National Gas (South Australia) (Gas Pipelines) Amendment Regulations 2023 (SA)
South Australia
National Gas (South Australia) (Gas Pipelines) Amendment Regulations 2023
under the National Gas (South Australia) Act 2008
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Special provision
Part 2—Amendment of National Gas (South Australia) Regulations
4 Amendment of regulation 7AA—Corporations Act displacement
5 Amendment of regulation 8—Service of summons to appear as witness
6 Amendment of regulation 9—AER to be able to charge for costs of access disputes
7 Amendment of regulation 14—Fees
8 Repeal of regulation 14A
9 Amendment of Schedule 1—Designated pipelines
10 Amendment of Schedule 3—Civil penalty provisions
11 Amendment of Schedule 4—Conduct provisions
12 Substitution of Schedule 5—Fees
Schedule 5—Fees
Part 1—Preliminary
1—Short title
These regulations may be cited as the National Gas (South Australia) (Gas Pipelines) Amendment Regulations 2023.
2—Commencement
These regulations come into operation on the day on which the Statutes Amendment (National Energy Laws) (Gas Pipelines) Act 2022 comes into operation.
3—Special provision
These regulations are made in connection with the Statutes Amendment (National Energy Laws) (Gas Pipelines) Act 2022.
Note—
See the definition of Gas Pipelines amendments in section 294FB(8) of the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008.
Part 2—Amendment of National Gas (South Australia) Regulations
4—Amendment of regulation 7AA—Corporations Act displacement
Regulation 7AA(c)—delete paragraph (c)
5—Amendment of regulation 8—Service of summons to appear as witness
Regulation 8(1)—delete "AER under Part 6.6" and substitute:
relevant adjudicator under section 180
Regulation 8(1)(c), (3)(e) and (f)—delete "AER" wherever occurring and substitute in each case:
relevant adjudicator
6—Amendment of regulation 9—AER to be able to charge for costs of access disputes
Regulation 9, heading—delete "AER" and substitute:
Dispute resolution body
Regulation 9—delete "216 of the NGL, the AER" and substitute:
187 of the NGL, the dispute resolution body
Regulation 9—after its present contents as amended by this regulation (now to be designated as subregulation (1)) insert:
(2)However, no more than 50% of costs can be apportioned under this regulation to a party to an access dispute that is a small shipper
7—Amendment of regulation 14—Fees
Regulation 14(2)—delete "181" and substitute:
152
8—Repeal of regulation 14A
Regulation 14A—delete the regulation
9—Amendment of Schedule 1—Designated pipelines
Schedule 1, clause 3—at the foot of subclause (1) insert:
Note—
A designated pipeline includes an extension to, or expansion of the capacity of, the pipeline that is taken to be part of the pipeline under section 18 of the NGL
Schedule 1, clause 3(2)—delete subclause (2)
10—Amendment of Schedule 3—Civil penalty provisions
Schedule 3, Part 1, after entry for Section 57 insert:
Section 64C(1)
Section 64C(3)
Schedule 3, Part 1, entry for Section 134—delete the entry
Schedule 3, Part 1—after entry for Section 136 insert:
Section 136A
Section 136B
Schedule 3, Part 1, entries for Sections 169(3), 170 and 195—delete the entries and substitute:
Section 170(1)(a)
Schedule 3, Part 1, entry for Rule 109—delete the entry and substitute:
Rule 43(1)
Rule 46
Rule 52(1)
Rule 68A
Rule 101(1)
Rule 101(3)
Rule 101A(1)
Rule 102(7)
Rule 102A(2)
Rule 105B(1)
Rule 105B(2)
Rule 105C(1)
Rule 105C(2)
Rule 105E(1)
Rule 105G(3)
Schedule 3, Part 1—after entry for Rule 171(6) insert—
Rule 198D(1)
Rule 198D(3)
Rule 198E(1)
Rule 198I(7)
Rule 198J(2)
Schedule 3, Part 1, entries for Rule 560(1), 562(3) and 586(2)—delete the entries
Schedule 3, Part 2, entry for Section 168—delete the entry and substitute:
Section 136C
Schedule 3, Part 2, entries for Rules 36, 37, 43(1), 46 and 52(1)—delete the entries
Schedule 3, Part 2, entries for Rules 107, 108, 110 and 112—delete the entries and substitute:
Rule 104(1)
Rule 104(2)
Rule 134A(2)
Schedule 3, Part 2, entries for Rules 551(1), 551(3), 552(1), 558(1), 558(2) and 585(8)—delete the entries
Schedule 3, Part 3, entry for Rule 27(4)—delete the entry
11—Amendment of Schedule 4—Conduct provisions
Schedule 4—before entry for Section 228C insert:
Section 136A
Section 136B
Section 170(1)(a)
Schedule 4, entries for Rules 36, 107, 108, 109, 110, 112 and 115(3)—delete the entries and substitute:
Rule 68A
Rule 104(1)
Rule 104(2)
Rule 105B(1)
Rule 105B(2)
Rule 105E(1)
Rule 105G(3)
Rule 113ZK(3)
Schedule 4, entry for "All provisions in Division 4 of Part 21"—delete the entry and substitute:
Rule 514
Rule 515
Rule 516
Rule 517
Rule 518
Rule 519
Rule 520
Schedule 4, entry for Rule 543A(1)—(2)—delete the entry and substitute:
Rule 543A(1)
Rule 543A(2)
Schedule 4, entries for Rules 560(1) and 562(3)—delete the entries
12—Substitution of Schedule 5—Fees
Schedule 5—delete the Schedule and substitute:
Schedule 5—Fees
1
Application for a scheme pipeline determination
$7 500.00
2
Application for a scheme pipeline revocation determination
$7 500.00
3
Application for a greenfields incentive determination
$7 500.00
4
Application for the classification of a pipeline
$2 000.00
5
Application for the reclassification of a pipeline
$2 000.00
6
Notice of a scheme pipeline access dispute
$2 750.00
Editorial note—
As required by section 10AA(2) of the Legislative Instruments Act 1978, the Minister has certified that, in the Minister's opinion, it is necessary or appropriate that these regulations come into operation as set out in these regulations.
Made by the Governor
on the unanimous recommendation of the Ministers of the participating jurisdictions and with the advice and consent of the Executive Council
on 2 March 2023
No 8 of 2023
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