National Gas Access (WA) (Part 3) Regulations 2009 (WA)
Western Australia
National Gas Access (WA) Act 2009
Western Australia
National Gas Access (WA) Act 2009
These regulations are the
These regulations come into operation when the
In these regulations —
(1) For the purposes of the definition of
designated pipeline in section 2 of the NGL a pipeline listed in Schedule 1 is prescribed to be a designated pipeline.(2) For the purposes of Schedule 1, the
WA commencement date is the date of commencement of theNational Gas Access (WA) (Part 3) Regulations 2009 .
For the purposes of the definition of
(a) a gas processing plant listed in column 1 of the table in Schedule 2 is a prescribed gas processing plant; and
(b) in relation to a pipeline conveying natural gas from such a gas processing plant — the flange or point described in column 2 of that table opposite the reference to the plant is a prescribed exit flange or prescribed as a connection point (as the case requires).
(1) For the purposes of section 3(b) of the NGL, a provision of the NGL, other than a civil penalty provision under section 3(a) of the NGL, or Rules listed in Schedule 3 is prescribed to be a civil penalty provision.
(2) A civil penalty provision listed in Schedule 3 Division 1 is prescribed for the purposes of section 3A(1)(c) of the NGL and is a
tier 1 civil penalty provision .(3) A civil penalty provision listed in Schedule 3 Division 2 is prescribed for the purposes of section 3A(1)(b) of the NGL and is a
tier 2 civil penalty provision .(4) A civil penalty provision to which section 3A(1)(a) of the NGL applies is a
tier 3 civil penalty provision .
For the purposes of section 4(b) of the NGL, a provision of the NGL or the Rules listed in Schedule 4 is prescribed to be a conduct provision.
(1) A summons issued by the dispute resolution body under Chapter 6 Part 6 of the NGL must include —
(a) the name and address of the person on whom the summons is to be served; and
(b) if the summons is for the production of a document —
(i) a proper description of the document; and
(ii) if the document is to be produced by a person that is a corporation, the name and title of the appropriate officer of the corporation who is to attend and produce the document;
and
(c) the date, time and place of the hearing of the dispute resolution body at which the person is required to attend and (if required) to produce the document.
(2) The summons will remain in force for a period specified in the summons or, if no period is specified, until the conclusion of the proceeding in relation to which the summons has been issued.
(3) The summons will be taken to be effectively served if —
(a) a copy of the summons is handed to the person to be served or, where service by that method is refused or obstructed or made impracticable, a copy of the summons is placed as near as practicable to the person and the person is informed of the nature of the summons; or
(b) a copy of the summons is delivered to a legal practitioner acting for the person to be served and the legal practitioner endorses a statement on the summons to the effect that the legal practitioner accepts service; or
(c) where the person to be served is a corporation, a copy of the summons is served on the corporation in accordance with the provisions of the
Corporations Act 2001 of the Commonwealth; or(d) a copy of the summons is served in accordance with an agreement made between the parties as to the place and method of service and the person on whom service may be effected; or
(e) an answer to the summons is filed with the dispute resolution body; or
(f) the dispute resolution body is satisfied that the person to be served has received a copy of the summons.
9. Dispute resolution body to be able to charge for costs of access disputes
Pursuant to section 216 of the NGL, the dispute resolution body may —
(a) charge the parties to an access dispute for its costs in the access dispute; and
(b) apportion those costs between the parties.
[Note: r. 10 and 11 have intentionally been left blank.]
(1) For the purposes of section 298 of the NGL, a request for the making of a Rule must contain the following information —
(a) the name and address of the person making the request;
(b) a description of the Rule that the person proposes be made;
(c) a statement of the nature and scope of the issue that is proposed to be addressed and an explanation of how the proposed Rule would address the issue;
(d) an explanation of how the proposed Rule will or is likely to contribute to the achievement of the national gas objective;
(e) an explanation of the expected benefits and costs of the proposed change and the potential impacts of the change on those likely to be affected;
(f) in the case of a request by a gas market regulatory body in the circumstances described in section 305(1)(a) of the NGL — a summary of the consultation conducted by the gas market regulatory body (including information about the extent of the consultation and about the issues raised during the consultation and the gas market regulatory body’s response to those issues).
(2) A request under section 295 of the NGL for the making of a Rule must be in writing.
(1) For the purposes of clauses 47A and 47B of Schedule 2 to the NGL, each civil penalty amount and criminal penalty amount is to be adjusted in accordance with the following formula —
where —
P is the amount that applies on and from the date of the adjustment;
Pc is the amount that applied immediately before the first adjustment;
A is —
(a) for the 1
st adjustment — the sum of the index numbers for the 4 quarters in the 2022 calendar year; and(b) for each subsequent adjustment — the sum of the index numbers for the 4 quarters in the calendar year that ended most recently before the date of the adjustment;
B is the sum of the index numbers for the 4 quarters in the 2019 calendar year;
• is calculated to the nearest 3 decimal places (and a 4
th decimal place of 5 is to be rounded up).(2) An amount adjusted under this regulation is to be rounded up or down as follows —
(a) in the case of an amount that is $10 000 or greater — to the nearest multiple of $100 (with an amount of $50 rounded up);
(b) in the case of an amount that is less than $10 000 — to the nearest multiple of $10 (with an amount of $5 rounded up).
(3) If an amount adjusted under this regulation is less than the amount that applied immediately before the adjustment, the amount that applied immediately before the adjustment applies instead.
(4) In this regulation —
(a) the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician for that quarter; or
(b) if the Australian Statistician fails or ceases to publish that Index, another index number determined by the MCE for that quarter.
(1) The fees set out in Schedule 5 are prescribed.
(2) A fee is not payable for the notification of an access dispute under section 181 of the NGL if the notification is made by a user consuming less than 1 terajoule of gas per year.
(1) In this regulation —
(a) the provisions of —
(i) the NGL and National Gas Rules, as defined in the NGL; and
(ii) the Act and the regulations made under it,
that deal with matters of a transitional, application or savings nature relating to the transition from the application of provisions of the Gas Pipelines Access Law to the application of provisions of the NGL; and
(b) any provisions of the Gas Pipelines Access Law that continue to have effect as a result of the provisions referred to in paragraph (a).
(2) The Board has the functions of the local appeals board under the transitional provisions.
(3) Despite the repeal of the
Gas Pipelines Access (Western Australia) (Funding) Regulations 1999 , in relation to the exercise by the Board of the functions referred to in subregulation (2)— (a) the Board may exercise the functions of the Board under regulations 9 of those regulations; and
(b) the WA arbitrator may exercise the functions of the arbitrator under regulation 10 of those regulations in relation to amounts payable under regulation 9,
as if those regulations had not been repealed.
[r. 4(1)]
(1) | Distribution pipelines which, immediately before 1 July 2008, were subject to the Access Arrangement for the South Australian Gas Distribution System dated October 2006 made under the Gas Code (as drafted and approved by the Essential Services Commission of South Australia) and as varied from time to time in accordance with the NGL and National Gas Rules. |
(2) | Extensions to and expansions of the capacity of a pipeline listed in subclause (1) where, by operation of an applicable access arrangement or under the NGL, those extensions or expansions are to be treated as part of the pipeline. |
(1) | The transmission pipeline which was, immediately before the WA commencement date, the subject of pipeline licence PL 40 under the |
(2) | The transmission pipeline which was, immediately before the WA commencement date, the subject of pipeline licence PL 24 under the |
(3) | Extensions to and expansions of the capacity of a pipeline listed in subclause (1) or (2) where, by operation of an applicable access arrangement or under the NGL, those extensions or expansions are to be treated as part of the pipeline. |
(1) | The distributions pipelines which form part of the WA Gas Networks (formerly Alinta Gas) Distributions Systems and which, immediately before the WA commencement date, were subject to the “AlintaGas Networks Pty Ltd’s Access Arrangement for the Mid‑West and South‑West Gas Distribution Systems” approved by the ERA under the Gas Code on 10 August 2005. |
(2) | Extensions to and expansions of the capacity of a pipeline listed in subclause (1) where, by operation of an applicable access arrangement or under the NGL, those extensions or expansions are to be treated as part of the pipeline. |
[r. 5]
Rosalind Park (Camden) | In respect of the pipeline mentioned in pipeline licence no. 30 under the (a) the 150NB flange located approximately 2 metres upstream of the pipeline insulating joint and immediately downstream of the Rosalind Park Gas Plant’s sales gas metering facility. |
Palm Valley Gas Plant | In respect of the Palm Valley Gas Pipeline the flange — (a) shown as the insulating flange on the drawing entitled Palm Valley — Alice Springs Gas Pipe Line Well‑Head Assembly — Drawing Number 10‑011 (Revision 6 of 8/84) held by the Northern Territory Department of Mines and Energy at Darwin; and (b) situated at the Palm Valley Gas Plant immediately inside the perimeter fence downstream of the main gas plant and immediately upstream of the launching system. |
Mereenie Gas Plant | In respect of the Mereenie Gas Pipeline — the flange — (a) shown as the insulating flange (I.F.) on the drawing entitled Amadeus Basin to Darwin Pipeline Mereenie Meter Station — P & I Diagram Inlet and Station Limit Valve — Drawing Number AD M000‑7002 (Revision D of 25.2.86) held by the Northern Territory Department of Mines and Energy at Darwin; and (b) situated at the Mereenie Gas Plant immediately inside the perimeter fence and downstream of the main gas plant. |
References to diagrams in the entries relating to Queensland are references to diagrams held by the Department of Mines and Energy at Brisbane. | |
Wungoona J.V. (Wallumbilla) | In respect of the pipeline mentioned in pipeline licence PPL no. 2 (Wallumbilla to Brisbane) under the (a) the flange located immediately upstream of the series of valves before the meter run, as shown on diagram W, Wungoona JV‑RBP ML 1A Metering Station and marked “AA” on the diagram. |
In respect of the pipeline mentioned in pipeline licence PPL no. 30 under the (a) the pipe weld on the upstream side of an insulating joint located immediately upstream of the main flow control valve, as shown on diagram X, Wungoona JV — Duke Energy Pipeline and marked “BB” on the diagram. | |
Ballera | In respect of the pipeline mentioned in pipeline licence PPL no. 24 under the (a) the 2 flanges on the upstream sides of 2 isolating valves upstream of where the pipeline separates into 2 parallel meter runs, as shown on diagram Y, Ballera Gas Centre — SWQ Unit — Epic Pipeline and marked “CC” and “DD” on the diagram. |
In respect of the pipeline mentioned in pipeline licence PPL no. 41 under the (a) the pipe weld on the upstream side of the insulating joint leading to the 2 meter runs operated by the Ballera‑Mount Isa Pipeline, as shown on diagram Z, Ballera Gas Centre — SWQ Unit — Ballera and marked “EE” on the diagram. | |
Gilmore | In respect of the pipeline mentioned in pipeline licence PPL no. 15 under the (a) the upstream flange of the actuated slamshut valve XV‑0305 that is located on the metering skid downstream of the gas flow measurement, as shown on Energy Equity’s P & I Drawing No. G101‑40F‑0004. |
Moura Mine | In respect of the pipeline mentioned in mining lease ML no. ML 80032 under the (a) the downstream face of the flanged ball valve SLV 0202 located between the dehydration unit and the launcher station, as shown on Drawings Nos NP03777‑P11 and NP03777‑P77. |
Kincora | In respect of the pipeline mentioned in pipeline licence PPL no. 3 under the (a) the 150NB class 600 flange immediately downstream of the Kincora Gas Plant’s 150NB class 600 actuated isolation valve, as shown on P & ID Drawing No. 600‑1001 Rev 3. |
Central Treatment (Westgrove) | In respect of the pipeline mentioned in pipeline licence PPL no. 11 under the (a) the 200NB class 900 flange located approximately 0.7 m away from the Central Treatment Plant’s main 200NB pipeline and pig launching facility immediately downstream of the plant’s 200NB class 900 main isolation valve, as shown on P & ID Drawing No. 3100 10 0020 Rev 6. |
Rolleston | In respect of the pipeline mentioned in pipeline licence PPL no. 10 under the (a) the 150NB class 900 flange located immediately downstream of the 150NB class 900 isolation valve that is immediately downstream of the moisture analyser on the Rolleston Gas Plant’s sales gas metering facility, as shown on P & ID Drawing No. 3500‑10‑0020 Rev 5. |
Dawson River Central | In respect of the pipeline mentioned in pipeline licence PPL no. 26 under the (a) the 150NB class 600 flange located immediately downstream of the 150NB class 600 isolation valve at the tie‑in station, as shown on P & ID Drawing No. DR — 11014 Rev 1. |
Moura Central | In respect of the pipeline mentioned in pipeline licence PPL no. 26 under the (a) the 150NB class 600 flange located immediately downstream of the 150NB class 600 isolation valve at the tie‑in station pit, as shown on P & ID Drawing No. DR — 11014 Rev 1. |
Moomba Plant | In respect of the pipeline conveying natural gas from the Moomba natural gas processing plant to Adelaide — (a) the insulating joint situated between the meter station for the pipeline and EPIC’s after cooler (as indicated in Diagram 1 below). |
In respect of the pipeline conveying natural gas from the Moomba natural gas processing plant to Sydney — (a) the downstream weld of the 600 mm x 750 mm reducer situated, upstream of the insulation flange, between the meter station and East Australian Pipeline Ltd’s mainline 750 mm valve on the outlet of the meter station (as indicated in Diagram 2 below). | |
Katnook Plant | The insulating flange that is located one metre inside the boundary fence of the plant, upstream of the pipeline branch to Safries and downstream of the emergency shut down skid, as shown on drawing 107.5.1 held by the Office of Energy Policy at Adelaide. |
Longford gas processing plant, Garretts Road, Longford, Victoria | The exit flanges contained within the Longford Metering Station at Garretts Road, Longford, Victoria which are connected to the two 600 mm pipes from the prescribed gas processing plant to the Longford Metering Station and are — (a) the 600 mm weld on the 750 mm by 600 mm reducer; and (b) the upstream flange face of the 600 mm branch valve; and (c) the 600 mm weld 3000 mm downstream on the side arm of the 600 mm equal tee, all of which are immediately upstream of the metering runs which form a part of the Longford Metering Station. |
North Paaratte gas processing plant, Government Road, Paaratte, Victoria | The exit flange that is the upstream flange face of the first actuated slamshut valve immediately upstream of the metering runs which form a part of the Paaratte Metering Station at Government Road, Paaratte. |
North West Shelf Gas Project Domestic Gas | In respect of the pipeline that is the subject of pipeline licence PL40 under the (a) the upstream flange of the flange joint immediately upstream of the most upstream of the monolithic insulation joints that are inside the fence of the pipeline’s Dampier facilities compound. |
Tubridgi | In respect of the pipeline that is the subject of pipeline licence PL16 under the (a) the downstream flange of the plant exit shut down valve that —
|
Dongara | In respect of the pipeline that is the subject of pipeline licence PL1 under the (a) the upstream flange of the flange joint at the inlet end of the isolating valve that is at the inlet to the pipeline inlet gas flow meter. |
Beharra Springs | In respect of the pipeline that is the subject of pipeline licence PL18 under the (a) the upstream flange of the insulated flange joint that —
|
Griffin | In respect of the pipeline that is the subject of pipeline licence PL19 under the (a) the downstream flange of the flange joint that connects the 200 mm Griffin Gas Header pipe with the 200 mm pipe connecting with the 250 mm pipe to the pipeline meter station. |
[r. 6]
Section 56
Section 57
Section 133
Section 134
Section 135
Section 136
Section 139
Section 140
Section 141
Section 143(6)
Section 147
Section 148
Section 169(3)
Section 170
Section 195
Section 225
Rule 109
Rule 137
Rule 560(1)
Rule 562(3)
Rule 586(2)
Section 131
Section 168
Section 223
Rule 33(1)
Rule 36
Rule 37
Rule 43(1)
Rule 46
Rule 52(1)
Rule 53(6)
Rule 107
Rule 108
Rule 110
Rule 112
Rule 138
Rule 551(1)
Rule 551(3)
Rule 552(1)
Rule 558(1)
Rule 558(2)
Rule 585(8)
Section 227
Section 228
Rule 27(4)
[r. 7]
Rule 33(1)
Rule 36
Rule 107
Rule 108
Rule 109
Rule 110
Rule 112
Rule 115(3)
Rule 137
Rule 138
Rule 560(1)
Rule 562(3)
[r. 14]
1. | Application for a coverage determination under section 92 of the NGL | 7 500 |
2. | Application for a coverage revocation determination under section 102 of the NGL | 7 500 |
3. | Application to the NCC under section 128 of the NGL | 2 000 |
4. | Application for a 15 year no‑coverage determination under section 151 of the NGL | 7 500 |
5. | Application for a price regulation exemption under section 160 of the NGL | 7 500 |
6. | Notification of an access dispute under section 181 of the NGL | 2 750 |
This is a compilation of the
31 Dec 2009 p. 5343‑64 | 1 Jan 2010 (see r. 2 and | |
SL 2021/17 2 Feb 2021 | r. 1 and 2: 2 Feb 2021 (see r. 2(a)); Regulations other than r. 1 and 2: 3 Feb 2021 (see r. 2(b)) | |
SL 2024/185 4 Sep 2024 | r. 1 and 2: 4 Sep 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 5 Sep 2024 (see r. 2(b) and | |
SL 2025/17 22 Jan 2025 | r. 1 and 2: 22 Jan 2025 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Jan 2025 (see r. 2(b) and |
Act...................................................................................................................................... 3
Board.......................................................................................................................... 15(1)
Gas Pipelines Access Law...................................................................................... 15(1)
index number.......................................................................................................... 13A(4)
NGL.................................................................................................................................... 3
tier 1 civil penalty provision................................................................................. 3, 6(2)
tier 2 civil penalty provision................................................................................. 3, 6(3)
tier 3 civil penalty provision................................................................................. 3, 6(4)
transitional provisions.............................................................................................. 15(1)
WA commencement date.......................................................................................... 4(2)
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