, 16 and 18. 12 See the code, rule 17. 13 See the code, rule 19.3(2).

s 5 13 s 5 Gas Amendment Regulation (No. 1) 2002 No. 236, 2002 ‘ (3) The network operator must, as required under the code, 14 do each of the following— (a) supply, at the network operator’s expense, enough unaccounted for gas to operate the network; (b) work out the quantity of gas withdrawn at a delivery point by an incumbent retailer; (c) give a network user the following information— (i) the heating value, and any change to the heating value, of gas transported through a network section that includes a delivery point of which the network user is the current user; (ii) for each delivery point of which the network user is the current user—the quantity of gas withdrawn at the delivery point; (iii) the quantity of gas supplied by a shipper for the network user; (d) notify the operator of the transmission pipeline of the quantity of gas withdrawn at each delivery point; (e) notify a shipper of the quantity of gas the shipper is taken to have supplied for a network user. ‘ (4) The network user must, as required under the code, 15 give the network operator the information mentioned in the code, rule 21.1 about a shipper supplying gas for the network user. ‘ (5) In this section— “incumbent retailer” means— (a) Energex Retail Pty Ltd ACN 078 848 549; or (b) Origin Energy Ltd ACN 000 051 696. “unaccounted for gas” means gas that— (a) enters a network section; and (b) is not withdrawn by a customer at a delivery point. 14 See the code, rules 19.3(3), 20, 21.3 and 21.4. 15 See the code, rule 21.1.

s 5 14 s 5 Gas Amendment Regulation (No. 1) 2002 No. 236, 2002 ‘7Q Dispute resolution ‘ (1) A person who is a party to a dispute about compliance with the code may give each other party to the dispute a written notice stating— (a) the details of the dispute; and (b) that the dispute is to be referred to mediation. ‘ (2) If a notice mentioned in subsection (1) is given, the dispute must be referred to mediation as required under the code. 16 ‘ (3) If the dispute is not settled by mediation, a party to the dispute may elect to have the dispute decided, in the way provided for under the code, 17 by an independent expert. ‘7R Rules interpretation register ‘ (1) A network operator must use the network operator’s best endeavours to establish and maintain, as required under the code, 18 a register containing copies of any written decision of a dispute about the network. ‘ (2) The network operator must, on the request of a network user and payment to the network operator of any fee decided by the network operator, give the network user a copy of the register or any decision contained in it. ‘ (3) A fee decided by the network operator must not be more than the reasonable cost of producing the copy.’. ENDNOTES 1. Made by the Governor in Council on 12 September 2002. 2. Notiﬁed in the gazette on 13 September 2002. 3. Laid before the Legislative Assembly on . . . 4. The administering agency is the Ofﬁce of Energy. 16 See the code, rule 22.2. 17 See the code, rule 22.3 to 22.10. 18 See the code, rule 23.