Gas Services Information Rules (2013) (WA)

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WESTERN

AUSTRALIAN

GOVERNMENT

ISSN 1448-949X PRINT POST APPROVED PP665002/00041

GAS SERVICES INFORMATION ACT 2012

GAS SERVICES INFORMATION REGULATIONS 2012

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GAS SERVICES

INFORMATION RULES

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24 June 2013 GOVERNMENT GAZETTE, WA 2563

GAS SERVICES INFORMATION ACT 2012

GAS SERVICES INFORMATION RULES

CONTENTS

PART 1—INTRODUCTORY AND ADMINISTRATIVE MATTERS

Division 1—Introduction

1 Name of Rules
2 GSI Objectives

3 Duty to act in good faith

Division 2—Interpretation

4 Interpretation
5 Single documentation

6 Effect of renumbering of provisions of the Rules

Division 3—Procedure for consultation

7 GSI Consultation Procedure

Division 4—Functions and powers of the IMO

8 Functions and powers of the IMO

Division 5—Information provision and disclosure

9 Provision of information to IMO

10 [Blank]

Division 6—Gas Advisory Board

11 IMO to establish Gas Advisory Board
12 Composition of the Gas Advisory Board
13 Appointment matters for the Gas Advisory Board
14 Constitution for the Gas Advisory Board
15 IMO to provide Secretariat for the Gas Advisory Board

16 Gas Advisory Board may establish working groups

Division 7—IMO and working groups

17 IMO may establish working groups

Division 8—GBB systems

18 GBB system requirements
19 Certifying GBB software

20 GBB system availability

PART 2—REGISTRATION

Division 1—Registration requirements

21 Registered Participants
22 Registration in relation to a Facility
23 Registration of Shippers
24 IMO to publish registration requirements
25 Applying for registration

26   Registration Application by owner controller or operator of Facility

27 Effect of registration of nominated applicant

28 Deciding a Registration Application

Division 2—Intending operators or shippers

29 Intending operator of new Facility may apply for registration
30 Intending operator of Registered Facility may apply for registration

31 Intending Shippers may apply for registration as Registered Shipper

Division 3—Multiple pipelines

32 Registration of multiple Transmission Pipelines

2564 GOVERNMENT GAZETTE, WA 24 June 2013
Division 4—Deregistration

33 Applying for deregistration of Registered Facilities
34 Deciding application for deregistration of Registered Facilities
35 Applying for deregistration for Registered Participants
36 Deciding application for deregistration of Registered Participants
37 IMO may deregister Registered Facility or Registered Participant

Division 5—Transfer of registration

38 Transfer of registration of Registered Facility
39 Deciding application to transfer registration of Registered Facility

Division 6—Exemption of Facilities from registration

40 IMO may exempt Facilities from registration

41   Intending facility operators may apply for exemption of a new Facility

42 Applying for Exemption of a Facility
43 Deciding an Exemption Application for a Facility
44 Specific exemption requirements for Transmission Pipelines
45 Specific exemption requirements for Storage Facilities
46 Specific exemption requirements for Production Facilities
47 Specific exemption requirements for Large User Facilities
48 IMO may revoke Exemption
49 Exempt operator to notify IMO of changed circumstances

Division 7—Declaration of Eligible GBB Facility

50   IMO may declare Facility to be an Eligible GBB Facility

Division 8—GSI Register

51 GSI Register

PART 3—PROVISION OF INFORMATION FOR GAS BULLETIN BOARD

Division 1—General information requirements for Gas Market Participants

52 Provision of information by Gas Market Participants
53 Provision of Contact Information

Division 2—Information requirements for Pipeline Operators

54 Facility Data for Transmission Pipelines
55 Registered Pipeline Operators to provide Nameplate Capacity Data

56   Registered Pipeline Operators to provide medium term pipeline capacity outlook

57 Registered Pipeline Operators to provide seven day Capacity Outlook
58 Registered Pipeline Operators to provide linepack capacity adequacy outlook
59 Registered Pipeline Operators to provide Nominated and Forecast Flow Data
60 Registered Pipeline Operators to provide Daily Actual Flow Data
61 PIA Pipeline Operator to provide Gas Specification Data

Division 3—Information requirements for Storage Facility Operators

62 Facility Data for Storage Facilities

63   Registered Storage Facility Operators to provide Nameplate Capacity Data

64   Registered Storage Facility Operators to provide medium term storage capacity outlook

65   Registered Storage Facility Operators to provide seven day Capacity Outlook

66   Registered Storage Facility Operators to provide linepack capacity adequacy outlook

67   Registered Storage Facility Operators to provide Nominated and Forecast Flow Data

68 Registered Storage Facility Operators to provide Daily Actual Flow Data
Division 4—Information requirements for Production Facility Operators

69 Facility Data for Production Facilities
70 Registered Production Facility Operators to provide Nameplate Capacity Data
71 Registered Production Facility Operators to provide medium term production capacity

outlook

72   Registered Production Facility Operators to provide seven day Capacity Outlook

73   Registered Production Facility Operators to provide Daily Actual Flow Data

74 PIA Production Facility Operator to provide Gas Specification Data and PIA Summary Information

75   Non-PIA Production Facility Operator to provide Gas Specification Data

Division 5—Information requirements for Large Users

76 Facility Data for Large User Facilities
77 Registered Large User to provide Nameplate Capacity Data

78 Registered Large Users to provide Daily Actual Consumption Data

PART 4—THE GAS BULLETIN BOARD

Division 1—General

79 Operation of GBB
80 Public access to GBB information
81 Information published on GBB relating to EMF
82 Zones

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Division 2—IMO to publish certain information on GBB

83 Network representation (Zone) information

84 Publication of general information on GBB

85 Publication of capacity outlook information on GBB

86   Publication of nominated and forecast flow information on GBB

87 Publication of actual flow information on GBB

88   Publication of GBB Large User Facility consumption information on GBB

89   Publication of other end user consumption information on GBB

90 Publication of gas specification information on GBB

91 Publication of map on GBB

PART 5—EMERGENCY MANAGEMENT FACILITY

Division 1—Operation of EMF

92 Emergency Management Facility of GBB

93   Coordinator of Energy to direct IMO to activate or deactivate EMF

94 Access to the EMF
95 Content of the EMF

Division 2—Provision of information for EMF

96 Gas Market Participants to provide information

97   Provision of information by Gas Market Participants for EMF

98 Registered Pipeline Operators to provide EMF Information
99 Registered Storage Facility Operators to provide EMF Information

100 Registered Production Facility Operators to provide EMF Information
101 Registered Large Users to provide EMF Information

102   Provision of information by IMO to Coordinator of Energy

PART 6—THE GAS STATEMENT OF OPPORTUNITIES

103 Publication of GSOO
104 Contents of GSOO
105 Consultation on GSOO information

106   Provision of information to the IMO for GSOO purposes

PART 7—IMO REVENUE, BUDGET, FEES AND CHARGING

Division 1—GSI Services for Allowable Revenue

107   GSI Services for determination of Allowable Revenue by ERA

Division 2—Powers of ERA to determine Allowable Revenue

108   ERA to determine Allowable Revenue and Forecast Capital Expenditure

109 Matters for consideration by ERA in determining Allowable Revenue and Forecast Capital

Expenditure

110 ERA may adjust Allowable Revenue or Forecast Capital Expenditure

Division 3—GSI Budget

111 Approval of GSI Budget by Minister
112 IMO may declare GSI Project
113 IMO to publish Approved Annual Revenue

Division 4—GSI Fees

114 IMO may recover GSI Services costs
115 Provision of Aggregated Shipper Delivery Quantities
116 Basis for calculation of GSI Fee for Registered Shipper
117 IMO to issue GSI Invoice
118 Obligation to pay GSI Invoice
119 Review of GSI Fee calculation
120 Disputes regarding GSI Invoices

Division 5—GST

121 Application of Division
122 GST definitions
123 Goods and Services Tax

124 Review of GSI Fee calculations for GST purposes

PART 8—RULE MAKING

Division 1—General

125 Rule making by the IMO
126 Ministerial policy directions
127 Rule making test
128 Factors for IMO consideration

Division 2—Initiating changes to the Rules

129 Initiating a Rule Change Proposal
130 Rule Change Proposal Form
131 IMO decision to progress a Rule Change Proposal
132 Rule Change Notice

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Division 3—Fast Track Rule Change Process

133 Consultation for Fast Track Rule Change Process

134   Final Rule Change Report for Fast Track Rule Change Process

Division 4—Standard Rule Change Process

135 Gas Advisory Board advice
136 Draft Rule Change Report
137 Final Rule Change Report

Division 5—Submissions and public forums

138 Right to make submissions
139 IMO must publish submissions
140 Public forums or workshops

Division 6—Extension of rule change timeframes

141 IMO may extend timeframes

Division 7—Protected Provisions

142 Definition of Protected Provisions
143 IMO to notify Minister at start of Rule Change Process
144 Minister must approve changes to Protected Provisions

145   Minister may extend time to approve Protected Provision Amendment

146   Approval of Minister may be deemed for Protected Provision Amendment

147   Minister to give reasons where Protected Provision Amendment not approved

148   Consultation where Minister proposes revisions to Protected Provision Amendment

Division 8—Making and commencement of Amending Rules

149 Making of Amending Rules
150 Operation and commencement of Amending Rules

151   IMO to publish up to date version of Rules

152 Evidence of the Rules

153 IMO to publish historical Rule Change Proposals

PART 9—PROCEDURES

154 IMO may make Procedures
155 Matters about which Procedures may be made
156 IMO may initiate a Procedure Change Proposal
157 Procedure Change Proposal
158 Submissions
159 Gas Advisory Board advice
160 Procedure Change Report
161 Extension of timeframes
162 Operation and commencement of Procedures

163   IMO to publish up to date version of Procedures

164 IMO to publish historical Procedure Change Proposals

PART 10—COMPLIANCE AND ENFORCEMENT

Division 1—Compliance

165 Obligation of the IMO to monitor compliance
166 Obligation to provide compliance information

167 Compliance reports
Division 2—Investigation

168 Initiating investigation of alleged breach
169 Provision of information to an investigation
170 Warning Notices
171 Actions required after issue of Warning Notice
172 Record keeping of investigation activities
173 IMO may direct a Gas Market Participant

Division 3—Compliance by the IMO

174 Annual compliance audit for the IMO

Schedule 1—Glossary
Schedule 2—Zones

Schedule 3—Savings and Transitional Rules

Part 1—Transitional rules for start of GSI Rules

Division 1—Definitions

1 Definitions

Division 2—Commencement

2 Commencement of the Rules

24 June 2013 GOVERNMENT GAZETTE, WA 2567

Division 3—General transitional rules

3 Validation of instruments and decisions of IMO
4 Validation of preparatory steps

Division 4—Transitional rules for initial registration

5 Requirement to register

Division 5—Transitional rules for initial provision of GBB information

6 Transition period for provision of Medium Term Capacity Outlook
7 Transitional rules for provision of Capacity Outlook information
8 Transitional rules for linepack capacity adequacy outlook status

9   Transitional rules for provision of Nominated and Forecast Flow Data

10 Transitional rules for provision of Daily Actual Flow Data and Daily Actual Consumption

Data

11 Transitional rules for provision of Gas Specification Data

Division 6—Transitional rule for GBB start

12 Start of operation of GBB

Division 7—Transitional rule for Initial GSOO

13 Initial GSOO

Division 8—Transitional rules for Initial Allowable Revenue and Forecast Capital

Expenditure

14 Proposal and determination for initial Allowable Revenue

Division 9—Transitional rules for Initial GSI Budget

15 Approval of initial GSI Budget Proposal by Minister

16   Adjusting for difference between initial Allowable Revenue and Approved Annual Revenue

Division 10—Transitional rules for initial GSI Invoice Period

17 Initial GSI Invoice Period

2568 GOVERNMENT GAZETTE, WA 24 June 2013

GAS SERVICES INFORMATION ACT 2012

GAS SERVICES INFORMATION RULES

PART 1—INTRODUCTORY AND ADMINISTRATIVE MATTERS

Division 1—Introduction

1 Name of Rules
These Rules (the Rules) are called the GSI Rules and are made under section 8 of the Gas Services
Information Act 2012 (the GSI Act) and the Gas Services Information Regulations 2012 (the GSI

Regulations).

2 GSI Objectives
(1) In accordance with section 6 of the GSI Act, the objectives of the Gas Bulletin Board (the GBB)
and the Gas Statement of Opportunities (the GSOO) (the GSI Objectives) are to promote the long

term interests of consumers of natural gas in relation to—

(a) the security, reliability and availability of the supply of natural gas in the State;
(b) the efficient operation and use of natural gas services in the State;
(c) the efficient investment in natural gas services in the State; and
(d) the facilitation of competition in the use of natural gas services in the State.

(2) For the purposes of subrule (1)—

(a)

the primary purpose of the GBB is to include information relating to short and near term natural gas supply and demand and natural gas transmission and storage capacity in the State; and

(b)

the primary purpose of the GSOO is to include information and assessments relating to medium and long term natural gas supply and demand and natural gas transmission and storage capacity in the State.

3 Duty to act in good faith
(1) A Gas Market Participant must perform the obligations imposed by the Rules in good faith.

(2) The IMO must exercise its powers and discharge its duties under the Rules in good faith.

Division 2—Interpretation

4 Interpretation
(1) Capitalised terms in the Rules are defined in the Glossary in Schedule 1 of the Rules.
(2) Words and expressions used in the Rules have the same meanings they have in the GSI Act and
the GSI Regulations, except so far as a contrary intention appears in the Rules.
(3) All references in the Rules to time are calculated by reference to Western Standard Time.

(4) A reference in the Rules to—

(a) Gas Day D is a reference to whichever Gas Day is designated by the relevant rule;
(b) Gas Day D-n is a reference to the Gas Day occurring n Gas Days before Gas Day D; and
(c) Gas Day D+n is a reference to the Gas Day occurring n Gas Days after Gas Day D.

(5) Transitional rules are set out in Schedule 3.
5 Single documentation
(1) This rule applies if the IMO or the ERA is authorised to prepare a document under the GSI Act,
the GSI Regulations or the Rules for a purpose and is also authorised to prepare a document for the
same or a similar, related or corresponding purpose, under the Electricity Laws.
(2) The IMO or the ERA (as applicable) may satisfy the requirements of the GSI Act, the GSI
Regulations and the Rules regarding the document under the GSI Act, the GSI Regulations or the

Rules, by preparing and making (and where relevant, publishing) a single document.

6 Effect of renumbering of provisions of the Rules
(1) The renumbering of a provision of the Rules by an Amending Rule does not affect anything done or
omitted under the provision before the Amending Rule comes into operation.
(2) A reference (however expressed) in the Rules or in any other document to that provision is taken
to be a reference to the provision as renumbered.
(3) Subrules (1) and (2) have effect whether or not the renumbered provision is also relocated.

24 June 2013 GOVERNMENT GAZETTE, WA 2569

Division 3—Procedure for consultation

7 GSI Consultation Procedure
(1) If the Rules require the IMO to make an instrument (however described) in accordance with the
GSI Consultation Procedure, the IMO must proceed in accordance with this rule.

(2) The IMO must proceed as follows—

(a)

the IMO must, after such consultation (if any) as the IMO considers appropriate, prepare a draft instrument;

(b)

the IMO must publish, on the GSI Website and in any other way the IMO considers appropriate, the draft instrument together with a notice—

(i) stating why the instrument is required;

(ii)  giving reasonable details of the context in which the draft instrument has been prepared, the issues involved and the possible effects of the instrument; and

(iii)  inviting written submissions on the draft instrument within a period (at least 20 Business Days) stated in the notice;

(c)

the IMO must publish submissions received on the GSI Website, subject to the requirements relating to Protected Information; and

(d)

the IMO must, as soon as reasonably practicable after the end of the period allowed for making submissions on the draft instrument, consider all relevant submissions made within the time allowed and make the instrument in its final form.

(3) The IMO must prepare a written notice stating the reasons for making the instrument in its final
form.
(4) After making an instrument, the IMO must, without delay, publish the instrument and the
written notice under subrule (3) relating to it on the GSI Website.
(5) Subject to any other provisions in the Rules, an instrument made in accordance with this rule
takes effect on the date provided for its commencement under the terms of the instrument or, if no

date is so provided, 10 Business Days after the date the instrument was made.

Division 4—Functions and powers of the IMO

8 Functions and powers of the IMO

(1) The IMO has the following functions and powers—

(a) to establish, operate and maintain the GBB;

(b) to register certain Gas Market Participants as Registered Participants;

(c)

to register certain Facilities as Registered Facilities, and to exempt certain facilities from the requirement to be registered;

(d) to prepare and publish the GSOO;

(e) Rule making functions;

(f) Procedure making functions;

(g) to monitor compliance by persons with the Rules or Procedures;
(h) to investigate breaches or possible breaches of the Rules or the Procedures;

(i) to take enforcement action under the GSI Regulations;

(j) information gathering and disclosure functions; and

(k)

any other functions conferred on the IMO under the GSI Act, the GSI Regulations and the Rules.

(2) The IMO has power to do all things necessary or convenient to be done for or in connection with

the performance of its functions.

Division 5—Information provision and disclosure

9 Provision of information to IMO
must do so in the manner and form (including by the date or dates) specified by the IMO.

10 [Blank]

Division 6—Gas Advisory Board

11 IMO to establish Gas Advisory Board
(1) The IMO must establish a non-voting advisory board to be known as the Gas Advisory Board.

(2) The role of the Gas Advisory Board is to advise the IMO in relation to—

(a) Rule Change Proposals and Procedure Change Proposals;

(b) matters concerning the development of the Rules and Procedures;

(c) the operation of the GBB; and

(d) the preparation of a GSOO.

2570 GOVERNMENT GAZETTE, WA 24 June 2013

(3) The IMO must, subject to applicable requirements relating to Protected Information under the GSI Act and the GSI Regulations, provide the members of the Gas Advisory Board with any information in its possession that is pertinent to the issues being addressed by the Gas Advisory Board.

12 Composition of the Gas Advisory Board

(1) The Gas Advisory Board must consist of—

(a) a chairperson, who must be a representative of the IMO;

(b) one other person from the IMO;

(c) one person nominated by the Minister representing small end use customers;

(d)

the Coordinator of Energy in the capacity of Hazard Management Agency under the Emergency Management Regulations 2006; and

(e) persons appointed by the IMO, such persons to include—

(i) two persons representing pipeline operators and owners;

(ii) two persons representing gas producers;

(iii) two persons representing gas shippers; and

(iv) two persons representing gas users.

(2) The Minister and the ERA may each appoint a representative to attend meetings of the Gas

Advisory Board as an observer.

13 Appointment matters for the Gas Advisory Board
(1) The IMO may appoint and remove members of the Gas Advisory Board in accordance with the
Rules and the Constitution.
(2) When appointing members of the Gas Advisory Board, the IMO must consult with, and take
nominations from, Gas Market Participants and gas industry groups that it considers have an
interest in the information published on the GBB and in the GSOO, and, if practicable, must choose
members from persons nominated.
(3) The IMO must annually review the composition of the Gas Advisory Board and may remove and
appoint members following the review.
(4) The IMO may remove a member of the Gas Advisory Board at any time in the following

circumstances—

(a) the person becomes an undischarged bankrupt;

(b)

the person becomes of unsound mind or his or her estate is liable to be dealt with in any way under a law relating to mental health;

(c) an event specified for this purpose in the Constitution for the Gas Advisory Board occurs; or

(d)

in the IMO’s opinion the person no longer represents the interests of the person or class of persons that he or she was appointed to represent in accordance with rule 12.

(5) A member of the Gas Advisory Board may resign by giving notice to the IMO in writing.
(6) Where a position on the Gas Advisory Board is vacant at any time, the IMO must use its
reasonable endeavours to appoint a person to fill the position, but the Gas Advisory Board may

continue to perform its functions under the Rules despite any vacancy.

14 Constitution for the Gas Advisory Board
(1) The IMO must, in accordance with the GSI Consultation Procedure, develop and publish on the
GSI Website a Constitution for the Gas Advisory Board which is consistent with the Rules.

(2) The Constitution must provide for matters such as—

(a)

the process for appointing, replacing or removing members of the Gas Advisory Board by the IMO;

(b) any terms of reference of the Gas Advisory Board;
(c) the terms and conditions for members of the Gas Advisory Board;
(d) the process for convening the Gas Advisory Board;
(e) the conduct of meetings of the Gas Advisory Board; and
(f) any governance matters where the Gas Advisory Board establishes a working group.

15 IMO to provide Secretariat for the Gas Advisory Board
(1) The IMO must provide the Secretariat for the Gas Advisory Board.
(2) The IMO, through the Secretariat, must convene the Gas Advisory Board in accordance with the

Constitution—

(a)

if the Rules require a meeting in relation to a Rule Change Proposal or a Procedure Change Proposal;

(b)

not less than once every six months in order to raise and discuss issues with respect to the operation of the GBB and the preparation of the GSOO; and

(c)

on any occasion when two or more members of the Gas Advisory Board have informed the Secretariat in writing that they wish to bring a matter relating to the matters listed in subrule 11(2) before the Gas Advisory Board for discussion.

24 June 2013 GOVERNMENT GAZETTE, WA 2571
16 Gas Advisory Board may establish working groups

matters arising in the performance of its role under the Rules.

Division 7—IMO and working groups

17 IMO may establish working groups

The IMO may establish working groups to—

(a) provide advice on specified aspects of the IMO’s functions; or
(b) undertake any other activity in relation to the IMO’s functions as is specified by the IMO.

Division 8—GBB systems

18 GBB system requirements
(1) Where the IMO uses software (GBB software) and IT systems (GBB systems) to receive, store,

collate and publish information for the operation of the GBB, the IMO must—

(a) maintain a record of which version of GBB software was used at each point in time;

(b)

where changes are made to GBB software, maintain records of the differences between each version and the reasons for the changes between versions;

(c) ensure that appropriate testing of new GBB software versions is conducted; and

(d)

ensure that any version of the GBB software used by the IMO has been certified in accordance with rule 19.

(2) The IMO may require Gas Market Participants to submit information to the IMO using GBB
systems that the IMO specifies, and may reject information submitted by any other method.
(3) The IMO must publish on the GSI Website any data and connectivity requirements (including
security standards) required for Gas Market Participants to submit information for the GBB.
(4) Gas Market Participants must comply with the data and connectivity requirements (including
security standards) published on the GSI Website.
(5) A Gas Market Participant must ensure that any of its systems which interact with the GBB
system conform to, and are operated in accordance with, the IMO’s data and connectivity
requirements (including security standards) at the point of interface.
Note: This subrule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI
Regulations, regulation 15 and Schedule 1).
(6) A Gas Market Participant must not intentionally access or use systems in a manner that will
detrimentally affect the performance and operation of the GBB system or connected software systems.
Note: This subrule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI

Regulations, regulation 15 and Schedule 1).

19 Certifying GBB software
(1) Subject to this rule, the IMO must ensure that any version of the GBB software used by the IMO
has been certified as compliant with the Rules and Procedures by an independent auditor.
(2) The IMO may implement changes to the current version of the GBB software without obtaining
certification under subrule (1) where the IMO considers that the change will not have a material

impact on any one or more of the following—

(a) the provision of information to the IMO by Gas Market Participants under the Rules;
(b) the processing and publication of information on the GBB or the EMF; or

(c) the calculation and processing of GSI Invoices.

(3) Where the IMO considers that changes to the current version of the GBB software are urgently required and essential for the efficient operation of the GBB, the IMO may implement the changes to the current version of the GBB software prior to certification under subrule (1), and must obtain that certification as soon as practicable.
20 GBB system availability
(1) Where a Gas Market Participant is unable to comply with its obligations to provide information
within a timeframe specified in the Rules or a Procedure due to a fault or outage of the GBB systems
operated by the IMO (GBB system outage), that participant will not be in breach of the relevant
obligation.
(2) The IMO must notify Registered Participants as soon as practicable when a GBB system outage
starts and ends.
(3) The IMO must give Registered Participants reasonable notice of planned GBB system outages and
must use reasonable endeavours to schedule GBB system outages at times that minimise any impact
on the provision of information for the GBB by Registered Participants.
(4) Where a Gas Market Participant is unable to comply with its obligations to provide information
within a timeframe specified in the Rules or a Procedure due to a GBB system outage, the participant
must, where practicable to do so, provide that information to the IMO as soon as reasonably
practicable after the relevant GBB system outage has ended.
(5) A Gas Market Participant must comply with its obligations to provide information to the IMO
under the Rules or a Procedure once the relevant GBB system outage has ended.

2572 GOVERNMENT GAZETTE, WA 24 June 2013

PART 2—REGISTRATION

Division 1—Registration requirements

21 Registered Participants
(1) A Gas Market Participant may be registered in accordance with this Part as a Registered
Participant.

(2) There are two types of Registered Participants—

(a) Registered Facility Operators; and
(b) Registered Shippers.

(3) A Gas Market Participant may be registered as a Registered Participant for more than one
Facility or activity.
(4) The IMO may request information from a Gas Market Participant which the IMO considers is
reasonably required for the purpose of identifying persons that may be required to register under this

Part, and the participant must comply with the request.

22 Registration in relation to a Facility
An owner, controller or operator of a Facility must, in accordance with this Part—

(a) register the facility with the IMO as a Registered Facility; and
(b) be registered with the IMO as the operator of that facility,

unless the facility is subject to an Exemption.

Note: This rule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI

Regulations, regulation 15 and Schedule 1).

23 Registration of Shippers
A person who is a Shipper must be registered with the IMO as a Registered Shipper in accordance
with this Part.
Note: This rule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI

Regulations, regulation 15 and Schedule 1).

24 IMO to publish registration requirements
requirements) for an application or request for—

(a)

registration or deregistration as a Registered Participant, including requirements for Registered Facility Operators and Registered Shippers;

(b) registration and deregistration of a Facility for each type of Registered Facility;

(c) transfer of registration of a Registered Facility; and

(d) an Exemption from registration of a Facility.

25 Applying for registration
(1) Subject to rule 26, a person must submit a Registration Application to the IMO if the person is

required—

(a) to be registered under rule 22 or rule 23; or

(b) to register a Facility under rule 22.

(2) A Registration Application submitted by a person (applicant) must be in the form specified by the

IMO on the GSI Website and must include, as applicable—

(a) Contact Information; and

(b) relevant Standing Data in relation to a Facility that is the subject of the application.

(3) If the IMO considers that a Registration Application does not provide sufficient information to accept the application then the IMO may, within 10 Business Days of receipt of the application, request further information from the applicant (a first information request).

(4) An applicant must, within 10 Business Days after receiving a first information request, provide
any further information in relation to its Registration Application requested by the IMO.
(5) If, at the end of the 10 Business Days for receipt of information under subrule (4) (the first
information request closing date), the IMO considers it does not have sufficient information to accept
the Registration Application, then it may request further information from the applicant (a second
information request) and must do so within 10 Business Days of the first information request closing
date.
(6) If a second information request is made by the IMO under subrule (5), an applicant must provide
the requested information in relation to its Registration Application within 10 Business Days after

receiving the request.

26 Registration Application by owner controller or operator of Facility
(1) An owner, controller or operator of a Facility who is required to be registered in relation to the
facility under rule 22 may nominate a person to be the applicant (nominated applicant) for
registration as the Registered Facility Operator for the facility for the purposes of the Rules.
(2) A Registration Application submitted under rule 25 by a nominated applicant must provide
information, in the form specified on the GSI Website, about each person who is an owner, controller
or operator of the relevant Facility (a related party) and the nominated applicant.

24 June 2013 GOVERNMENT GAZETTE, WA 2573

(3) The information requirements for a Registration Application under rule 24 include, for
registration of a nominated applicant as a Registered Facility Operator—

(a) the identity of the nominated applicant and of each related party;

(b)

evidence demonstrating that the nominated applicant is the appropriate person to be the Registered Facility Operator for the Facility, and has the organisational and technical capacity to meet the obligations of an operator under the Rules;

(c)

the written consent of all parties, including both the nominated applicant and the related parties; and

(d) that the nominated applicant satisfies any other relevant registration requirements.

(4) If the IMO provides a notice under subrules 28(1)(b) or (2)(b) to a nominated applicant, the IMO

must give a copy of that notice to all related parties.

27 Effect of registration of nominated applicant
(1) Subject to this rule, where a Registration Application by a nominated applicant is accepted by the

IMO—

(a)

the nominated applicant is the Registered Facility Operator for the Facility for all purposes under the Rules;

(b)

a reference in the Rules to the operator of a Facility is taken to be a reference to the person who is the nominated applicant and the Registered Facility Operator for the facility; and

(c)

an owner, controller or operator of the relevant Facility (a related party) is deemed to be exempt from the requirement to be registered under rule 22 as a Registered Facility Operator for the Facility.

(2) Subject to subrule 26(4), the IMO may fulfil any duties to the related parties under the Rules by the existing registration (as necessary) must be made to the IMO under this Part by or on behalf of all of the related parties.
performing those duties in relation to the Registered Facility Operator.
(3) The related parties must procure, and where necessary must facilitate, the compliance of the
Registered Facility Operator with its obligations under the Rules, including any obligations that, but
for the deemed exemption, would be placed on the related parties.
(4) Where a related party becomes aware of changes to the information provided in a Registration
Application about any of the parties or the Registered Facility Operator, that party must ensure that
the IMO is advised of the changes.
Note: This subrule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI
Regulations, regulation 15 and Schedule 1).
(5) If the related parties wish to alter the arrangement in relation to the person who is the Registered
28 Deciding a Registration Application
(1) If the IMO is satisfied that a Registration Application meets the relevant requirements for

registration, the IMO must, by the relevant date—

(a) accept the application;

(b) notify the applicant that its application has been accepted, and specify—

(i)   the Gas Day on which each registration takes effect; and

(ii)  where the application relates to the registration of a Facility, details of any relevant Receipt Points, Delivery Points and Gate Stations;

(c)

amend the GSI Register to record the registration of the Registered Participant or Registered Facility; and

(d) publish a notice of the change to the GSI Register on the GSI Website.

(2) If the IMO is not satisfied that a Registration Application meets the relevant requirements for

registration for any of the reasons set out in subrule (3), the IMO must, by the relevant date—

(a) refuse the application; and

(b)

notify the applicant in writing that its application has been refused and give reasons for the refusal.

(3) The IMO may only refuse a Registration Application if—

(a)

the IMO has made a request for further information to the applicant under subrules 25(3) or (5) and the applicant has not provided the information requested within the specified timeframes;

(b)

in the case of an applicant who purports to be eligible to be registered as a Registered Participant, the IMO considers that the applicant has not provided reasonable evidence that the person is eligible to be a Registered Participant; or

(c)

in the case of a Facility that the applicant purports to be eligible to be registered as a Registered Facility, the IMO considers that the applicant has not provided reasonable evidence that the facility is eligible to be a Registered Facility.

(4) In this rule—

relevant date means, in relation to a Registration Application, 10 Business Days after the latest

of—

(a)

the date of receipt of the application, where no further requests for information are made by the IMO under subrules 25(3) and (5);

2574 GOVERNMENT GAZETTE, WA 24 June 2013

(b)

the final date by which an applicant must provide information to the IMO in response to a first information request under subrules 25(3) and (4); or

(c)

the final date by which an applicant must provide information to the IMO in response to a second information request under subrules 25(5) and (6).

Division 2—Intending operators or shippers

29 Intending operator of new Facility may apply for registration
(1) A person intending to own, control or operate a new Facility (intending new facility operator) may
submit a Registration Application to the IMO in accordance with this Part prior to the
commencement of the operation of the Facility.
(2) An intending new facility operator must satisfy the IMO that it intends to operate a Facility that
requires registration before the IMO is required to accept a Registration Application.
(3) If the IMO accepts a Registration Application from an intending new facility operator prior to

commencement of the operation of the facility, registration takes effect from the later of—

(a) the Gas Day on which the relevant facility commences operation; or
(b) the Gas Day specified by the IMO in the notice under subrule 28(1)(b).

30 Intending operator of Registered Facility may apply for registration
(1) A person intending to own, control or operate a Registered Facility (intending facility operator)
who is not a Registered Participant may submit a Registration Application to the IMO in accordance
with this Part prior to the transfer of the registration of the facility.
(2) An intending facility operator must satisfy the IMO that it intends to operate a Registered Facility
before the IMO is required to accept a Registration Application.


(3) If the IMO accepts a Registration Application from an intending facility operator prior to the
transfer of registration of the Facility, registration as a Registered Participant takes effect from the

Gas Day specified by the IMO in the notice under subrule 39(1)(b).

31 Intending Shippers may apply for registration as Registered Shipper
(1) A person intending to become a Shipper (intending shipper) may submit a Registration
Application to the IMO prior to the commencement of shipper activities.
(2) An intending shipper must satisfy the IMO that it intends to carry out shipper activities that
require registration before the IMO is required to accept a Registration Application.
(3) If the IMO accepts a Registration Application from an intending shipper prior to commencement of
shipper activities, the registration as a Shipper takes effect from the date specified by the IMO in the

notice under subrule 28(1)(b).

Division 3—Multiple pipelines

32 Registration of multiple Transmission Pipelines
(1) A Gas Market Participant who operates more than one Transmission Pipeline may submit a
Registration Application to the IMO for registration of those pipelines as a single GBB Pipeline in
accordance with this Part.
(2) The IMO may only accept a Registration Application to register multiple Transmission Pipelines
as a single GBB Pipeline if the applicant demonstrates all of the requirements in subrule (3) in the
application.

(3) The requirements in respect of the Transmission Pipelines are—

(a) the same person is the operator of each of the relevant pipelines;

(b) each of the pipelines is required to be registered;

(c) all of the pipelines are physically connected; and

(d) all of the pipelines are operated as part of a single transmission pipeline system.

(4) Where the IMO registers multiple Transmission Pipelines as a single GBB Pipeline, the pipelines requirements in subrule (3).

are treated as a single Facility for the purposes of the Rules.
(5) The registration requirements published by the IMO under rule 24 may include further
requirements for registration of multiple Transmission Pipelines as a single GBB Pipeline.
(6) The operator of the Transmission Pipelines registered under this rule must give written notice to
the IMO as soon as practicable after it becomes aware that the pipelines may no longer meet the
relevant requirements in subrule (3).
Note: This subrule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI
Regulations, regulation 15 and Schedule 1).
(7) The IMO may, by notice in writing to the relevant operator, revoke the registration of multiple

Division 4—Deregistration

33 Applying for deregistration of Registered Facilities
(1) A Registered Participant registered as the operator of a Registered Facility may submit an
application to the IMO, in the form specified by the IMO on the GSI Website, to deregister that
Registered Facility if it becomes aware that the facility is no longer required to be registered.

24 June 2013 GOVERNMENT GAZETTE, WA 2575

(2) If the IMO considers that an application for deregistration does not provide sufficient information to accept the application, the IMO may, within 10 Business Days of receipt of the application, request further information from the applicant and the applicant must provide this information within 10 Business Days after receiving the request.

34 Deciding application for deregistration of Registered Facilities
(1) If the IMO is satisfied that a Registered Facility that is the subject of an application for

deregistration is no longer required to be registered, the IMO must, by the relevant date—

(a) accept the application for deregistration of the facility;

(b)

notify the applicant that its application has been accepted, and specify the Gas Day on which the deregistration takes effect;

(c) amend the GSI Register to record the deregistration of the Registered Facility; and
(d) publish a notice of the change to the GSI Register on the GSI Website.

(2) If the IMO is not satisfied that the Registered Facility that is the subject of an application for

deregistration is no longer required to be registered, the IMO must, by the relevant date—

(a) refuse the application for deregistration of the facility; and

(b)

notify the applicant in writing that its application has been refused and give reasons for the refusal.

(3) In deciding to deregister a Registered Facility, the IMO may impose obligations on the operator of
the facility, who must comply with those obligations.
Note: This subrule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI
Regulations, regulation 15 and Schedule 1).
(4) Without limitation, an obligation imposed under subrule (3) may require compliance with specified
requirements of the Rules, with any modifications specified by the IMO.
(5) Any such obligation may continue, to the extent necessary, to apply after deregistration takes
effect.
(6) In this rule—

relevant date means, in relation to an application for the deregistration of a Registered Facility, 10 Business Days after the later of—

(a)

the date of receipt of the application, where no further request for information is made by the IMO under subrule 33(2); or

(b)

the final date by which an applicant must provide information to the IMO in response to a request for further information under subrule 33(2).

35 Applying for deregistration for Registered Participants
(1) A Registered Participant may submit an application to the IMO, in the form specified by the IMO
on the GSI Website, to be deregistered if the participant considers that it no longer satisfies the
requirements for registration as a Registered Facility Operator or a Registered Shipper (as the case
may be).
(2) If the IMO considers that an application for deregistration does not provide sufficient information
to accept the application, then the IMO may, within 10 Business Days of receipt of the application,
request further information from the applicant and the applicant must provide this information

within 10 Business Days of receiving the request.

36 Deciding application for deregistration of Registered Participants
(1) If the IMO is satisfied that a Registered Participant applying for deregistration is no longer
required to be registered (whether as a Registered Facility Operator or as a Registered Shipper), the

IMO must, by the relevant date—

(a) accept the application for deregistration;

(b)

notify the applicant that its application has been accepted, and specify the Gas Day on which the deregistration takes effect;

(c) amend the GSI Register to record the deregistration of the Registered Participant; and
(d) publish a notice of the change to the GSI Register on the GSI Website.

(2) If the IMO is not satisfied that a Registered Participant applying for deregistration is no longer

required to be registered, the IMO must, by the relevant date—

(a) refuse the application for deregistration; and

(b)

notify the applicant in writing that its application has been refused and give reasons for the refusal.

(3) In deciding to deregister a Registered Shipper, the IMO may impose obligations on the
deregistered party, who must comply with those obligations.
Note: This subrule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI
Regulations, regulation 15 and Schedule 1).

(4) Without limitation, an obligation imposed on a deregistered party under subrule (3) may—

(a)

require compliance with specified requirements of the Rules, with any modifications specified by the IMO; and

(b) require payment of any outstanding fees payable under the Rules by a Registered Shipper.
2576 GOVERNMENT GAZETTE, WA 24 June 2013

(5) Any such obligation may continue, to the extent necessary, to apply after deregistration takes effect.
(6) In this rule—

relevant date means, in relation to an application for the deregistration of a Registered Participant, 10 Business Days after the later of—

(a)

the date of receipt of the application, where no further request for information is made by the IMO under subrule 35(2); or

(b)

the final date by which an applicant must provide information to the IMO in response to a request for further information under subrule 35(2).

37 IMO may deregister Registered Facility or Registered Participant
(1) This rule applies where no application for deregistration has been received by the IMO in relation
to a Registered Facility or a Registered Participant.
(2) The IMO may deregister a Registered Facility or a Registered Participant where the IMO is
satisfied that registration is no longer required.
(3) The IMO must notify a Registered Facility Operator of the decision to deregister the Registered
Facility or the Registered Facility Operator (or both) and the Gas Day on which the deregistration
takes effect.
(4) The IMO must notify a Registered Shipper of the decision to deregister the person as a shipper,
and the Gas Day on which deregistration takes effect.
(5) If the IMO decides to deregister a Registered Facility or a Registered Participant under this rule it

must—

(a)

amend the GSI Register to record the deregistration of the Registered Facility or Registered Participant; and

(b) publish a notice of the change to the GSI Register on the GSI Website.

Division 5—Transfer of registration

38 Transfer of registration of Registered Facility
(1) A Registered Participant registered as the operator of a Registered Facility may submit an
application to the IMO, in the form specified by the IMO on the GSI Website, to transfer the
registration of that facility.
(2) If the IMO considers that an application to transfer the registration of a Registered Facility does
not provide sufficient information to accept the application, the IMO may, within 10 Business Days of
receipt of the application, request further information from the applicant and the applicant must

provide this information within 10 Business Days of receiving the request.

39 Deciding application to transfer registration of Registered Facility
(1) If the IMO is satisfied that an application to transfer the registration of a Registered Facility

meets the requirements in subrule (2) the IMO must, by the relevant date—

(a) accept the application to transfer the registration of the facility;

(b)

notify the applicant that its application has been accepted and specify the Gas Day on which the transfer takes effect;

(c)

amend the GSI Register to record the transfer of the registration of the Registered Facility; and

(d) publish a notice of the change to the GSI Register on the GSI Website.

(2) The requirements for an application to transfer the registration of a Registered Facility include—

(a)

the IMO has received written consent to the transfer of the registration of the Registered Facility from both the current Registered Facility Operator of the facility and the new operator of the facility; and

(b)

the new operator is registered as a Registered Participant on or before the Gas Day specified in the notice under subrule (1)(b).

(3) If the IMO is not satisfied that an application to transfer the registration of a Registered Facility

meets the requirements in subrule (2) the IMO must, by the relevant date—

(a) refuse the application; and

(b)

notify the applicant in writing that its application has been refused and give reasons for the refusal.

(4) The IMO may impose obligations in relation to the transfer of registration of a Registered Facility,
and the old and new Registered Facility Operators of the facility must comply with those obligations.
Note: This subrule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI
Regulations, regulation 15 and Schedule 1).
(5) Without limitation, an obligation imposed under subrule (4) may require compliance with specified
requirements of the Rules, with any modifications specified by the IMO and any such obligation may
continue, to the extent necessary, to apply after the transfer of registration takes effect.
(6) In this rule—

relevant date means, in relation to an application to transfer the registration of a Registered Facility, 10 Business Days after the later of—

(a)

the date of receipt of the application, where no further request for information is made by the IMO under subrule 38(2); or

24 June 2013 GOVERNMENT GAZETTE, WA 2577

(b)

the final date by which an applicant must provide information to the IMO in response to a request for further information under subrule 38(2).

Division 6—Exemption of Facilities from registration

40 IMO may exempt Facilities from registration
(1) The IMO may decide, in accordance with this Division, to exempt a Facility from the requirement
to be registered as a Registered Facility.
(2) The IMO may grant an Exemption under this Division in relation to a Facility whether it is an

Eligible GBB Facility or is a Registered Facility.

41 Intending facility operators may apply for exemption of a new Facility
(1) A person intending to own, control or operate a new Facility (intending new facility operator) that
may be required to be registered under rule 22 may submit an Exemption Application to the IMO in
accordance with this Division prior to the commencement of the operation of the Facility.
(2) An intending new facility operator must satisfy the IMO that it intends to operate a Facility that

may require registration before the IMO is required to accept an Exemption Application.

42 Applying for Exemption of a Facility
(1) An owner, controller or operator of a Facility who is required to be registered in relation to the
facility under rule 22 may nominate a person to be the applicant (nominated applicant) to submit an
Exemption Application to the IMO for exemption from the requirement for the facility to be a
Registered Facility.
(2) An Exemption Application submitted by a nominated applicant must be in the form specified by

the IMO on the GSI Website for the particular type of Facility and must include—

(a) information about the identity of each person who is an owner, controller or operator of the relevant facility; and
(b) the written consent of all parties to the application.

(3) If the IMO considers that an Exemption Application does not provide sufficient information to accept the application, then the IMO may, within 10 Business Days after receipt of the application, request further information from the nominated applicant (a first information request).

(4) A nominated applicant must, within 10 Business Days after receiving a first information request,
provide any further information in relation to its Exemption Application requested by the IMO.
(5) If, at the end of the 10 Business Days for receipt of information under subrule (4), (the first
information request closing date) the IMO considers it does not have sufficient information to accept
the Exemption Application, then it may request further information from the nominated applicant (a
second information request) and must do so within 10 Business Days after the first information
request closing date.
(6) If a second information request is made by the IMO under subrule (5), a nominated applicant must
provide the requested information in relation to its Exemption Application within 10 Business Days
after receiving the request.
(7) If the IMO provides a notice under subrules 43(1)(b), 43(3)(b) or 48(2) to a nominated applicant,
the IMO must give a copy of that notice to all owners, controllers and operators of the relevant

facility.

43 Deciding an Exemption Application for a Facility
(1) If the IMO is satisfied that an Exemption Application in respect of a Facility meets the relevant

Exemption Criteria in rule 44, 45, 46 or 47, the IMO must, by the relevant date—

(a) accept the application;

(b)

notify the nominated applicant that the application has been accepted and specify the Gas Day on which the Exemption takes effect;

(c)

amend the GSI Register to record the Exemption of the facility and, if applicable, the deregistration of the facility; and

(d) publish a notice of the change to the GSI Register on the GSI Website.

(2) If the IMO is not satisfied that an Exemption Application meets the relevant exemption

requirements for either of the reasons set out in subrule (3), the IMO must, by the relevant date—

(a) refuse the application; and

(b)

notify the nominated applicant in writing that its application has been refused and give reasons for the refusal.

(3) The IMO may only refuse an Exemption Application in relation to a Facility if—

(a) the IMO has made a request for further information under subrules 42(3) or (5) and the applicant has not provided the information requested within the specified timeframes; or
(b) the IMO considers that the nominated applicant has not provided reasonable evidence that the facility meets the applicable Exemption Criteria.

(4) Where the IMO accepts an Exemption Application from a nominated applicant, that person is taken to be the operator and contact person in relation to the exempt Facility for all purposes under the Rules.

2578 GOVERNMENT GAZETTE, WA 24 June 2013

(5) If the IMO accepts an Exemption Application from an intending facility operator prior to

commencement of the operation of the facility, the Exemption takes effect from the later of—

(a) the Gas Day on which the relevant facility commences operation; or
(b) the Gas Day specified in the notice under subrule (1)(b).

(6) In this rule—

relevant date means, in relation to an Exemption Application, 10 Business Days after the latest

of—

(a)

the date of receipt of the application, where no further requests for information are made by the IMO under subrules 42(3) and (5);

(b)

the final date by which an applicant must provide information to the IMO in response to a first information request under subrules 42(3) and (4); or

(c)

the final date by which an applicant must provide information to the IMO in response to a second information request under subrules 42(5) and (6).

44 Specific exemption requirements for Transmission Pipelines
(1) A person who submits an Exemption Application to the IMO to have a Transmission Pipeline
exempted from the requirement to be a Registered Facility in accordance with rule 42 must satisfy
the IMO that the pipeline meets the Exemption Criteria in subrule (2).

(2) The Exemption Criteria in relation to a Transmission Pipeline are—

(a) the Nameplate Capacity of the pipeline is less than 10 TJ of natural gas per Gas Day; or
(b) the pipeline only delivers natural gas to a single Receipt Point on a single GBB Pipeline.

45 Specific exemption requirements for Storage Facilities
(1) A person who submits an Exemption Application to the IMO to have a Storage Facility exempted
from the requirement to be a Registered Facility in accordance with rule 42 must satisfy the IMO that
the facility meets the Exemption Criteria in subrule (2).

(2) The Exemption Criteria in relation to a Storage Facility are—

(a)

the Production Nameplate Capacity of the facility is less than 10 TJ of natural gas per Gas Day; or

(b) the facility is used solely as part of a Production Facility.

46 Specific exemption requirements for Production Facilities
(1) A person who submits an Exemption Application to the IMO to have a Production Facility
exempted from the requirement to be a Registered Facility in accordance with rule 42 must satisfy


the IMO that the facility meets the Exemption Criteria in subrule (2).

(2) The Exemption Criteria in relation to a Production Facility are—

(a) the Nameplate Capacity of the facility is less than 10 TJ of natural gas per Gas Day; or
(b) the natural gas from the facility does not flow (directly or indirectly) into a GBB Pipeline.

(3) Despite a Production Facility meeting the Exemption Criteria in subrule (2), the IMO may refuse

to grant an Exemption in respect of that facility if—

(a)

the facility is one of two or more facilities operated by a common Production Facility Operator; and

(b)

the aggregate of the Nameplate Capacities of all the facilities operated by the common Production Facility Operator is 10 TJ of natural gas per Gas Day or more.

47 Specific exemption requirements for Large User Facilities
(1) A person who submits an Exemption Application to the IMO to have a Large User Facility
exempted from the requirement to be a Registered Facility in accordance with rule 42 must satisfy
the IMO that the facility meets the Exemption Criteria in subrule (2).

(2) The Exemption Criteria in relation to a Large User Facility are—

(a)

the facility has not, on any single Gas Day during the last 12 month period, been delivered 10 TJ or more of natural gas; and

(b)

the applicant is able to satisfy the IMO, by providing evidence that clearly demonstrates, that the facility will not be delivered 10 TJ or more of natural gas on any single Gas Day during the coming 12 month period.

48 IMO may revoke Exemption
(1) This rule applies where a Facility has been granted an Exemption under this Division and the
IMO has reasonable grounds to believe that the Facility no longer meets the relevant Exemption
Criteria.
(2) The IMO may revoke the Exemption by notice in writing to the operator for the exempt Facility,

and the notice must include—

(a) the decision of the IMO to revoke the Exemption of a Facility and written reasons for the decision; and
(b) the Exemption Cancellation Date, which is to be no earlier than 20 Business Days after the date of the notice.

Note: A consequence of this is that the relevant facility operator will need to apply for registration under rule 25. Where for example a pipeline ceases to be exempt by virtue of this rule other persons

24 June 2013 GOVERNMENT GAZETTE, WA 2579

(e.g. production facility operators who inject gas into that pipeline or shippers on that pipeline) may
also need to apply for registration under rule 25.

(3) If the IMO revokes an Exemption under subrule (2), the IMO must, as soon as practicable—

(a) publish its reasons on the GSI Website;

(b) amend the GSI Register to record the revocation of the exemption; and
(c) publish a notice of the change to the GSI Register on the GSI Website.

(4) The IMO may cancel the notice referred to in subrule (2) at any time prior to the Exemption

Cancellation Date—

(a) of its own motion; or

(b)

on application made before that date by the owner, controller or operator of the Facility whose Exemption is to be cancelled,

if the IMO is satisfied that its notice was based on a mistake as to the facts or otherwise should

not have been issued in all the circumstances.

(5) If the IMO cancels a notice under subrule (4), it must—

(a) notify the operator of the Facility;

(b) amend the GSI Register to record the cancellation; and
(c) publish a notice of the cancellation on the GSI Website.

49 Exempt operator to notify IMO of changed circumstances
(1) An owner, controller or operator of a Facility that is the subject of an Exemption under this
Division must give written notice to the IMO as soon as practicable after it becomes aware that the
Facility may no longer meet the relevant Exemption Criteria.
(2) Where an owner, controller or operator of a Facility becomes aware of changes to the information
provided in an Exemption Application, that party must ensure that the IMO is advised of the
changes.
Note: This rule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI

Regulations, regulation 15 and Schedule 1).

Division 7—Declaration of Eligible GBB Facility

50 IMO may declare Facility to be an Eligible GBB Facility
(1) This rule applies where the IMO has reasonable grounds to believe that a Facility is not a
Registered Facility and is not the subject of an Exemption under Division 6.
(2) The IMO may, by notice in writing to an owner, controller or operator of a Facility, declare the
facility to be an Eligible GBB Facility.

(3) A notice issued under subrule (2) must include—

(a) the IMO’s reasons for its decision; and

(b)

the date by which the owner, controller or operator of the Facility must respond to the notice in accordance with subrule (4), which must be at least 20 Business Days after the date the notice is issued.

(4) If an owner, controller or operator of a Facility receives a notice from the IMO under subrule (2) it

must, by the date referred to in subrule (3)(b)—

(a) submit a Registration Application in relation to the Eligible GBB Facility; or

(b)

if an application for an Exemption in relation to the Facility has not been made in the previous 12 months and the owner, controller or operator of the facility reasonably believes the Facility meets the relevant Exemption Criteria, apply for an Exemption in relation to the Eligible GBB Facility.

(5) The IMO may cancel the notice referred to in subrule (2) at any time prior to the date referred to
in subrule (3)(b)—

(a) of its own motion; or

(b) on application made before that date by the relevant owner, controller or operator,

where the IMO is satisfied that its notice was based on a mistake as to the facts or otherwise

should not have been issued in all the circumstances.

Division 8—GSI Register

51 GSI Register
(1) The IMO must maintain and publish on the GSI Website an up to date register for the purposes of
the Rules (the GSI Register).

(2) The register must include particulars of—

(a) Registered Participants;

(b) Registered Facilities and the Registered Facility Operator responsible for each facility; and

(c) Exemptions of Facilities granted under this Part.

(3) The IMO may, from time to time, amend the GSI Register as it considers necessary to ensure that
the particulars on the register are at all times accurate.

2580 GOVERNMENT GAZETTE, WA 24 June 2013

(4) Where for any reason the GSI Register is amended, the IMO must publish a notice of the change

on the GSI Website as soon as practicable.

PART 3—PROVISION OF INFORMATION FOR GAS BULLETIN BOARD

Division 1—General information requirements for Gas Market Participants

52 Provision of information by Gas Market Participants
information must be provided by that person in accordance with the GSI Act, the GSI Regulations, the Rules and any applicable Procedures.
53 Provision of Contact Information
(1) Each Registered Participant must provide the IMO with up to date Contact Information for
publishing on the GBB and must ensure that its Contact Information is kept up to date at all times.
(2) Any other Gas Market Participant may provide the IMO with contact details for publishing on the
GBB and, where this occurs, the participant must advise the IMO as soon as reasonably practicable of
any changes to those details.
Note: Subrules (1) and (2) are civil penalty provisions for the purposes of the GSI Regulations. (See
the GSI Regulations, regulation 15 and Schedule 1).

(3) Contact Information includes—

(a) company name and ACN of the Registered Participant;
(b) ABN of the Registered Participant;

(c) company address details, including office and postal addresses for the Registered Participant;

(d) a company telephone number for the Registered Participant;

(e) contact details for a primary contact person including the person’s name, company, position, telephone number, mobile number (if available) and email address; and
(f) the details of any alternate contacts provided under subrule (4).

(4) A Registered Participant may record with the IMO one or more alternate contacts and must, for each alternate contact, provide the IMO with the person’s name, company, position, telephone number, mobile number (if available) and email address.

(5) Contact Information must be provided to the IMO as part of a Registration Application, and then

as soon as practicable following any changes to the information.

Division 2—Information requirements for Pipeline Operators

54 Facility Data for Transmission Pipelines
(1) A Pipeline Operator who submits a Registration Application in relation to a Transmission Pipeline

must provide Facility Data that identifies for that pipeline—

(a)

all physical receipt points and delivery points, and the Production Facilities, Storage Facilities and other Transmission Pipelines to which they connect;

(b)

all notional receipt points and notional delivery points utilised by the Pipeline Operator, including the corresponding physical receipt points and delivery points;

(c) all Shippers that use the Transmission Pipeline; and

(d) all physical delivery points that serve Distribution Systems, including those physical delivery points that serve a Distribution System where more than one gas retailer can sell gas in accordance with an approved Retail Market Scheme under the Energy Coordination Act 1994.

(2) A Registered Pipeline Operator must, as soon as practicable after receiving notice from the IMO under subrule 28(1)(b) of the acceptance of a Registration Application for a Transmission Pipeline, provide to the IMO the Nameplate Capacities of each Gate Station connected to that pipeline.

(3) A Registered Pipeline Operator must notify the IMO of any changes to its Facility Data as soon as practicable after it becomes aware that the Facility Data it has provided to the IMO is no longer accurate.
Note: Subrules (1), (2) and (3) are civil penalty provisions for the purposes of the GSI Regulations.
(See the GSI Regulations, regulation 15 and Schedule 1).
(4) The IMO must amend the Facility Data to reflect any changes notified by a Registered Pipeline

Operator in relation to a GBB Pipeline that it operates.

55 Registered Pipeline Operators to provide Nameplate Capacity Data
(1) A Registered Pipeline Operator must provide the IMO with the Nameplate Capacity Data for each
GBB Pipeline that it operates by 31 March each year.
(2) A Registered Pipeline Operator must notify the IMO of any changes to the Nameplate Capacity

Data as soon as practicable after it becomes aware that—

(a)

Nameplate Capacity Data it has provided to the IMO is no longer accurate due to changes in the capacity of a GBB Pipeline or Gate Station (as applicable);

(b)

the changes in capacity are more than 10% of the relevant component of current Nameplate Capacity Data; and

(c) the changes are likely to impact the GBB Pipeline or Gate Station for more than one year.
24 June 2013 GOVERNMENT GAZETTE, WA 2581
Note: This rule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI
Regulations, regulation 15 and Schedule 1).
56 Registered Pipeline Operators to provide medium term pipeline capacity outlook
(1) A Registered Pipeline Operator must submit a Medium Term Capacity Outlook to the IMO for
each of its GBB Pipelines by the start of each calendar month, and that outlook must cover the period
of 12 months from the start of that month.
Note: This subrule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI
Regulations, regulation 15 and Schedule 1).
(2) The Medium Term Capacity Outlook must include Planned Service Notifications for all planned
work on the GBB Pipeline during the period covered by the outlook, which the operator reasonably
expects to have a material impact on the capacity of the pipeline.
(3) A Planned Service Notification must include—

(a) the identity of the GBB Pipeline;

(b) expected start and end dates of the capacity change;
(c) the expected capacity of the GBB Pipeline during that period as a result of the work; and
(d) a text description of the nature and location of the work.

(4) A Registered Pipeline Operator must, as soon as practicable, submit a revised Medium Term Capacity Outlook to the IMO if the operator considers that there has been a material change to the information contained in the outlook, but need not submit a revised outlook for Gas Days within the period covered by Capacity Outlooks already provided under rule 57.

Note: This subrule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI
Regulations, regulation 15 and Schedule 1).
(5) For the purposes of subrules (2) and (4), a material impact or change means a change to capacity

that is more than the greater of 10% of Nameplate Capacity or 10 TJ per day.

57 Registered Pipeline Operators to provide seven day Capacity Outlook
(1) Subject to subrules (3) and (4), a Registered Pipeline Operator must, by 6:00 PM on each Gas Day
D, provide to the IMO a Capacity Outlook for each of its GBB Pipelines for each of the Gas Days from
Gas Day D+1 to Gas Day D+7 inclusive.
(2) If, before 9:00 AM or 1:00 PM on a Gas Day D, a Registered Pipeline Operator becomes aware of a
change to the most recently provided or deemed Capacity Outlook for any of its GBB Pipelines for a
Gas Day that has not yet ended, the operator must provide to the IMO an updated Capacity Outlook
for the Gas Day by 9.00 AM or 1.00 PM on Gas Day D (whichever is relevant).
Note: Subrules (1) and (2) are civil penalty provisions for the purposes of the GSI Regulations. (See
the GSI Regulations, regulation 15 and Schedule 1).
(3) If a Capacity Outlook for a Gas Day has been previously provided to the IMO (or deemed by the
IMO under subrule (5)) and the Registered Pipeline Operator considers that no change is required,
then it is not required to submit a Capacity Outlook for that Gas Day again.
(4) If a Registered Pipeline Operator considers that the Capacity Outlook for Gas Day D+7 is the
same as the last Capacity Outlook for Gas Day D+6 that was provided to the IMO (or deemed by the
IMO under subrule (5)) then the operator is not required to submit a Capacity Outlook for Gas Day
D+7.
(5) If the IMO has not received a Capacity Outlook for a GBB Pipeline for Gas Day D+7 by 6:00 PM on
Gas Day D, but it does have a Capacity Outlook for Gas Day D+6, then the IMO must deem the
Capacity Outlook for the GBB Pipeline for Gas Day D+7 to be the same as the current Capacity

Outlook for Gas Day D+6.

58 Registered Pipeline Operators to provide linepack capacity adequacy outlook

that pipeline for Gas Day D+3 to be the same as the current LCA Flag for Gas Day D+2.

(1) Subject to subrules (4) and (5), a Registered Pipeline Operator must, by 6:00 PM on each Gas Day
D, provide to the IMO an LCA Flag for each of its GBB Pipelines for each of the Gas Days from Gas
Day D+1 to Gas Day D+3 inclusive.
(2) If a Registered Pipeline Operator becomes aware of a change to the most recently provided or
deemed LCA Flag for a GBB Pipeline for a Gas Day that has not yet ended, then the operator must
provide to the IMO an updated LCA Flag for that Gas Day as soon as practicable.
Note: Subrules (1) and (2) are civil penalty provisions for the purposes of the GSI Regulations. (See
the GSI Regulations, regulation 15 and Schedule 1).
(3) Where a Registered Pipeline Operator operates a GBB Pipeline that is located in more than one
Zone, the operator must provide a separate LCA Flag for each part of the pipeline located in each
relevant Zone.
(4) If an LCA Flag for a GBB Pipeline for a Gas Day has been previously provided to the IMO (or
deemed by the IMO under subrule (6)) and the Registered Pipeline Operator considers that no change
is required, then it is not required to submit an LCA Flag for that pipeline and Gas Day again.
(5) If a Registered Pipeline Operator considers that the LCA Flag for a GBB Pipeline for Gas Day D+3
is the same as the last LCA Flag for Gas Day D+2 that was provided to the IMO (or deemed by the
IMO under subrule (6)) then the operator is not required to submit an LCA Flag for that pipeline for
Gas Day D+3.
(6) If the IMO has not received an LCA Flag for a GBB Pipeline for Gas Day D+3 by 6:00 PM on Gas

2582 GOVERNMENT GAZETTE, WA 24 June 2013

59 Registered Pipeline Operators to provide Nominated and Forecast Flow Data
(1) A Registered Pipeline Operator must, by 6:00 PM on each Gas Day D, provide to the IMO for each

Delivery Point on each of its GBB Pipelines—

(a)

the aggregate quantity of gas nominated by Shippers to be withdrawn at the Delivery Point on Gas Day D+1; and

(b)

the aggregate quantity of gas forecasted by Shippers to be withdrawn at the Delivery Point on each of Gas Days D+2 to D+7 inclusive, if the operator has been provided with forecast quantities by Shippers on the GBB Pipeline.

(2) A Registered Pipeline Operator must, by 6:00 PM on each Gas Day D, provide to the IMO for each

Receipt Point on each of its GBB Pipelines—

(a) the aggregate quantity of gas nominated by Shippers to be injected at the Receipt Point on Gas Day D+1; and
(b) the aggregate quantity of gas forecasted by Shippers to be injected at the Receipt Point on each of Gas Days D+2 to D+7 inclusive, if the operator has been provided with forecast quantities by Shippers on the GBB Pipeline.

(3) If, before 9:00 AM or 1:00 PM on a Gas Day D a Registered Pipeline Operator becomes aware of a change to the most recently provided Nominated and Forecast Flow Data for any of its GBB Pipelines for a Gas Day that has not yet ended, the operator must provide to the IMO updated Nominated and Forecast Flow Data for the Gas Day by 9.00 AM or 1.00 PM on Gas Day D (whichever is relevant).

Note: This rule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI

Regulations, regulation 15 and Schedule 1).

60 Registered Pipeline Operators to provide Daily Actual Flow Data
A Registered Pipeline Operator must, for each of its GBB Pipelines, provide the IMO with Daily
Actual Flow Data for each Gas Day D by 2.00 PM on Gas Day D+2.
Note: This rule is a civil penalty provision for the purposes of the GSI Regulations. (See the GSI

Regulations, regulation 15 and Schedule 1).

61 PIA Pipeline Operator to provide Gas Specification Data
(1) A PIA Pipeline Operator must provide to the IMO on registration of the PIA Pipeline, or as
specified in subrule (4), as applicable, information identifying the delivery point into a gas
Distribution System in relation to which the operator is required to provide Gas Specification Data.
(2) A PIA Pipeline Operator must, in respect of each of its GBB Pipelines, provide Gas Specification
Data to the IMO for each Gas Day D, by 2:00 PM on Gas Day D+8.
Note: Subrules (1) and (2) are civil penalty provisions for the purposes of the GSI Regulations. (See
the GSI Regulations, regulation 15 and Schedule 1).
(3) A PIA Pipeline Operator is not required to provide the information in subrule (2) in relation to a
Gas Day until the first Gas Day, on or after the commencement of this rule, that the gas which is the
subject of the PIA starts to flow.
(4) Where a Registered Pipeline Operator enters into a PIA after the registration of the relevant GBB
Pipeline, the operator must provide the information required under subrule (1) to the IMO within 20

Business Days after the PIA is entered into.

Division 3—Information requirements for Storage Facility Operators

Regulations.

IMO means the Independent Market Operator.

Independent Market Operator means the body established under the Electricity Industry

(Independent Market Operator) Regulations 2004.

Large User means a Gas Market Participant who operates a Large User Facility.

Large User Facility means a User Facility with a Nameplate Capacity of at least 10 TJ per day that

is connected—

(a) to a GBB Pipeline; or

(b) to a Distribution System that is connected to a GBB Pipeline.

LCA Flag means for a Gas Day—

(a)

for a GBB Pipeline (or part of a GBB Pipeline within a Zone), a green, amber or red flag indicating the actual or expected capability of the pipeline to meet the relevant delivery nominations within the Zone for that Gas Day based on the pipeline’s linepack and capacity, where—

(i) a green flag indicates normal operation;

(ii)   an amber flag indicates likely curtailment of interruptible gas flows; and

(iii)   a red flag indicates likely curtailment of firm gas flows; and

2610 GOVERNMENT GAZETTE, WA 24 June 2013

(b)

for a GBB Storage Facility, a green, amber or red flag indicating the best estimate of the Registered Storage Facility Operator of the number of days for which supply of natural gas can be maintained at maximum operational outlet capacity (allowing for forecast refilling), where—

(i) a green flag indicates more than seven days;

(ii)   an amber flag indicates three to seven days; and

(iii) a red flag indicates less than three days.

Medium Term Capacity Outlook means—

(a)

a medium term capacity outlook provided to the IMO by a Registered Pipeline Operator in accordance with rule 56;

(b)

a medium term capacity outlook provided to the IMO by a Registered Storage Facility Operator in accordance with rule 64; and

(c)

a medium term capacity outlook provided to the IMO by a Registered Production Facility Operator in accordance with rule 71.

Minister means the Minister responsible for the administration of the GSI Act.

Nameplate Capacity means—

(a)

for a Transmission Pipeline, the maximum quantity of natural gas that, under normal operating conditions, can be delivered through the pipeline on a Gas Day;

(b)

for a Gate Station, the maximum quantity of natural gas that, under normal operating conditions, can be delivered from a GBB Pipeline to the Gate Station on a Gas Day;

(c)

for a Production Facility, the maximum quantity of natural gas that, under normal operating conditions, can be produced by the Facility and injected into one or more GBB Pipelines on a Gas Day;

(d)

for a User Facility, the maximum quantity of natural gas that can be delivered to the Facility on a Gas Day (i.e. that the connection to the Facility is capable of allowing); and

(e) for a Storage Facility—

(i) Production Nameplate Capacity;

(ii) Refill Nameplate Capacity; and

(iii) Storage Nameplate Capacity.

Nameplate Capacity Data means—

(a) for a GBB Pipeline—

(i) the Nameplate Capacity of the Transmission Pipeline; and

(ii)   the Nameplate Capacity of each Gate Station connected to the Transmission Pipeline;

(b) for a GBB Storage Facility—

(i) the Production Nameplate Capacity;

(ii) the Refill Nameplate Capacity; and

(iii) the Storage Nameplate Capacity;

(c) for a GBB Production Facility, the Nameplate Capacity of that Production Facility; and
(d) for a GBB Large User Facility, the Nameplate Capacity of that Large User Facility.

Nominated and Forecast Flow Data means data that is required to be provided to the IMO—

(a) for a GBB Pipeline under rule 59; and
(b) for a GBB Storage Facility under rule 67.

PIA means a Pipeline Impact Agreement within the meaning of the GQS Act.
PIA Pipeline has the meaning given in the GQS Act.

PIA Pipeline Operator means a Registered Pipeline Operator of a GBB Pipeline that—

(a) is a PIA Pipeline at the time it becomes a Registered Facility; or
(b) becomes a PIA Pipeline after it becomes a Registered Facility.

PIA Production Facility means a Production Facility that is the subject of a PIA.

PIA Production Facility Operator means a Registered Production Facility Operator that—

(a) is a party to a PIA with an operator of a PIA Pipeline at the time when the GBB Production Facility that it operates becomes a Registered Facility; or
(b) enters into a PIA with the operator of a PIA Pipeline after the GBB Production Facility that it operates becomes a Registered Facility.

PIA Summary Information means a summary of those parts of a PIA that cover the requirements of section (7)(1)(a),(b),(c) and (d) of the GQS Act that indicates how the agreement meets those requirements, and is provided to the IMO under rule 74.

Pipeline Operator means a Gas Market Participant who is a service provider and who operates a

Transmission Pipeline.

Planned Service Notification means a notification of planned work on a Facility during the period covered by a Medium Term Capacity Outlook that is expected to have a material impact on the capacity of the facility while the work is being undertaken.
Procedure means a procedure made under Part 9.

24 June 2013 GOVERNMENT GAZETTE, WA 2611

Procedure Change Proposal means a proposal to make a Procedure under rule 157.
Procedure Change Report means a report published by the IMO under rule 160.

Production Facility means a facility at which natural gas is produced for injection into one or more

GBB Pipelines.

Production Facility Operator means a Gas Market Participant who operates a Production

Facility.

Production Nameplate Capacity means, in relation to a Storage Facility, the maximum quantity of natural gas that, under normal operating conditions, can be withdrawn from the Storage Facility for injection into GBB Pipelines on a Gas Day.
Protected Information has the meaning given in the GSI Act.

Protected Provision means a provision of the Rules that may only be amended with the approval of

the Minister (see rule 142).

Protected Provision Amendment means Amending Rules included in a Final Rule Change Report, where those Amending Rules modify, whether directly or indirectly, a Protected Provision.
Receipt Point means a notional point which represents the aggregation of one or more physical receipt points at which gas is injected into a GBB Pipeline, as determined by the IMO from information provided by Pipeline Operators under subrule 54(1).

Reference Specification has the meaning given in the GQS Act.

Refill Nameplate Capacity means, in relation to a Storage Facility, the maximum quantity of

natural gas that the Storage Facility can receive and inject into storage on a Gas Day under
normal operating conditions.

Registered Facility means a GBB Pipeline, a GBB Storage Facility, a GBB Production Facility or a GBB Large User Facility.

Registered Facility Operator means a Registered Pipeline Operator, a Registered Storage Facility Operator, a Registered Production Facility Operator or a Registered Large User.
Registered Large User means a Gas Market Participant registered by the IMO as the operator of a GBB Large User Facility.

Registered Participant means a Gas Market Participant registered as a Registered Facility Operator or Registered Shipper.
Registered Pipeline Operator means a Gas Market Participant registered by the IMO as the operator of a GBB Pipeline.
Registered Production Facility Operator means a Gas Market Participant registered by the IMO as the operator of a GBB Production Facility.
Registered Shipper means a Gas Market Participant who is a Shipper and is registered by the IMO under the Rules.
Registered Storage Facility Operator means a Gas Market Participant registered by the IMO as the operator of a GBB Storage Facility.
Registration Application means an application under rule 25—

(a) for registration of a Facility as a Registered Facility;

(b)

for registration of the operator of a Facility as the Registered Facility Operator for that facility; or

(c) for registration as a Registered Participant.

Relevant Gas Day means the Gas Day that the Coordinator of Energy nominates as the day on which a Production Facility Operator commences to comply with rule 75.

Review Period means—

(a) in the case of the initial Review Period, the three year period commencing on 1 July 2013; and

(b)

in the case of each subsequent Review Period, the three year period commencing on the third anniversary of the commencement of the previous Review Period.

Reviewable Decision has the meaning given in regulation 25(1) of the GSI Regulations.
Rule Change Notice means a notice issued by the IMO in accordance with rule 132.

Rule Change Proposal means a proposal made in accordance with rule 129 requesting that the

IMO make Amending Rules.

Rule Change Proposal Form means a form published by the IMO on the GSI Website for the purposes of initiating a Rule Change Proposal (see rule 130).
Rules means the GSI Rules as in force from time to time.

Secretariat means, in relation to the Gas Advisory Board, the unit within the IMO that provides

administrative support to the Gas Advisory Board.

Shipper means a user or non-scheme pipeline user (within the meaning of the National Gas Access (Western Australia) Law) who—

(a)

is a party to a contract with a service provider of a GBB Pipeline under which that service provider provides or intends to provide a pipeline service to that person by means of a GBB Pipeline; or

(b)

has a right under an access determination to be provided with a pipeline service by means of a GBB Pipeline.

2612 GOVERNMENT GAZETTE, WA 24 June 2013

Standard Rule Change Process means the process set out in Division 4 of Part 8 of the Rules.

Standing Data includes—

(a) Facility Data;
(b) Nameplate Capacity Data;

(c) information provided under subrule 61(1); and

(d) EMF Information.

Storage Facility means a facility that stores natural gas for injection into one or more GBB

Pipelines.

Storage Facility Operator means a person who operates a Storage Facility.

Storage Nameplate Capacity means, in relation to a Storage Facility, the maximum quantity of

useable natural gas that the Storage Facility can hold in storage.

TJ means terajoule.

Transmission Pipeline means—

(a) a pipeline that is classified as a Transmission Pipeline; or
(b) a pipeline that would be likely to be classified in accordance with the pipeline classification criterion as a Transmission Pipeline,

within the meaning of the National Gas Access (Western Australia) Law. User Facility means a facility of a user (within the meaning of the GSI Act). Warning Notice means a notice issued by the IMO under rule 170 to a Gas Market Participant.

Western Standard Time means Coordinated Universal Time (UTC) + 8 hours.

Westplan means the “State Emergency Management Plan—Gas Supply Disruption” prepared under

section 18 of the Emergency Management Act 2005.

Zone means a zone set out in Schedule 2 to these Rules.

————

SCHEDULE 2—ZONES

(Subrule 82(1))

(1) Schedule 2 specifies the Zones for which information is published on the GBB.
(2) The Zones listed in the table below include the specified Transmission Pipeline (or part thereof)

and all Receipt Points and Delivery Points connected to those pipelines (or parts of pipelines).

Zone Name Description
Dampier The Dampier to Bunbury Natural Gas Pipeline (DBNGP) upstream of Compressor
Station 7 (CS7) and the Burrup Extension Pipeline.
Metro The DBNGP from CS7 to CS10.
Parmelia The Parmelia Gas Pipeline.
South West The DBNGP downstream of CS10.
Karratha The Pilbara Energy Pipeline.
Telfer The Telfer Pipeline and Nifty Lateral Pipeline.
Pilbara The Goldfields Gas Pipeline (GGP) upstream of and including the Delivery Point
connecting the GGP to the Newman Lateral.
Goldfields The GGP downstream of the Newman Lateral to, and including, the Leonora
Delivery Point.
Mid-West The Midwest Pipeline.
Kalgoorlie The GGP downstream of the Leonora Delivery Point and the Kalgoorlie to
Kambalda Interconnect Pipeline.
24 June 2013 GOVERNMENT GAZETTE, WA 2613

seven day Capacity Outlook means a Capacity Outlook provided on a Gas Day D for Gas Day D+1 to Gas Day D+7 (inclusive);

seven day forecast flow data means—

(a) for a GBB Pipeline, the data required under subrules 59(1)(b) and (2)(b); and
(b) for a GBB Storage Facility, the data required under subrules 67(1)(c) and (d);

three day Capacity Outlook means a Capacity Outlook provided on a Gas Day D for Gas Day D+1 to Gas Day D+3 (inclusive);

three day forecast flow data means, with respect to a Gas Day D—

(a) for a GBB Pipeline, for each Delivery Point and Receipt Point, the aggregate quantity of gas forecasted by Shippers to be withdrawn or injected at the Delivery Point or Receipt Point on each of Gas Days D+2 to D+3 (inclusive), if the Registered Pipeline Operator has been provided with forecast quantities by Shippers on the GBB Pipeline; and
(b) for a GBB Storage Facility, for each Delivery Point and Receipt Point on a GBB Pipeline to which the Facility is connected, the aggregate quantity of gas forecasted by Shippers to be—

(i)   withdrawn from each Delivery Point and injected into the GBB Storage Facility on each of Gas Days D+2 to D+3 inclusive; and

(ii)  withdrawn from the GBB Storage Facility and injected into each Receipt Point on each of Gas Days D+2 to D+3 inclusive,

if the Registered Storage Facility Operator has been provided with forecast quantities by

Shippers; and

transition period means 2 years commencing on 1 August 2013.

DIVISION 2—COMMENCEMENT

2 Commencement of the Rules
Subject to Divisions 3 to 10 of this Part, these Rules commence at 8:00 AM on the day following the
day on which the Gas Services Information Amendment Regulations (No. 2) 2013 are published in the

Government Gazette.

DIVISION 3—GENERAL TRANSITIONAL RULES

3 Validation of instruments and decisions of IMO

(1) This rule applies to an instrument or a decision made by the IMO if—

(a) the instrument or decision was made—

(i)   on or after the time that the GSI Regulations first came into operation; but

(ii)   before the time that the GSI Rules commenced; and

(b)

the making of the instrument or decision would have been authorised by the GSI Rules if the Rules had commenced; and

(c)

in a case in which the making of the instrument or decision would be authorised subject to the satisfaction of any conditions or other requirements (for example, consultation or publication requirements), the IMO has done anything that would, if the Rules had commenced, be required under the Rules for the instrument or decision to be authorised.

(2) For the purposes of the GSI Rules—

(a) the instrument or decision is taken to be valid; and
(b) the instrument or decision has effect from the GSI Rules commencement date—

(i)  as varied by any other instrument or decision to which this rule applies (unless revoked); and

(ii) subject to the Rules as so applying.

(3) For the purposes of this rule—

(a) the Constitution or Procedures are examples of an instrument; and

(b) appointments and approvals are examples of decisions.

4 Validation of preparatory steps

(1) This rule applies if—

(a)

the IMO is required to do something (a preparatory step) before making a decision or making an instrument under the GSI Rules; and

(b) the IMO takes the preparatory step—

(i)   on or after the time that the GSI Regulations first came into operation; but

(ii)   before the time that the GSI Rules commenced.

(2) For the purposes of the Rules, the IMO is taken to have complied with the requirement to take the
preparatory step.

2614 GOVERNMENT GAZETTE, WA 24 June 2013

DIVISION 4—TRANSITIONAL RULES FOR INITIAL REGISTRATION

5 Requirement to register
(1) By 4 June 2013, each person that is required to register a Transmission Pipeline under rule 22

must—

(a)

submit a Registration Application to register the pipeline and the person as the operator of the pipeline under Division 1 of Part 2 of the Rules; or

(b) submit an Exemption Application for the pipeline under Division 6 of Part 2 of the Rules.

(2) By 1 July 2013, each person that is required to register a Facility (other than a Transmission

Pipeline) under rule 22 must—

(a)

submit a Registration Application to register the facility and the person as the operator of the facility under Division 1 of Part 2 of the Rules; or

(b) submit an Exemption Application for the facility under Division 6 of Part 2 of the Rules.

(3) By 1 July 2013, each person that is required to be registered as a Registered Shipper under rule 23
must submit a Registration Application under Division 1 of Part 2 of the Rules.
(4) A Gas Market Participant or Facility that is initially registered or exempted in accordance with
this rule is taken to be registered or exempted under Part 2 of the Rules.
(5) The particulars of the Gas Market Participants or Facilities that are initially registered or

exempted under this rule must be included in the GSI Register.

DIVISION 5—TRANSITIONAL RULES FOR INITIAL PROVISION

OF GBB INFORMATION

6 Transition period for provision of Medium Term Capacity Outlook

(1) This rule applies to the Medium Term Capacity Outlook information to be provided by—

(a) a Registered Pipeline Operator under rule 56;

(b) a Registered Storage Facility Operator under rule 64; and

(c) a Registered Production Facility Operator under rule 71.

(2) The initial Medium Term Capacity Outlook information must be provided to the IMO by 1 August
2013, for the 12 months commencing 1 August 2013.
(3) During the transition period, a Registered Pipeline Operator, a Registered Production Facility
Operator or a Registered Storage Facility Operator may satisfy the requirement to provide to the IMO
a Medium Term Capacity Outlook by providing regular maintenance reports to the IMO for each
Facility that it operates.

(4) An operator referred to in subrule (3) must provide maintenance reports to the IMO—

(a) in accordance with any applicable Procedures; and

(b) at the same frequency and in a similar form as the relevant operator provides the reports to Shippers.

(5) For the purposes of rule 85, during the transition period, where a maintenance report is provided to the IMO, the IMO may satisfy the requirement to publish a Medium Term Capacity Outlook by publishing the information contained in a maintenance report.

7 Transitional rules for provision of Capacity Outlook information

(1) This rule applies to the Capacity Outlook information to be provided by—

(a) a Registered Pipeline Operator under rule 57;

(b) a Registered Storage Facility Operator under rule 65; and

(c) a Registered Production Facility Operator under rule 72.

(2) The initial Capacity Outlook information must be provided to the IMO by 6:00 PM on 31 July
2013, for the Gas Day commencing at 8:00 AM on 1 August 2013.
(3) During the transition period, a Registered Pipeline Operator, a Registered Storage Facility
Operator or a Registered Production Facility Operator may satisfy the requirement to provide to the
IMO a seven day Capacity Outlook by providing to the IMO a three day Capacity Outlook for each
Facility.
(4) For the purposes of rule 85, during the transition period, where a three day Capacity Outlook is
provided to the IMO, the IMO may satisfy the requirement to publish a seven day Capacity Outlook
by publishing the three day Capacity Outlook.

8 Transitional rules for linepack capacity adequacy outlook status (1) This rule applies to the initial LCA Flag information to be provided by—

(a) a Registered Pipeline Operator under rule 58; and
(b) a Registered Storage Facility Operator under rule 66.

(2) The initial LCA Flag information must be provided to the IMO by 6:00 PM on 31 July 2013, for the

Gas Day commencing at 8:00 AM on 1 August 2013.

9 Transitional rules for provision of Nominated and Forecast Flow Data
(1) The initial Nominated and Forecast Flow Data must be provided to the IMO by 6:00 PM on 31
July 2013, for the Gas Day commencing at 8:00 AM on 1 August 2013.

24 June 2013 GOVERNMENT GAZETTE, WA 2615

(2) During the transitional period, a Registered Pipeline Operator or a Registered Storage Facility Operator may satisfy the requirement to provide Nominated and Forecast Flow Data to the IMO by providing three day forecast flow data to the IMO for each Facility instead of seven day forecast flow data.

(3) For the purposes of rule 86, during the transition period, where three day forecast flow data is provided to the IMO, the IMO may satisfy the requirement to publish Nominated and Forecast Flow Data by publishing the three day forecast flow data.
10 Transitional rules for provision of Daily Actual Flow Data and Daily Actual
Consumption Data
(1) The initial Daily Actual Flow Data must be provided to the IMO by 2:00 PM on 3 August 2013, for
the Gas Day commencing at 8:00 AM on 1 August 2013.
(2) The initial Daily Actual Consumption Data must be provided to the IMO by 2:00 PM on 3 August

2013, for the Gas Day commencing at 8:00 AM on 1 August 2013.

11 Transitional rules for provision of Gas Specification Data

on 9 August 2013, for the Gas Day commencing at 8:00 AM on 1 August 2013.

DIVISION 6—TRANSITIONAL RULE FOR GBB START

12 Start of operation of GBB
(1) Subject to subrule (2), the IMO is not required to comply with the obligation to operate the GBB
and publish information in accordance with Parts 4 and 5 of the Rules until 1 August 2013.
(2) The IMO is not required to publish actual flow or consumption information under rules 87, 88 and
89, or gas specification information under rule 90, until the IMO has received the relevant data under

Division 5 of this Schedule.

DIVISION 7—TRANSITIONAL RULE FOR INITIAL GSOO

13 Initial GSOO
(1) The IMO must publish an initial GSOO by 31 July 2013.
(2) The period covered by the initial GSOO must commence on 1 January 2013.
(3) The content of the initial GSOO is to be determined by the IMO, having regard to the
requirements of Part 6 and the information available to the IMO.
(4) The requirements of Part 6 of the Rules are taken to be satisfied by the publication of an initial
GSOO under this rule until the IMO publishes a GSOO in accordance with Part 6 by 31 December

2013.

DIVISION 8—TRANSITIONAL RULES FOR INITIAL ALLOWABLE REVENUE

AND FORECAST CAPITAL EXPENDITURE

14 Proposal and determination for initial Allowable Revenue
(1) The IMO must submit an initial Allowable Revenue and Forecast Capital Expenditure proposal to
the ERA under rule 108 for the initial Review Period by 30 April 2013, or the first Business Day
following the day these Rules commence, whichever is later.
(2) The ERA must determine the Allowable Revenue and Forecast Capital Expenditure of the IMO for
the initial Review Period in accordance with Part 7 of the Rules within four calendar months of the
date it is submitted by the IMO under subrule (1).
(3) The ERA may amend or adjust the initial Allowable Revenue and Forecast Capital Expenditure
determined under this rule and Part 7 of the Rules in the same way as Allowable Revenue and

Forecast Capital Expenditure determined under rule 108.

DIVISION 9—TRANSITIONAL RULES FOR INITIAL GSI BUDGET

15 Approval of initial GSI Budget Proposal by Minister
(1) Part 7 of the Rules applies to the initial GSI Budget Proposal subject to the modifications in this
rule.
(2) The IMO must submit an initial GSI Budget Proposal to the Minister under rule 111 for the 2013-
2014 Financial Year by 30 April 2013, or the first Business Day after the day these Rules commence,
whichever is the later.
(3) The initial GSI Budget Proposal must be consistent with the proposed Allowable Revenue and
Forecast Capital Expenditure submitted to the ERA under rule 14 of this Schedule 3.
(4) If the Minister has not approved the initial GSI Budget Proposal for the next Financial Year by 30
June 2013, the IMO must publish on the GSI Website the budgeted revenue in the proposed initial
GSI Budget Proposal (or revised proposal) for the 2013-2014 Financial Year provided to the Minister
and must use this budgeted revenue to calculate GSI Fees.
(5) Where the Minister approves the initial GSI Budget Proposal later than 30 June 2013, the IMO
must, within five Business Days of that approval, publish on the GSI Website the Approved Annual
Revenue for the 2013-2014 Financial Year.

2616 GOVERNMENT GAZETTE, WA 24 June 2013

(6) Where the Minister approves the GSI Budget Proposal later than 30 June 2013, and the Approved Annual Revenue for the 2013-2014 Financial Year varies from the budgeted revenue in the proposed initial GSI Budget Proposal, the IMO must recalculate the GSI Fees for any months in the Financial Year for which GSI Invoices have been issued, in accordance with rule 119.

16 Adjusting for difference between initial Allowable Revenue and Approved Annual
Revenue

(1) This rule applies where there is any difference between—

(a) the Approved Annual Revenue for the 2013-2014 Financial Year; and

(b)

the initial Allowable Revenue and Forecast Capital Expenditure approved by the ERA for the 2013-2014 Financial Year of the initial Review Period.

(2) The IMO must make any necessary adjustments to address this difference in the GSI Budget

Proposal for the 2014-2015 Financial Year, for submission to the Minister by 30 April 2014.

DIVISION 10—TRANSITIONAL RULES FOR INITIAL GSI INVOICE PERIOD

17 Initial GSI Invoice Period
(1) The initial GSI Invoice Period commences on 1 August 2013 and ends on 30 September 2013
(inclusive).
(2) For the purposes of calculation of GSI Invoices for GSI Invoice Periods in the 2013-2014 Financial
Year, the parameter y in rule 116 is the period commencing on 1 August 2013 and ending on 30 June

2014 (inclusive).

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SCHEDULE 3—SAVINGS AND TRANSITIONAL RULES

Part 1—Transitional rules for start of GSI Rules

DIVISION 1—DEFINITIONS

1 Definitions In this Part— initial Allowable Revenue and Forecast Capital Expenditure means the revenue and forecast

capital expenditure for the initial Review Period;

initial GSI Budget Proposal means the budget proposed for the 2013-2014 Financial Year;
initial Review Period means the period commencing on 1 July 2013 and ending on 30 June 2016;

maintenance report means all information on maintenance that an operator of a Registered

Facility generally provides to Shippers;

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