Gas Standards (Gas Supply and System Safety) Amendment Regulations 2007 (WA)

4 January 2008 GOVERNMENT GAZETTE, WA 3

EN301*

Gas Standards Act 1972

Gas Standards (Gas Supply and System Safety)

Amendment Regulations 2007

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Gas Standards (Gas Supply and
System Safety) Amendment Regulations 2007.

2.            Commencement

These regulations come into operation as follows:

(a)	regulations 1 and 2— on the day on which these regulations are published in the Gazette;
(b)	the rest of the regulations — on the day after that day.

3.           The regulations amended

The amendments in these regulations are to the Gas Standards
(Gas Supply and System Safety) Regulations 2000.

amended or replaced under regulation 17F or 17G;

4.            Part 3A inserted

After Part 3 the following Part is inserted —

44  

Part 3A — Entry and commingling of gas of

different qualities

Division 1 — Preliminary

17A.	Terms used in this Part
In this Part, unless the contrary intention appears —
"approved plan" means a management plan approved

under regulation 17E and includes the plan as

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"corporation" means -

(a)	a company within the meaning given in the Corporations Act 2001 (Commonwealth) section 9; or
(b)	any other body corporate, or body corporate of a kind, prescribed by the regulations;

"determined heating value" means the heating value

for a HHV zone determined under
regulation 17J(2) or (3);

"emergency" means any event or circumstance arising in relation to a distribution system or sub-network or a pipeline from which gas is injected into a

distribution system or sub-network that has a
significant effect on the higher heating value of

gas in a zone or zones;

"flow weighted average higher heating value" or

"FWAHHV" means the flow weighted average higher heating value of gas in a HHV zone on a gas day, calculated in accordance with the

approved plan relating to the distribution system

that includes the HHV zone;

"gas day" means the 24 hour period beginning at

0800 hours on a day and ending at 0800 hours on

the following day;

"HHV zone" means a HHV zone in a distribution

system or sub-network established under

regulation 171(2), (3) or (5);

"implementation period" means -

(a)	in relation to an approved plan approved or taken to have been approved under regulation 17E, a period of 2 months, or any other period not exceeding 6 months
specified in the plan for the purposes of this
paragraph of this definition, beginning on the day on which the plan is approved or taken to have been approved; or
(b)	plan under regulation 17F, a period of one month, or any other period not in relation to the replacement of an approved replacement plan for the purposes of this paragraph of this definition, beginning on the day on which the replacement is approved or taken to have been approved;

"leanest supplied higher heating value" or

"LSHHV" means the higher heating value of gas supplied to a consumer from a HHV zone on a gas day with the lowest flow weighted higher heating value, calculated in accordance with the approved

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plan relating to the distribution system that

includes the HHV zone;

"management plan" means a plan that meets the

requirements of regulation 17C(1) or (2);

"officer", in relation to a body corporate, has the meaning given to "officer" of a corporation in the but does not include an employee of the body corporate unless the employee is concerned in the management of the body corporate;

"permitted range" means the range determined under

regulation 171(3)(b);

"retail market scheme" means a retail market scheme approved under the Energy Coordination Act 1994 l'art 2B Division 3;

"sub-network" means each part of a distribution system listed in Schedule 4.

Division 2— Approved plan

17B.	Requirement for an approved plan
(1)	A network operator must not operate a distribution system in which gas of different qualities from 2 or more pipelines is commingled without an approved plan relating to the operation of the system.
(2)	If a network operator is a corporation, an officer of the network operator must ensure that gas of different qualities from 2 or more pipelines is not commingled in a distribution system of the network operator unless there is an approved plan relating to the operation of the system.
(3)	A pipeline operator must not inject gas into a

distribution system in which gas of different qualities

from 2 or more pipelines is commingled without an
approved plan relating to the injection of gas into that
system.

(4)	If a pipeline operator is a corporation, an officer of the pipeline operator must ensure that gas is not injected from a pipeline of the pipeline operator into a distribution system in which gas of different qualities from 2 or more pipelines is commingled unless there is an approved plan relating to the injection of gas into that system from the pipeline.
(5)	This regulation does not apply to -

(a) a network operator or an officer of a network operator during the implementation period for an approved plan, or the replacement for an

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approved plan, relating to the operation of the
network operator's distribution system; or

(b) a pipeline operator or an officer of a pipeline

operator during the implementation period for
an approved plan, or the replacement for an
approved plan, relating to the injection of gas
into a distribution system from a pipeline of the
pipeline operator.

17C. Content of management plan

(1) A management plan submitted by a network operator in relation to the operation of its distribution system is to -

(a)	set out details of the distribution system, including in particular any sub-network of the system, to which it applies; and
(b)	set out the configuration and operational characteristics of the distribution system; and
(c)	work together with the management plan of a pipeline operator that injects gas into the system; and
(d)	set out the methods or processes to be followed by the network operator in calculating the flow weighted average higher heating value of the
or a sub-network of it and establishing a

gas transported through the distribution system system or a sub-network of the system; and

(e) specify how the network operator is to publish or give interested persons details of the establishment of a HHV zone or HHV zones in a distribution system or a sub-network of the

system; and

(f)	set out the means for calculating and validating the flow weighted average higher heating value of gas in a HHV zone on a gas day; and
(g)	set out the means for calculating the higher heating value of gas with the lowest flow weighted higher heating value supplied to a consumer from a HHV zone on a gas day; and
(h)	applied by the network operator in the

set out principles, methods and processes to be the FWAHHV for a HHV zone on a gas day less the LSHHV for the HHV zone on that day is not more than 1 MJ/m3; and

(i)     set out measures to be taken by the network operator if the higher heating value of gas supplied through a HHV zone to a consumer is

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persistently less than the permitted range for the

HHV zone; and

(j)	set Out the number of days in any period of 100 days on which the FWAHHV for a HHV zone less the LSHHV for the HHV zone must not be more than 1 MJ/m3 and specify what action will be taken by the network operator if that number is exceeded; and
(k)	provide that the network operator is to give to the Director at quarterly intervals (or such other intervals specified by the Director from time to time after consulting the network operator) a report on monitoring activity undertaken by the network operator in respect of gas entering the distribution system; and

(1) set Out audit requirements in relation to the

determination by the network operator of the heating value of gas under regulation 17J(1); and

(m) provide for an annual audit to be carried Out on the operation of the management plan and for a report on the audit to be given to the Director.

(2) A management plan submitted by a pipeline operator in

relation to the injection of gas into a distribution
system from a pipeline of the operator is to -

(a) identify the distribution system and any

sub-network of the system into which gas is
injected; and

(b) work together with the management plan of the

network operator of the distribution system;
and

(c) set Out details of the gas injected into the

system by the pipeline operator including -

(i)     the higher heating value of the injected gas; and

(ii)     the volume of gas injected on a gas day; and

(iii)     the rate at which it is injected; and

(iv)     if gas of different qualities is injected, the mixing ratios in respect of that gas;

and

(d) specify how and when the pipeline operator

will advise the network operator of the
distribution system about any change in the
specifications referred to in paragraph (c); and

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(e) set Out which, and how, facilities will be used by the pipeline operator to -

(i)     inject gas into the distribution system; and

(ii)     control and monitor that injection;

and

(1) provide for the implementation of systems to -

(i)

ensure, as far as is reasonably a controlled or determined rate; and

(ii) practicable, variations in the higher

minimise, as far as is reasonably pipeline operator into a distribution system on any gas day;

and

(g) set out how the pipeline operator will, and

which facilities will be used by the pipeline
operator to, calculate the higher heating value
of gas injected into the distribution system on
each gas day including -

(i)     the location of sample points: and

(ii)     the method of calculation; and

(iii)     the frequency of sampling and analysis; and

(iv)     the details of the provision of backup measurement facilities or the processes the operator will use if facilities fail to operate or are unavailable;

and

(h) provide for the recording of data in respect of

injected into the distribution system on each gas
day; and

the higher heating value and flow of gas

(i) provide for the data referred to in

paragraph (h) -

(i)     if a retail market scheme applies to the distribution system or sub-network and that scheme provides for the pipeline

operator to give the network operator
data the same as that referred to in
paragraph (h), to be given to the
network operator in the form and at the
intervals specified in the scheme; or

(ii)     if subparagraph (i) does not apply, to be given to the network operator in the form and at the intervals determined by

4 January 2008 GOVERNMENT GAZETTE, WA

the Director after consultation with the

pipeline operator;

and

(j)	set Out measures to be taken by the pipeline operator if a facility referred to in paragraph (e) malfunctions; and
(k)	provide for an annual audit to be carried out on the operation of the management plan and for a report on the audit to be given to the Director.

171) . Submission of management plan for approval

(1) In this regulation -

"existing operator", in relation to a distribution

system, means a person who already carries Out

gas operations on the relevant day;

"gas operations" means -

(a)	the operation of a distribution system; or
(b)	the injection of gas into a distribution system;

"new operator", in relation to a distribution system,

means a person who is to commence gas
operations after the relevant day;

"relevant day" means the day on which the Gas

Standards (Gas Supply and System Safety)
Amendment Regulations 2007 come into operation.

(2) Each existing operator, and each new operator, must

submit a management plan relating to the operation of or the injection of gas into the system, as the case may be, to the Director for approval.

(3) An existing operator must comply with

subregulation (2) within 3 months after the relevant day.

(4)	A new operator must comply with subregulation (2) not less than one month before the day on which the operator is to commence gas operations.
17E.	Approval of management plan
(1)	Subject to subregulation (5), the Director may in writing -

(a)	approve a management plan submitted under regulation 1713; or
(b)	request that it be amended.

(2) If the Director requests a network operator or pipeline

operator to amend a management plan, the request
must be accompanied by written reasons of the
Director for requesting the amendment.

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(3) The network operator or pipeline operator must comply

with a request under subregulation (1)(b) within one
month of the day on which the Director made the
request by submitting a management plan amended in
accordance with the Director's request.

(4) Subject to subregulation (5), the Director must approve

a management plan amended as requested under
subregulation (1)(b).

(5) The Director is not to approve a management plan if
the Director considers that it -

(a)	will not meet the requirements of regulation 17C in respect of such plans; or
(b)	will be inconsistent with the Act or any other written law.

(6) If the Director has not given an approval or made a

request under subregulation (1)(b) within one month of
the submission of a management plan, the Director is
to be taken to have approved the plan on the last day of

that period of one month.

17F. Amendment or replacement of an approved plan

(1) With the approval of the Director, a network operator

or pipeline operator may amend or replace an approved
plan.

(2) A network operator or pipeline operator must submit

any proposed amendment or replacement to the

Director for approval.

(3) If an amendment or replacement is submitted, the

Director may in writing -

(a) subject to subregulation (7), approve it; or

(b)	request that it be amended; or
(c)	refuse to approve it.

(4) If the Director requests that an amendment or replacement be amended, the request must be accompanied by written reasons of the Director for

requesting the amendment.

(5) A network operator or pipeline operator must comply
with a request under subregulation (3)(b) within one
month of the day on which the Director made the
request by submitting an amendment or replacement
amended in accordance with the Director's request.

(6) Subject to subregulation (7), the Director must approve

an amendment or replacement amended as requested
under subregulation (3)(b).

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(7) The Director is not to approve an amendment or replacement of an approved plan if the Director considers that it -

(a)

will not meet the requirements of or

(b) will be inconsistent with the Act or any other written law.

(8) If the Director has not given an approval, made a

request or refused to approve an amendment or
replacement under subregulation (3) within one month
of the submission of the proposed amendment or
replacement, the Director is to be taken to have
approved the proposed amendment or replacement on

the last day of that period of one month.

17G. Director may require amendment

(1) This regulation applies if, in the opinion of the

Director, an approved plan -

(a)

does not meet the requirements of or

(b) is no longer consistent with the Act or any other written law.

(2) The Director may direct a network operator or pipeline operator to amend an approved plan, within a specified period, in a manner specified by the Director in

writing.

(3) The network operator or pipeline operator must comply with a direction under subregulation (2).

(4) If a network operator or pipeline operator does not	comply with a direction under subregulation (2) to
amend an approved plan within the period specified by the Director, the approved plan ceases to have effect at the end of that period.

17H. Compliance with an approved plan

(1)	A network operator must ensure that an approved plan relating to the operation of its distribution system is implemented and that any requirements set Out in it are complied with.
(2)	A pipeline operator must ensure that an approved plan relating to the injection of gas into a distribution system from a pipeline of the operator is implemented and that any requirements set out in it are complied with.

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(3) Subregulations (1) and (2) do not apply during an

emergency.

Division 3 - Determination of heating value of gas

171.        Establishing a HHV zone or HHV zones

(1) This regulation applies if—

(a)	gas of different qualities from 2 or more pipelines is injected into a network operator's distribution system or sub-network; and
(b)	that gas is commingled in the system or sub-network.

(2) If the FWAHHV (calculated in accordance with the

relevant approved plan) of the gas transported through
a distribution system or sub-network throughout the
system or sub-network does not vary by more than
1 MJ/m3, the network operator of the distribution
system or sub-network must from time to time, in
accordance with the relevant approved plan, establish

one HHV zone for that system or sub-network.

(3) If the FWAHHV (calculated in accordance with the

relevant approved plan) of the gas transported through
a distribution system or sub-network varies by more
than 1 MJ/m3 in parts of the system or sub-network, the
network operator of the distribution system or
sub-network must from time to time, in accordance

with the relevant approved plan -

(a) sub-network for each of those parts where those establish HHV zones in that system or the gas in a zone does not vary by more than 1 MJ/m3; and

(b) determine the range of the FWAHHV, not more than 1 MJ/m3, for gas in the zones.

(4) A network operator must review a HHV zone or

FIFIV zones in the following circumstances -

(a)

at intervals of not more than 13 months HHV zone or HHV zones are first established;

(b) if there is a material and sustained change in the quantity or the higher heating value of the gas injected into the network or sub-network by a pipeline operator.

(5) After reviewing the HHV zone or HHV zones, the
network operator must cancel the HHV zone or
HHV zones and establish a new HHV zone or new
HHV zones if that is necessary in order to comply with
subregulation (2) or (3).

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(6) On each occasion that a network operator establishes a

HHV zone or HHV zones in a distribution system or sub-network, the network operator must give the Director a plan of the system or sub-network showing -

(a)	the zone or zones; and
(b)	the permitted range for the zone or zones.

(7) The plan referred to in subregulation (6) must be given

to the Director not later than 5 days after the zone or
zones are established.

17J. Network operator to determine heating value of gas

(1) As soon as practicable after the end of each gas day,

the network operator must determine the heating value
of the gas transported through -

(a)	if the distribution system or a sub-network of the system has only one HHV zone, that HHV zone; or
(b)	if the distribution system or a sub-network of the system has more than one HHV zone, each of those HHV zones,

in accordance with subregulation (2) or (3).

(2) If the FWAHHV for a HHV zone less the LSHHV for

the HHV zone is less than or equal to 1 MJ/m3, the
determined heating value for the HHV zone is
the FWAHHV.

(3) If the FWAHHV for a HHV zone less the LSHHV for

the HHV zone is more than 1 MJ/m3, the determined
heating value for the HHV zone is the LSHHV
Plus 1 MJ/m3.

(4) For each gas day, a network operator must cause the determined heating value of gas transported through the HHV zone or HHV zones of the network operator's distribution system or sub-network to be published by the specified time -	(a)	operator and to which the Director and retail gas operators, within the meaning given in the
on a website maintained by the network section 1 1ZOC(1)(b), have access; or
(b)	by such other means as the Director approves in writing on the written application of a network operator.

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(5) For the purpose of subregulation (4), the specified time
is -

(a)	if a retail market scheme applies to the distribution system or sub-network and that scheme requires the network operator to publish information the same as the determined heating value by a specified time, that time; or
(b)	if paragraph (a) does not apply, 1200 hours on the day following the end of the gas day or the time specified in the relevant approved plan for the purposes of this paragraph, whichever is the later.

(6) If the determined heating value is determined under

subregulation (3), the network operator must, as soon as reasonably practicable and in accordance with the approved plan, give the Director a written notice
specifying -

(a)	the gas day for which the determination was made; and
(b)	the determined heating value for that day.

5. Regulation 66 amended
Regulation 66 is amended as follows:

(a) after paragraph (a) the following paragraphs are inserted -

(aa) to request that a management plan be amended under regulation 17E(1); or

(ab) to refuse to approve a management plan under

regulation 17E(5); or

(ac) to request that an amendment or replacement be amended under regulation 17F(3); or

(ad) to refuse to approve an amendment or

replacement under regulation 17F(3); or

(ae) to refuse to approve an amendment or

replacement under regulation 17F(7); or

(at) to direct a network operator or pipeline operator

to amend an approved plan under
regulation 17G(2); or

(b) after each of paragraphs (a), (b), (c), (d), (e), (f), (g) and (h) by inserting -

or

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6. Schedule 4 inserted
After Schedule 3 the following Schedule is inserted —

Schedule 4— Sub-networks

[r. 17A]

Each of the following parts of the distribution system the subject of distribution licence GDL 8 under the Energy Coordination Act 1994 is a sub-network —

(a)	Geraldton (Nangetty Road);
(b)	Eneabba;
(c)	Muchea;
(d)	Ellenbrook;
(e)	Metro North;
(0	Metro South;
(g)	Barter Road, Naval Base:
(h)	Rockingham;

(i)      Pinjarra;

(j)	Oakley Road (Pinjarra);
(k)	Harvey;

(1)      Kemerton;

(m) Clifton Road, Bunbury.

By Command of the Governor,

M. C. WAUCHOPE, Clerk of the Executive Council.