EXPLANATORY STATEMENT
Select Legislative Instrument 2010 No. 84
Moomba-Sydney Pipeline System Sale Act 1994
Moomba-Sydney Pipeline System Sale Repeal Regulations 2010
The Moomba-Sydney Pipeline System Sale Act 1994 (the Act) relates to the sale of the Moomba-Sydney natural gas pipeline system (the Moomba pipeline) and related purposes.
Section 174 of the Act provides that the Governor‑General may make regulations, prescribing all matters required or permitted by the Act to be prescribed, or necessary or convenient to be prescribed for carrying out or giving effect to the Act.
These Regulations repealed the Moomba-Sydney Pipeline System Sale Regulations (the Principal Regulations) (which were made in 1996), which set out procedural matters relating to the Moomba pipeline access regime.
The provisions in the Act that were supported by the Principal Regulations were repealed by the Gas Pipeline Access (Commonwealth) Act 1998. The Principal Regulations were therefore redundant.
The repeal of the Principal Regulations was consistent with the Australian Government’s deregulation agenda.
The Act specifies no conditions that needed to be satisfied before the power to make the Regulations could be exercised.
The Regulations are a legislative instrument for the purposes of the Legislative Instruments Act 2003.
The Regulations commenced on the day after they were registered on the Federal Register of Legislative Instruments.
These Regulations are of a machinery nature and did not substantially alter existing arrangements because the Principal Regulations were redundant and had no ongoing effect. Therefore, no consultation with industry was undertaken.
Overview
The Moomba-Sydney Pipeline System Sale Act 1994 was enacted to facilitate the sale of the Moomba-Sydney natural gas pipeline system, also known as the Moomba pipeline, and to address associated legal and regulatory requirements. This Act was passed by the Australian Parliament and aimed to provide a clear legal framework for the sale of the pipeline while ensuring the continued regulation of its operation until such time as the sale was completed. The Act was supported by the Moomba-Sydney Pipeline System Sale Regulations 1996, which prescribed procedural matters related to the pipeline's access regime. However, these regulations became redundant following the enactment of the Gas Pipeline Access (Commonwealth) Act 1998, which superseded the provisions of the Moomba-Sydney Pipeline System Sale Act 1994 that were supported by the 1996 regulations. Consequently, the Moomba-Sydney Pipeline System Sale Repeal Regulations 2010 were introduced to repeal the 1996 regulations, aligning with the Australian Government's broader deregulation objectives. These repeal regulations are of a machinery nature and did not substantially alter existing arrangements, given the redundancy of the original regulations. As such, no consultation with industry was undertaken in the development of these repeal regulations.
Scope and Application
The Moomba-Sydney Pipeline System Sale Act 1994 applies to the sale of the Moomba-Sydney natural gas pipeline system and related purposes. It provides the legislative framework for the sale and management of the pipeline system, including the associated regulatory regime that was previously outlined in the Moomba-Sydney Pipeline System Sale Regulations 1996. The Act is a Commonwealth statute, thereby having jurisdiction over the entire nation of Australia. However, it is specifically tailored to the Moomba-Sydney pipeline system, focusing on the governance and operational aspects of this particular infrastructure. The Act authorises the Governor-General to make regulations necessary for carrying out or giving effect to the Act, though the specific conditions for exercising this power are not detailed within the Act itself. The Moomba-Sydney Pipeline System Sale Repeal Regulations 2010 repealed the original Moomba-Sydney Pipeline System Sale Regulations, which had become redundant following the enactment of the Gas Pipeline Access (Commonwealth) Act 1998. This repeal aligns with the Australian Government’s deregulation efforts, simplifying the legislative framework surrounding the pipeline system. Given that the Principal Regulations were redundant and had no ongoing effect, the repeal did not necessitate substantial changes to existing arrangements or require consultation with industry.
Key Provisions
The Moomba-Sydney Pipeline System Sale Repeal Regulations 2010 primarily concern the repeal of the Moomba-Sydney Pipeline System Sale Regulations 1996 (Principal Regulations) under the Moomba-Sydney Pipeline System Sale Act 1994. The main operative sections of these regulations, as referenced in the Act, involve the formal repeal of the Principal Regulations. Section 174 of the Act empowers the Governor-General to make regulations necessary for carrying out or giving effect to the Act. These Repeal Regulations effectively nullify the Principal Regulations, which previously outlined procedural matters related to the Moomba pipeline access regime. This repeal is consistent with the Australian Government’s broader deregulation efforts.
The obligations and requirements imposed by the Act on parties or entities are primarily tied to the administrative processes governing the Moomba pipeline. Under the repealed regulations, entities such as pipeline operators and users were required to adhere to specific procedural guidelines for accessing the pipeline. The repeal signifies a shift in regulatory oversight, transferring these procedural obligations to the Gas Pipeline Access (Commonwealth) Act 1998, which now governs access to the pipeline. The Act mandates that the Governor-General’s power to make regulations is exercised without needing to satisfy specific conditions beforehand, providing a streamlined approach to legislative amendments.
In terms of consequences for breach, the repealed regulations did not impose specific offences or penalties; their primary function was procedural. The repeal itself does not introduce new offences or penalties but signifies the end of the procedural framework previously established by the Principal Regulations. Any future compliance issues related to the Moomba pipeline would now fall under the Gas Pipeline Access (Commonwealth) Act 1998, which includes its own set of regulatory provisions, penalties, and enforcement mechanisms. The Repeal Regulations, being of a machinery nature, do not alter existing substantive legal consequences but streamline the regulatory framework by removing redundant regulations.