Gas Supply (Gas Quality Specifications) Amendment Regulations 2016 (WA)

5558 GOVERNMENT GAZETTE, WA 9 December 2016

Specifications) Amendment Regulations 2016.

ENERGY

EN301

Gas Supply (Gas Quality Specifications) Act 2009

Gas Supply (Gas Quality Specifications)

Amendment Regulations 2016

Made by the Governor in Executive Council.

1.            Citation

These regulations are the Gas Supply (Gas Quality

9 December 2016 GOVERNMENT GAZETTE, WA 5559

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.            Regulations amended

These regulations amend the Gas Supply (Gas Quality
Specifications) Regulations 2010.

4.            Regulation 3 amended

(1) In regulation 3(1) delete the definitions of:
cubic metre
Mondarra Interconnect Pipeline

(2) In regulation 3(1) insert in alphabetical order:

cubic metre, of gas, means a cubic metre at metric
standard conditions;
metric standard conditions means a pressure of
101.325 kPa (absolute) and a temperature of 15°C;
petroleum has the meaning given in the Petroleum and

Geothermal Energy Resources Act 1967 section 5(1);

(3)	In regulation 3(1) in the definition of Mondarra Gas Storage Facility delete "operated" and insert:
used in operations to inject, store and recover petroleum
(4)	In regulation 3(1) in the definition of Wobbe index delete "ISO
6976 - 1995(E);" and insert:
ISO 6976  2016:
(5)	In regulation 3(1) in the definitions of Dampier to Bunbury Natural Gas Pipeline, Goldfields Gas Pipeline, Mid West Pipeline and Parmelia Pipeline delete "covered by" and insert:
constructed and operated under

5560 GOVERNMENT GAZETTE, WA 9 December 2016

5.             Regulation 5A inserted

After regulation 5 insert:

5A.	Pipelines declared not to be gas transmission pipelines
For the purposes of the definition of gas transmission pipeline in section 3(1) of the Act, each pipeline covered by a licence under the Petroleum Pipelines Act 1969 set Out in the Table, or any licence under that Act that replaces one or more of those licences, is declared not to be a gas transmission pipeline.

Table

PL	PL 12
PL 14	PL 15
PL 17	PL 20
PL 21	PL 29
PL 30	PL 42
PL 58	P17()
PL 72	111,81
PL 84	PL 85
PL 87	PL 88
PL 90	PL 92

PL 93 l'L99

PL 109 PL III

6.	Regulation 12 amended In regulation 12(5) delete "declaration." and insert:
declaration, or prevent the Minister from considering a submission received after the time for receipt of submissions.

9 December 2016 GOVERNMENT GAZETTE, WA 5561

7.            Regulation 13 amended

Delete regulation 13(2) and (3) and insert:

(2) Within 20 days of making a declaration, amendment or

revocation or a decision to reject an application for a

declaration (a decision), the Minister must -

(a)	give a copy of the decision to the operator of the pipeline, and to the applicant for the decision if the applicant is not the operator of the pipeline; and
(b)	ensure that the decision is published on the Department's website.

(3) The operator of the pipeline must, within 20 business days of receiving a copy of the decision, give written notice of the matters referred to in subregulation (4) to -

(a)	each user of the pipeline who is a party to a contract with the pipeline operator in relation to that use; and
(b)	the operator of each gas transmission pipeline and each gas distribution system that is connected to the pipeline; and
(c)	each gas producer who is contracted with the operator of the pipeline to supply gas that will flow into the pipeline.

Penalty for this subregulation: a fine of $5 000 for each

person the operator fails to give written notice to,

up to a maximum of $50 000.

(4) The matters for the purposes of subregulation (3)

are -

(a)	that the Minister has made the decision;
(b)	the date of the decision;
(c)	that the decision must be published on the Department's website.

8.            Regulation 21 amended

Delete regulation 21(2)(b)(xi) and insert:

(xi) hydrocarbon dewpoint over the pressure

range specified in the standard gas
quality specification for the PIA

pipeline into which the gas flows, or

will flow, set out in Schedule 1.

5562 GOVERNMENT GAZETTE, WA 9 December 2016

9. Regulation 22 amended
In regulation 22(2) delete "20" and insert:

35

10.           Regulation 30 amended

(1)	In regulation 30(1) in the Table item 2 delete "gas transmission pipeline" and insert:
gas transmission pipeline connected to a PIA pipeline
(2)	In regulation 30(1) in the Table after item 2 insert:

2A.	an outlet point on a	one particular	the gas quality
gas transmission	pipeline impact	specification set
pipeline connected to	agreement has	out in the pipeline
another gas	effect in relation to	impact agreement
transmission pipeline	all gas flowing out
connected to a PIA	of the pipeline at
pipeline downstream	that point
of that point

(3) In regulation 30(1) in the Table after item 6 insert:

ÔA.	an outlet point on a	one particular	the Parmelia
gas transmission	pipeline impact	Pipeline standard
pipeline (other than	agreement has	specification or the
the DBNGP) into	effect in relation to	Western Australian
which gas from the	some but not all gas	standard
Parmelia Pipeline	flowing out of the	specification when

flows	pipeline at that	the Parmelia
point	Pipeline standard specification is not the standard specification for the Parmelia Pipeline

(4)	In regulation 30(1) in the Table item 7 delete "AS 4564 - 2005" insert:
AS 4564-2011

9 December 2016 GOVERNMENT GAZETTE, WA 5563

11.          Regulations 30A and 30B inserted

After regulation 30 insert:

30A.	Continuing effect of modifications to gas contracts under regulation 30
If a gas contract is modified under regulation 30 in relation to a point, the substituted gas quality specification does not cease to apply merely because the circumstance by reference to which the contract was modified subsequently ceases to apply in relation to the point.
30B.	Modifying gas contracts: providing information under regulations
If the regulations permit or require a person to give information -

(a)	the person may do so, in accordance with the regulations, despite a provision of a gas contract to the contrary; and
(b)	the gas contract referred to in paragraph (a) is modified so that the giving of the information is not a breach of the contract or of a duty of confidence.

12.          Regulation 34 amended

After regulation 34(7)(c) insert:

(ca) the employee is ordinarily required to use the

system to record the time the employee spends
on particular tasks; and

13. Regulation 35 amended
In regulation 35(1 )(c) after "capacity" insert:

(which may include reservoir capacity or surface capacity)

14.          Regulation 36 amended

(1) In regulation 36(2)(b) delete "gas" and insert:

gas. or from incurring a relevant cost,

5564 GOVERNMENT GAZETTE, WA 9 December 2016

(2) In regulation 36(3) delete "gas," and insert:

gas, or from incurring a relevant cost,

15.          Regulation 40 amended

(1) Delete regulation 40(2) and insert:

(2) A gas producer is not liable to provide compensation in relation to a supply of gas in a financial year if—

(a)	the gas is supplied from one gas processing plant; and
(b)

the quantity of gas supplied does not exceed any one day in the year.

(2) In regulation 40(3)(a) after "first" insert:

PIA

16.          Regulation 89A inserted

At the beginning of Part 6 insert:

89A.	Aggregation or de-identification of records and other information provided under a pipeline impact agreement
A party to a pipeline impact agreement who provides, under the agreement, records or other information to another party to the agreement must not provide the
records or other information other than in a form that is
aggregated or de-identified so that it does not disclose -

(a)	the number of customers to whom any other party or person has delivered or shipped gas; or
(b)	the name of any customer to whom any other party or person has delivered or shipped gas; or
(c)	the quantity of gas any other party or person has delivered or shipped to any particular customer.

Penalty:

(a)	for an individual - a fine of $5 000;
(b)	for a body corporate - a fine of $50 000.

9 December 2016 GOVERNMENT GAZETTE, WA 5565

17.          Schedule 1 amended

(1)	Delete the reference after the heading to Schedule 1 and insert:
[r. 21(2) and 28]
(2)	In Schedule 1 clause 2(2) in the Table delete item 7 and insert:
7. Maximum total sulphur unodorised gas 10 mg/rn3

odorised gas 20 mg/m'

(3) In Schedule 1 delete clause 2(5)(a) and insert:

(a) gas that does not comply with -

(i)	the maximum water component of the Western Australian standard specification (set out in clause 1) flows into the Parmelia Pipeline; or
(ii)	the hydrogen sulphide component of the Western Australian standard specification (set out in clause 1) flows into the Parmelia Pipeline; or
(iii)	the hydrocarbon dewpoint component of the Western Australian standard specification (set out in clause 1) flows into the Parmelia Pipeline;
and

18.          Schedule 2 amended

(I) Before Schedule 2 clause 1(1) insert:

(1A) In this clause - prescribed clause 1 pipeline means a gas transmission
pipeline constructed and operated under one or more of the
following licences under the Petroleum Pipelines Act 1969
or any licence under that Act that replaces one or more of
those licences - PL 8, PL 54, PL 55, PL 60, PL 61, PL 62,
PL 63, PL 68, PL 74, PL 77 and PL 78.

(2) In Schedule 2 clause 1(1) delete "the Mondarra Interconnect

Pipeline" and insert:

each prescribed clause 1 pipeline

Note: The heading to amended clause 1 is to read:

Reference gas specification: DBNGP, Mid West Pipeline and other prescribed pipelines

5566 GOVERNMENT GAZETTE, WA 9 December 2016

(3) In Schedule 2 clause 2(1) in the Table delete item 7 and insert:

7.	Maximum total sulphur unodorised gas	10 mg/rn3
20 Mg/M3

odorised gas

(4) Before Schedule 2 clause 3A(1) insert:

(1A) In this clause -

prescribed clause 3A pipeline

means a gas transmission and PL 76.
pipeline constructed and operated under one or more of the
following licences under the Petroleum Pipelines Act 1969
or any licence under that Act that replaces one or more of

those licences - PL 25, PL 26, PL 27, PL 28, PL 33, PL 34,

(5)	In Schedule 2 clause 3A(1) after "GGP" insert:
and each prescribed clause 3A pipeline
Note: The heading to amended clause 3A is to read:

Reference gas specification: GGP and other prescribed pipelines

(6) After Schedule 2 clause 3A insert:

3B.	Reference gas quality specification: Pilbara Energy Pipeline and other prescribed pipelines
(1)	Inthisclause — Pilbara Energy Pipeline means the pipeline constructed and operated under the following licences under the Petroleum Pipelines Act 1969 or any licence under that Act that
replaces one or more of those licences - PL 22, PL 31,
PL 38, PL 56 and PL 82; prescribed clause 3B pipeline means the pipeline constructed and operated under one or both of the following licences under the Petroleum Pipelines Act 1969 or any licence under that Act that replaces one or both of those licences - licences PL 16 and PL 19.
(2)	The reference specification for the Pilbara Energy Pipeline and each prescribed clause 3B pipeline is the Western Australian standard specification.

(7) In Schedule 2 clause 4(1)(b) delete "(other than of the Parmelia

Pipeline)," and insert:

(other than of the Parmelia Pipeline and the GGP),

9 December 2016 GOVERNMENT GAZETTE, WA 5567

19.          Schedule 3 amended

(1)	In Schedule 3 clause 1(b) delete "(BP-KW);" and insert:
(BP-LPG0);
(2)	In Schedule 3 clause 1(c) delete "(BP-KW)" and insert:
(BP-LPGO)

K. H. ANDREWS, Clerk of the Executive Council.