South Australia

National Gas (South Australia) Regulations

under Part 3 of the National Gas (South Australia) Act 2008

Contents

1 Short title

3 Interpretation

4 Designated pipelines

5 Definition of pipeline

5A Definition of designated compression service facility

6 Civil penalty provisions

7 Conduct provisions

7AA Corporations Act displacement

7A Information gathering powers—AEMO

7B Modification of procedural provisions of relevant Commercial Arbitration Act

7C Procedural provisions of relevant Commercial Arbitration Act

7D Modification of review provisions of relevant Commercial Arbitration Act

7E Review provisions of relevant Commercial Arbitration Act

8 Service of summons to appear as witness

9 AER to be able to charge for costs of access disputes

10 Maximum civil monetary liabilities

11 Retail market participation

13 Content of request for Rule

14 Fees

14A Greenfields pipeline incentive—extension of period

14 BIndexation of civil and criminal penalty amounts

15 Transitional provision—declared wholesale gas market of adoptive jurisdiction

16 Transitional provision—registered participants—retail market participation

17 Transitional provision—Application of National Energy Retail Law in a participating jurisdiction

18 Deferral of capacity auctions for Northern Territory facilities

Schedule 1—Designated pipelines

3 Distribution pipelines—South Australia

Schedule 2—Exclusions from definition of pipeline

Schedule 2A—Designated compression service facilities

Schedule 3—Civil penalty provisions

Part 1—Tier 1 civil penalty provisions

Part 2—Tier 2 civil penalty provisions

Part 3—Tier 3 civil penalty provisions

Schedule 4—Conduct provisions

Schedule 5—Fees

Legislative history

1—Short title

These regulations may be cited as the National Gas (South Australia) Regulations.

3—Interpretation

In these regulations—

Act means the National Gas (South Australia) Act 2008;

NGL means the National Gas Law;

tier 1 civil penalty provision—see regulation 6(2);

tier 2 civil penalty provision—see regulation 6(3);

tier 3 civil penalty provision—see regulation 6(4).

4—Designated pipelines

(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 commencement date is the date of commencement of these regulations.

5—Definition of pipeline

For the purposes of the definition of pipeline in section 2 of the NGL—

(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).

5A—Definition of designated compression service facility

For the purposes of the definition of designated compression service facility in section 2 of the NGL, a facility described in Schedule 2A is prescribed as a designated compression service facility.

6—Civil penalty provisions

(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 Part 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 Part 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.

7—Conduct provisions

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.

7AA—Corporations Act displacement

Pursuant to section 26A of the NGL, the following provisions of the Rules are declared to be Corporations legislation displacement provisions for the purposes of section 5G of the Corporations Act 2001 of the Commonwealth in relation to the provisions of Chapter 5 of that Act:

(a)Rule 251;

(b)Rule 486;

(c)Rule 528.

7A—Information gathering powers—AEMO

For the purposes of section 91F of the NGL—

(a)in relation to a market information instrument that relates to a relevant function under section 91F(2)(a) of the NGL—persons of a kind listed in section 223(1) of the NGL are declared to be a class to which a general market information order or a market information notice may be addressed; and

(b)in relation to a market information instrument that relates to a relevant function under section 91F(2)(b) of the NGL—persons who participate in a declared wholesale gas market and who are registered (or exempted from registration) in accordance with the Rules are declared to be a class to which a general market information order or a market information notice may be addressed.

7B—Modification of procedural provisions of relevant Commercial Arbitration Act

For the purposes of section 270B(1) of the NGL, the application of the procedural provisions of the Commercial Arbitration Act of this jurisdiction to the hearing of a rule dispute and decisions or determinations of a Dispute resolution panel is modified—

(a)as if—

(i)the Rules providing for a rule dispute were an arbitration agreement within the meaning of that Act; and

(ii)the referral of the rule dispute to a Dispute resolution panel in accordance with the Rules were a referral to arbitration in accordance with an arbitration agreement; and

(iii)a reference in those provisions to an arbitrator were a reference to the Dispute resolution panel; and

(iv)a reference to a party to an arbitration agreement, or in an arbitration proceeding, in those provisions were a reference to a party to the rule dispute; and

(v)in those provisions for—

(A)"unless otherwise agreed in writing by the parties"; or

(B)"unless otherwise agreed by the parties",

there were substituted "unless the Rules otherwise provide" (as the case requires); and

(vi)a reference to an award of an arbitrator in those provisions were a reference to a decision or determination of a Dispute resolution panel; and

(b)with any other alterations and modifications that are necessary.

7C—Procedural provisions of relevant Commercial Arbitration Act

For the purposes of the definition of procedural provisions of the Commercial Arbitration Act of this jurisdiction in section 270B(2) of the NGL, the prescribed provisions are as follows:

(a)if the NGL is applied as a law of the Commonwealth and a rule dispute is heard and determined in that jurisdiction, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2017 of the Australian Capital Territory;

(b)if the NGL is applied as a law of the State of New South Wales and a rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2010 of New South Wales;

(c)if the NGL is applied as a law of the State of Victoria and a rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2011 of Victoria;

(d)if the NGL is applied as a law of the State of Queensland and a rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2013 of Queensland;

(e)if the NGL is applied as a law of the State of South Australia and a rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2011 of South Australia;

(f)if the NGL is applied as a law of the State of Tasmania and a rule dispute is heard and determined in that State, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2011 of Tasmania;

(g)if the NGL is applied as a law of the Australian Capital Territory and a rule dispute is heard and determined in that Territory, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration Act 2017 of the Australian Capital Territory;

(h)if the NGL is applied as a law of the Northern Territory and a rule dispute is heard and determined in that Territory, Parts 4, 4A, 5 and 6 and sections 37, 38 and 39 of the Commercial Arbitration (National Uniform Legislation) Act 2011 of the Northern Territory.

7D—Modification of review provisions of relevant Commercial Arbitration Act

For the purposes of section 270C(2) of the NGL, the application of the review provisions of the Commercial Arbitration Act of this jurisdiction to the decision or determination under appeal is modified—

(a)as if—

(i)the Rules providing for a rule dispute were an arbitration agreement within the meaning of that Act; and

(ii)a reference to an arbitration in those provisions were a reference to the hearing of the rule dispute; and

(iii)a reference in those provisions to an award of an arbitrator were a reference to a decision or determination of a Dispute resolution panel or the other decision under appeal; and

(iv)a reference to a party to an arbitration agreement, or in an arbitration proceeding, in those provisions were a reference to a party to the rule dispute; and

(b)with any other alterations and modifications that are necessary.

7E—Review provisions of relevant Commercial Arbitration Act

For the purposes of the definition of review provisions of the Commercial Arbitration Act of this jurisdiction in section 270C(3) of the NGL, the prescribed provisions are as follows:

(a)if the NGL is applied as a law of the Commonwealth and a rule dispute is heard and determined in that jurisdiction, Part 7 of the Commercial Arbitration Act 2017 of the Australian Capital Territory;

(b)if the NGL is applied as a law of the State of New South Wales and a rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2010 of New South Wales;

(c)if the NGL is applied as a law of the State of Victoria and a rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2011 of Victoria;

(d)if the NGL is applied as a law of the State of Queensland and a rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2013 of Queensland;

(e)if the NGL is applied as a law of the State of South Australia and a rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2011 of South Australia;

(f)if the NGL is applied as a law of the State of Tasmania and a rule dispute is heard and determined in that State, Part 7 of the Commercial Arbitration Act 2011 of Tasmania;

(g)if the NGL is applied as a law of the Australian Capital Territory and a rule dispute is heard and determined in that Territory, Part 7 of the Commercial Arbitration Act 2017 of the Australian Capital Territory;

(h)if the NGL is applied as a law of the Northern Territory and a rule dispute is heard and determined in that Territory, Part 7 of the Commercial Arbitration (National Uniform Legislation) Act 2011 of the Northern Territory.

8—Service of summons to appear as witness

(1)A summons issued by the AER under Part 6.6 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 AER 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 AER; or

(f)the AER is satisfied that the person to be served has received a copy of the summons.

9—AER to be able to charge for costs of access disputes

Pursuant to section 216 of the NGL, the AER may—

(a)charge the parties to an access dispute for its costs in the access dispute; and

(b)apportion those costs between the parties.

10—Maximum civil monetary liabilities

(1)For the purposes of sections 91FED, 91FEH, 91K and 226 of the NGL, the maximum amounts are prescribed as follows:

(a)the maximum amount of AEMO's civil monetary liability to each person who suffers loss as a result of a relevant event is, in respect of that event—

(i)in the case of the performance or exercise, or purported performance or exercise, of a function or power relating to AEMO's declared system functions—$2 million;

(ia)in the case of the performance or exercise, or purported performance or exercise, of a function or power relating to AEMO's STTM functions—$2 million;

(ii)in any other case—$400 000;

(b)however, if the amount of AEMO's civil monetary liability to the person in respect of that event (as affected, if at all, by paragraph (a)) exceeds the prescribed amount in respect of the relevant event, the maximum amount of AEMO's civil monetary liability to that person in respect of that event is that prescribed amount;

(c)the maximum amount of each person's civil monetary liability with respect to giving Bulletin Board information to AEMO in its capacity as the operator of the Natural Gas Services Bulletin Board to each person who suffers loss as a result of a relevant event is, in respect of that event, $400 000;

(d)however, if the amount of a person's civil monetary liability with respect to giving Bulletin Board information to AEMO in respect of that event (as affected, if at all, by paragraph (c)) exceeds the prescribed amount in respect of the relevant event, the maximum amount of the person's civil monetary liability to a person in respect of that event is the prescribed amount;

(da)the maximum amount of each person's civil monetary liability with respect to giving STTM information to AEMO to each person who suffers loss as a result of a relevant event is, in respect of that event, $2 million;

(db)however, if the amount of a person's civil monetary liability with respect to giving STTM information to AEMO in respect of that event (as affected, if at all, by paragraph (da)) exceeds the prescribed amount in respect of the relevant event, the maximum amount of the person's civil monetary liability to a person in respect of that event is the prescribed amount;

(dc)the maximum amount of each person's civil monetary liability with respect to giving capacity auction information to AEMO in its capacity as the operator of a capacity auction to each person who suffers loss as a result of a relevant event is, in respect of that event, $400 000;

(dd)however, if the amount of a person's civil monetary liability with respect to giving capacity auction information to AEMO in respect of that event (as affected, if at all, by paragraph (dc)) exceeds the prescribed amount in respect of the relevant event, the maximum amount of the person's civil monetary liability to a person in respect of that event is the prescribed amount;

(e)paragraphs (a) to (dd) (inclusive) do not apply in relation to civil monetary liability for death or bodily injury;

(f)the maximum amount of the civil monetary liability of each officer or employee of AEMO to each person who suffers loss as a result of a relevant event is, in respect of that event, $1.

(2)AEMO and each person who gives Bulletin Board information or capacity auction information to AEMO must ensure that the following provisions are complied with in relation to claims against AEMO or a person who gives Bulletin Board information or capacity auction information to AEMO alleging civil monetary liabilities in respect of relevant events:

(a)the claims must be dealt with in an orderly manner, without bad faith and with reasonable dispatch;

(b)a register must be maintained containing the following in relation to each claim lodged with it:

(i)a unique identifier assigned to the claim and linked to each entry in the register relating to the claim;

(ii)the date on which the claim was lodged;

(iii)the amount of the claim (if stated by the claimant);

(iv)the date or dates on which the relevant event to which the claim relates is alleged to have occurred;

(v)the date of payment of the claim;

(vi)the amount paid on the claim;

(c)separate running totals must be kept in the register of—

(i)the amounts of the claims (as stated by the claimants) in relation to relevant events alleged to have occurred during the same prescribed 12 month period; and

(ii)the amounts paid on the claims in relation to relevant events alleged to have occurred during the same prescribed 12 month period;

(d)the running totals kept in the register must be made available for inspection by the public, during ordinary business hours and at no fee, in each participating jurisdiction in which AEMO or the person who gives Bulletin Board information or capacity auction information to AEMO carries on business;

(e)a person appointed by the AER must be allowed, at any time during ordinary business hours, to conduct inspections of the register and other records of AEMO or the person who gives Bulletin Board information or capacity auction information to AEMO, and to question officers and employees of AEMO or the person who gives Bulletin Board information or capacity auction information to AEMO, for the sole purpose of checking the accuracy of the register.

(2a)AEMO and each person who gives STTM information to AEMO must ensure that the following provisions are complied with in relation to claims against AEMO or a person who gives STTM information to AEMO alleging civil monetary liabilities in respect of relevant events:

(a)the claims must be dealt with in an orderly manner, without bad faith and with reasonable dispatch;

(b)a register must be maintained containing the following in relation to each claim lodged with it:

(i)a unique identifier assigned to the claim and linked to each entry in the register relating to the claim;

(ii)the date on which the claim was lodged;

(iii)the amount of the claim (if stated by the claimant);

(iv)the date or dates on which the relevant event to which the claim relates is alleged to have occurred;

(v)the date of payment of the claim;

(vi)the amount paid on the claim;

(c)separate running totals must be kept in the register of—

(i)the amounts of the claims (as stated by the claimants) in relation to relevant events alleged to have occurred during the same prescribed 12 month period; and

(ii)the amounts paid on the claims in relation to relevant events alleged to have occurred during the same prescribed 12 month period;

(d)the running totals kept in the register must be made available for inspection by the public, during ordinary business hours and at no fee, in each participating jurisdiction in which AEMO or the person who gives STTM information to AEMO carries on business;

(e)a person appointed by the AER must be allowed, at any time during ordinary business hours, to conduct inspections of the register and other records of AEMO or the person who gives STTM information to AEMO, and to question officers and employees of AEMO or the person who gives STTM information to AEMO, for the sole purpose of checking the accuracy of the register.

(3)In this regulation—

prescribed amount in respect of a relevant event means—

(a)in relation to AEMO—

(i)in the case of a relevant event relating to the performance or exercise, or purported performance or exercise, of a function or power relating to AEMO's declared system functions—the amount obtained by deducting from $100 million the aggregate of the amounts already paid by AEMO in discharge of AEMO's civil monetary liabilities to persons suffering losses as a result of relevant events within the same category occurring during the same prescribed 12 month period as that in which the relevant event occurred;

(ii)in the case of a relevant event within any other category—the amount obtained by deducting from $20 million the aggregate of the amounts already paid by the AEMO in discharge of AEMO's civil monetary liabilities to persons suffering losses as a result of relevant events within the same category occurring during the same prescribed 12 month period as that in which the relevant event occurred;

(b)in relation to a person who gives Bulletin Board information to AEMO—the amount obtained by deducting from $20 million the aggregate of the amounts already paid by the person in discharge of the person's civil monetary liabilities to persons suffering losses as a result of relevant events occurring during the same prescribed 12 month period as that in which the relevant event occurred;

(c)in relation to a person who gives STTM information to AEMO—the amount obtained by deducting from $100 million the aggregate of the amounts already paid by the person in discharge of the person's civil monetary liabilities to persons suffering losses as a result of relevant events occurring during the same prescribed 12 month period as that in which the relevant event occurred;

(d)in relation to a person who gives capacity auction information to AEMO—the amount obtained by deducting from $20 million the aggregate of the amounts already paid by the person in discharge of the person's civil monetary liabilities to persons suffering losses as a result of relevant events occurring during the same prescribed 12 month period as that in which the relevant event occurred;

prescribed 12 month period means each period of 12 months commencing on 1 July in any year and ending on 30 June in the following year;

relevant event means—

(a)in relation to AEMO—a negligent act or omission, or a series of connected negligent acts or omissions, in the performance or exercise, or purported performance or exercise, of a function or power falling into 1 of the following categories:

(i)AEMO's declared system functions and powers;

(ii)AEMO's functions and powers relating to its capacity as the operator of the National Gas Services Bulletin Board;

(iia)AEMO's STTM functions;

(iib)AEMO's capacity auction functions;

(iii)AEMO's functions and powers relating to a regulated retail gas market;

(iv)any other function or power of AEMO under the NGL or the Rules;

(b)in relation to a person who gives Bulletin Board information to AEMO—a negligent act or omission, or a series of negligent acts or omissions, in giving Bulletin Board information to AEMO;

(ba)in relation to a person who gives STTM information to AEMO—a negligent act or omission, or a series of negligent acts or omissions, in giving STTM information to AEMO;

(bb)in relation to a person who gives capacity auction information to AEMO—a negligent act or omission, or a series of negligent acts or omissions, in giving capacity auction information to AEMO;

(c)in relation to an officer or employee of AEMO—a negligent act or omission, or a series of negligent acts or omissions, in the performance or exercise, or purported performance or exercise, of a function or power of AEMO under the NGL or the Rules.

11—Retail market participation

(1)For the purposes of section 91LA(2)(g) of the NGL, the following classes are prescribed:

(a)swing service providers;

(b)shippers.

(2)Subregulation (1) only applies in relation to the regulated retail gas market of South Australia.

(3)In subregulation (1)—

shipper means a person who is a shipper within the meaning of the Retail Market Procedures governing the operation of the regulated retail gas market of South Australia;

swing service provider means a person who is a swing service provider within the meaning of the Retail Market Procedures governing the operation of the regulated retail gas market of South Australia.

13—Content of request for Rule

(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 298 of the NGL for the making of a Rule must be in writing.

14—Fees

(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.

14A—Greenfields pipeline incentive—extension of period

(1)Pursuant to section 173(2) of the NGL, in the case of the QCLNG Pipeline, the period of 3 years referred to in section 173(1) of the NGL is extended by a further 12 months.

(2)In subregulation (1)—

QCLNG Pipeline means the QCLNG Pipeline referred to in an application made by QCLNG Pipeline Pty Ltd (ACN 140 760 612) to the NCC under section 151 of the NGL and in respect of which the Commonwealth Minister made a 15‑year no‑coverage determination under section 156 of the NGL dated 15 June 2010, which is published on the NCC's website at http://www.ncc.gov.au.

14B—Indexation of civil and criminal penalty amounts

(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 first 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

A/B is calculated to the nearest 3 decimal places (and a fourth 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—

index number for a quarter means—

(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.

15—Transitional provision—declared wholesale gas market of adoptive jurisdiction

For the purposes of clause 60(2)(a) of Schedule 3 of the NGL, in relation to the declared wholesale gas market of Victoria as an adoptive jurisdiction, the following persons are to be automatically registered as Registered participants in the following capacities:

(a)as declared transmission system service providers:

(i)APA GasNet Australia (Operations) Pty Ltd (ACN 083 009 278);

(ii)APA GasNet Australia (NSW) Pty Ltd (ACN 079 136 413);

(b)as interconnected transmission pipeline service providers:

(i)Gas Pipelines Victoria Pty Ltd (ACN 079 003 099);

(ii)Jemena Vichub Pipeline Pty Ltd (ACN 085 550 689);

(iii)South East Australia Gas Pty Ltd (ACN 096 437 900);

(iv)Origin Energy Resources Limited (ACN 007 845 338);

(c)as distributors:

(i)Vic Gas Distribution Pty Ltd (ACN 085 899 001);

(ii)Multinet Gas (DB no 1) Pty Ltd (ACN 086 026 986) and Multinet Gas (DB no 2) Pty Ltd (ACN 086 230 122) trading as Multinet Gas Distribution Partnership;

(iii)SPI Networks (Gas) Pty Ltd (ACN 086 015 036) trading as SP AusNet;

(iv)The Albury Gas Co Ltd (ACN 000 001 249);

(d)as market participants—retailers:

(i)Origin Energy (VIC) Pty Ltd (ACN 086 013 283);

(ii)AGL Sales Pty Ltd (ACN 090 538 337);

(iii)TRUenergy Pty Ltd (ACN 086 014 968);

(iv)AGL Sales (Queensland) Pty Ltd (ACN 121 177 740);

(v)IPower Pty Ltd (ACN 111 267 228) and IPower 2 Pty Ltd (ACN 070 374 293) trading as Simply Energy;

(vi)Santos Direct Pty Ltd (ACN 108 846 288);

(vii)Victoria Electricity Pty Ltd (ACN 100 528 327);

(viii)Energy Australia (ABN 67 505 337 385);

(ix)Red Energy Pty Ltd (ACN 107 479 372);

(x)Australian Power and Gas Pty Ltd (ACN 118 609 813);

(e)as storage providers:

(i)APA GasNet Australia (Operations) Pty Ltd (ACN 083 009 278);

(ii)TRUenergy Gas Storage Pty Ltd (ACN 079 089 311);

(f)as producers:

(i)BHP Billiton Petroleum (Bass Strait) Pty Ltd (ACN 004 228 004);

(ii)Esso Australia Resources Pty Ltd (ACN 091 829 819);

(iii)Origin Energy Petroleum Pty Ltd (ACN 010 728 962);

(g)as market participants—producers:

(i)BHP Billiton Petroleum (Bass Strait) Pty Ltd (ACN 004 228 004);

(ii)Esso Australia Resources Pty Ltd (ACN 091 829 819);

(iii)Origin Energy Petroleum Pty Ltd (ACN 010 728 962);

(h)as market participants—traders:

(i)AGL Energy Sales and Marketing Ltd (ACN 076 092 067);

(ii)Origin Energy (VIC) Pty Ltd (ACN 086 013 283);

(iii)Southern Natural Gas Development Pty Ltd (ACN 004 724 038);

(iv)AGL Sales (Queensland) Pty Ltd (ACN 121 177 740);

(v)Origin Energy Uranquinty Power Pty Ltd (ACN 120 384 938);

(vi)Aurora Energy (Tamar Valley) Pty Ltd trading as AETV Power (ACN 123 391 613);

(vii)Victoria Electricity Pty Ltd (ACN 100 528 327);

(i)as a market participant—distribution customer—VISY Paper Pty Ltd (ACN 005 803 234);

(j)as transmission customers:

(i)Country Energy (ABN 37 428 185 226);

(ii)International Power (Energy) Pty Ltd (ACN 062 798 510);

(k)as market participants—transmission customers:

(i)Country Energy (ABN 37 428 185 226);

(ii)International Power (Energy) Pty Ltd (ACN 062 798 510).

16—Transitional provision—registered participants—retail market participation

(1)For the purposes of clause 60(2)(a) of Schedule 3 of the NGL, in relation to the regulated retail gas market of Queensland, the following persons are to be automatically registered as Registered participants in the following capacities:

(a)as distributors:

(i)APT Allgas Energy Pty Limited (ACN 009 656 446);

(ii)Envestra Limited (ACN 078 551 685);

(b)as retailers:

(i)AGL Sales (Queensland) Pty Limited (ACN 121 177 740);

(ii)AGL Sales Pty Limited (ACN 090 538 337);

(iii)Australian Power and Gas Pty Limited (ACN 118 609 813);

(iv)Origin Energy Retail Limited (ACN 078 868 425).

(2)For the purposes of clause 60(2)(a) of Schedule 3 of the NGL, in relation to the regulated retail gas market of South Australia, the following persons are to be automatically registered from 1 October 2009 as Registered participants in the following capacities:

(a)as a network operator—Envestra Limited (ACN 078 551 685);

(b)as users:

(i)AGL South Australia Pty Limited (ACN 091 105 092);

(ii)IPower Pty Limited (ACN 111 267 228) and IPower 2 Pty Limited (ACN 070 374 293) trading as Simply Energy;

(iii)Origin Energy Retail Limited (ACN 078 868 425);

(iv)Santos Direct Pty Ltd (ACN 108 846 288);

(v)TRUenergy Pty Ltd (ACN 086 014 968);

(c)as transmission system operators:

(i)Epic Energy South Australia Pty Limited (ACN 068 599 815);

(ii)South East Australia Gas Pty Ltd (ACN 096 437 900);

(iii)Envestra (SA) Limited (ACN 008 139 204);

(iv)Envestra Limited (ACN 078 551 685);

(v)APT Pipelines (SA) Pty Limited (ACN 124 754 347);

(d)as swing service providers:

(i)AGL Wholesale Gas (SA) Pty Limited (ACN 094 384 291);

(ii)TRUenergy Pty Ltd (ACN 086 014 968);

(iii)Origin Energy Retail Limited (ACN 078 868 425);

(iv)International Power (Energy) Pty Ltd (ACN 062 798 510);

(e)as shippers:

(i)AGL Wholesale Gas (SA) Pty Limited (ACN 094 384 291);

(ii)TRUenergy Pty Ltd (ACN 086 014 968);

(iii)Origin Energy Retail Limited (ACN 078 868 425);

(iv)International Power (Energy) Pty Ltd (ACN 062 798 510).

(3)For the purposes of clause 60(2)(a) of Schedule 3 of the NGL, in relation to the regulated retail gas market that relates to the Mildura region, Envestra Limited (ACN 078 551 685) is to be automatically registered from 1 October 2009 as a Registered participant as a network operator.

(4)For the purposes of clause 60(2)(a) of Schedule 3 of the NGL, in relation to the regulated retail gas market of Victoria (other than the Mildura region), the following persons are to be automatically registered as Registered participants in the following capacities:

(a)as transmission system service providers:

(i)APA GasNet Australia (Operations) Pty Ltd (ACN 083 009 278);

(ii)APA GasNet Australia (NSW) Pty Ltd (ACN 079 136 413);

(iii)Gas Pipelines Victoria Pty Ltd (ACN 079 003 099);

(iv)Jemena Vichub Pipeline Pty Ltd (ACN 085 550 689);

(v)South East Australia Gas Pty Ltd (ACN 096 437 900);

(vi)Origin Energy Resources Limited (ACN 007 845 338);

(b)as distributors:

(i)Vic Gas Distribution Pty Ltd (ACN 085 899 001);

(ii)Multinet Gas (DB no 1) Pty Ltd (ACN 086 026 986) and Multinet Gas (DB no 2) Pty Ltd (ACN 086 230 122) trading as Multinet Gas Distribution Partnership;

(iii)SPI Networks (Gas) Pty Ltd (ACN 086 015 036) trading as SP AusNet;

(iv)The Albury Gas Co Ltd (ACN 000 001 249);

(c)as market participants—retailers:

(i)Origin Energy (VIC) Pty Ltd (ACN 086 013 283);

(ii)AGL Sales Pty Ltd (ACN 090 538 337);

(iii)TRUenergy Pty Ltd (ACN 086 014 968);

(iv)AGL Sales (Queensland) Pty Ltd (ACN 121 177 740);

(v)IPower Pty Ltd (ACN 111 267 228) and IPower 2 Pty Ltd (ACN 070 374 293) trading as Simply Energy;

(vi)Santos Direct Pty Ltd (ACN 108 846 288);

(vii)Victoria Electricity Pty Ltd (ACN 100 528 327);

(viii)Energy Australia (ABN 67 505 337 385);

(ix)Red Energy Pty Ltd (ACN 107 479 372);

(x)Australian Power and Gas Pty Ltd (ACN 118 609 813);

(d)as market participants—other:

(i)APA GasNet Australia (Operations) Pty Ltd (ACN 083 009 278);

(ii)BHP Billiton Petroleum (Bass Strait) Pty Ltd (ACN 004 228 004);

(iii)Esso Australia Resources Pty Ltd (ACN 091 829 819);

(iv)TRUenergy Gas Storage Pty Ltd (ACN 079 089 311);

(v)Origin Energy Petroleum Pty Ltd (ACN 010 728 962);

(vi)AGL Energy Sales and Marketing Ltd (ACN 076 092 067);

(vii)VISY Paper Pty Ltd (ACN 005 803 234);

(viii)Origin Energy (VIC) Pty Ltd (ACN 086 013 283);

(ix)Country Energy (ABN 37 428 185 226);

(x)Southern Natural Gas Development Pty Ltd (ACN 004 724 038);

(xi)International Power (Energy) Pty Ltd (ACN 062 798 510);

(xii)AGL Sales (Queensland) Pty Ltd (ACN 121 177 740);

(xiii)Origin Energy Uranquinty Power Pty Ltd (ACN 120 384 938);

(xiv)Aurora Energy (Tamar Valley) Pty Ltd trading as AETV Power (ACN 123 391 613);

(xv)Victoria Electricity Pty Ltd (ACN 100 528 327).

(5)For the purposes of clause 60(2)(b) of Schedule 3 of the NGL, in relation to the regulated retail gas market of New South Wales and the Australian Capital Territory, persons who, on the relevant changeover date—

(a)fall within the ambit of Rule 135AB(1)(a) or (b) of the National Gas Rules and were, immediately before that date, members of Gas Market Company Limited (ACN 095 400 258); or

(b)fall within the ambit of Rule 135AB(1)(c) of the National Gas Rules and were, immediately before that date, a party to a Service Agreement with Gas Market Company Limited,

are specified as a class of persons to be automatically registered as Registered participants.

17—Transitional provision—Application of National Energy Retail Law in a participating jurisdiction

The variations made to these regulations by the National Gas (South Australia) (National Energy Retail Law) Variation Regulations 2012 do not apply in a participating jurisdiction until the National Energy Retail Law is applied in that jurisdiction as a law of that jurisdiction.

18—Deferral of capacity auctions for Northern Territory facilities

(1)This regulation applies to NT transportation facilities, other than any transportation facility (or part of a transportation facility) located wholly or partly in the Northern Territory that is declared by the Northern Territory Minister by notice in the Northern Territory Government Gazette to be an NT transportation facility to which this regulation does not apply.

(2)Until the expiration day—

(a)transportation capacity for use of a transportation service provided by means of an NT transportation facility to which this regulation applies must not be made available for purchase through a capacity auction; and

(b)section 91BRQ(1) of the NGL does not require a person to comply with the Capacity Transfer and Auction Procedures relating to the conduct and operation of a capacity auction to the extent the capacity auction is making available for purchase transportation capacity provided by means of an NT transportation facility to which this regulation applies; and

(c)section 91FEE(1) of the NGL does not apply to a person of the kind specified in that subsection in respect of capacity auction information relating to an NT transportation facility to which this regulation applies; and

(d)the refusal by a transportation service provider to offer a transportation service for use of an NT transportation facility to which this regulation applies through a capacity auction is not, for the purposes of section 228K(1) of the NGL, engaging in conduct for the purpose of preventing or hindering access; and

(e)the refusal by a transportation service provider to offer a transportation service for use of an NT transportation facility to which this regulation applies through a capacity auction is not, for the purposes of section 228L(1) of the NGL, engaging in price discrimination; and

(f)a standard OTSA for an NT transportation facility to which this regulation applies is not required to include auction services provided by means of the NT transportation facility.

(3)The MCE is to determine the day that is the expiration day for the purposes of this regulation.

(4)The MCE is to make the determination on a day that is after the fifth anniversary of the day on which the Capacity Trading and Auction amendments commence.

(5)The MCE is to cause notice of the expiration day to be published on AEMO's website and in the South Australian Government Gazette.

(6)This regulation expires on the expiration day.

(7)This regulation has effect despite any provision of the NGL, these regulations, the National Gas Rules, the Capacity Transfer and Auction Procedures or the Operational Transportation Services Code.

(8)In this regulation—

auction service means a transportation service provided by means of transportation capacity that has been bought in a capacity auction;

Capacity Trading and Auction amendments means the amendments made to the NGL by the National Gas (South Australia) (Capacity Trading and Auctions) Amendment Act 2018;

expiration day is the day determined under subregulation (3);

NT transportation facility means a transportation facility (or part of a transportation facility) located wholly or partly in the Northern Territory.

Schedule 1—Designated pipelines

3—Distribution pipelines—South Australia

(1)Distribution pipelines which immediately, before the commencement date, 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.

Schedule 2—Exclusions from definition of pipeline

Schedule 2A—Designated compression service facilities

In this Schedule—

CGP means the transmission pipeline between Ballera in South West Queensland and Mount Isa in Queensland;

QSN Link means the section of the gas transmission pipeline between Ballera in Queensland and Moomba in South Australia known as the QSN Link;

SWQP means the gas transmission pipeline between Wallumbilla in South East Queensland and Moomba in South Australia, including the section between Wallumbilla and Ballera in Queensland and the section known as the QSN Link between Ballera and Moomba.

Schedule 3—Civil penalty provisions

Part 1—Tier 1 civil penalty provisions

Provisions of the NGL

Section 56

Section 57

Section 83C

Section 91BE(1)

Section 91BF(1)

Section 91BJ(1)

Section 91BN(5)

Section 91BRD(1)

Section 91BRJ(5)

Section 91BRQ(5)

Section 91BRR(1)

Section 91LB(1)

Section 91MB(6)

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

Section 228K

Section 228L

Provisions of the Rules

Rule 109

Rule 137

Rule 138A(2)

Rule 138A(4)

Rule 150(1)

Rule 150(2)

Rule 151(1)

Rule 151(2)

Rule 152(6)(e)

Rule 156(1)

Rule 156(3)

Rule 156(4)

Rule 156(5)

Rule 157

Rule 158B(1)

Rule 158B(2)

Rule 158B(5)

Rule 165(1)

Rule 165(4)

Rule 387

Rule 390(2)

Rule 399(1)

Rule 399(2)

Rule 399(5)

Rule 399(6)

Rule 410(1)

Rule 414(1)

Rule 418(3)

Rule 435(4)

Rule 436(4)

Rule 440(2)

Rule 440(3)

Rule 442(3)

Rule 442(4)

Rule 442(5)

Rule 445(3)

Rule 446(4)

Rule 470

Rule 474(4)

Rule 478(1)

Rule 485(2)

Rule 487(3)

Rule 488(3)

Rule 488(10)

Rule 542

Rule 543

Rule 543A(1)

Rule 543A(2)

Rule 544

Rule 560(1)

Rule 562(3)

Rule 586(2)

Rule 612(2)

Rule 621(3)

Rule 621(4)

Rule 634(3)

Rule 638(1)

Rule 638(3)

Rule 639(2)

Rule 639(5)

Rule 640(1)

Rule 644(2)

Rule 644(3)

Rule 650(2)

Rule 650(3)

Rule 655(3)

Rule 660(2)

Rule 661(1)

Rule 661(2)

Rule 661(3)

Rule 662(1)

Rule 662(2)

Rule 662(3)

Rule 663(1)

Rule 663(2)

Rule 663(3)

Rule 672(4)

Part 2—Tier 2 civil penalty provisions

Provisions of the NGL

Section 91FC(3)

Section 91FC(4)

Section 91FEA

Section 91FEE

Section 131

Section 168

Section 223

Section 223A

Section 228C

Provisions of the Rules

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 135CE(2)

Rule 138

Rule 158A(1)

Rule 158A(2)

Rule 369

Rule 380(1)

Rule 419(7)(b)

Rule 420(6)(b)

Rule 551(1)

Rule 551(3)

Rule 552(1)

Rule 558(1)

Rule 558(2)

Rule 585(8)

Rule 593(4)

Rule 611(10)

Rule 634(4)

Rule 634(5)

Rule 636(1)

Rule 636(4)

Rule 649(1)

Rule 649(2)

Rule 665(1)

Rule 665(6)

Rule 666(1)

Rule 666(2)

Rule 666(4)

Part 3—Tier 3 civil penalty provisions

Provisions of the NGL

Section 228B

Provisions of the Rules

Rule 27(4)

Rule 476(1)

Rule 674(1)

Schedule 5, Part 3, rule 4(4)

Schedule 5, Part 3, rule 5(2)

Schedule 5, Part 3, rule 9(1)

Schedule 5, Part 4, rule 4(5)

Schedule 5, Part 4, rule 5(2)

Schedule 5, Part 4, rule 5(4)

Schedule 5, Part 4, rule 6(1)

Schedule 5, Part 4, rule 6(2)

Schedule 5, Part 5, rule 3(1)

Schedule 5, Part 5, rule 3(2)

Schedule 5, Part 5, rule 3(3)

Schedule 4—Conduct provisions

Provisions of the Act

Section 228C

Section 228J

Section 228K

Section 228L

Provisions of the Rules

Rule 33(1)

Rule 36

Rule 107

Rule 108

Rule 109

Rule 110

Rule 112

Rule 115(3)

Rule 137

Rule 138

Rule 138AC

Rule 165(1)

Rule 369

Rule 387

Rule 390(1)

Rule 394

Rule 399(1)

Rule 399(2)

Rule 399(5)

Rule 399(6)

Rule 410(1)

Rule 418(4)

Rule 419(7)(b)

Rule 420(6)(b)

Rule 421(1)

Rule 421(2)

Rule 421(3)

Rule 421(4)

Rule 421(6)

Rule 424(6)

Rule 435(4)

Rule 436(4)

Rule 440(3)

Rule 446(4)

Rule 452(6)

Rule 470

Rule 474(4)

Rule 476(1)

Rule 478(1)

Rule 485(2)

Rule 487(3)

Rule 488(3)

Rule 488(10)

Schedule 1, clause 26(7)

Rule 500A(3)

Rule 503

All provisions in Division 4 of Part 21

Rule 542

Rule 543

Rule 543A(1)—(2)

Rule 544

Rule 560(1)

Rule 562(3)

Rule 593(4)

Rule 634(3)

Rule 634(4)

Rule 634(5)

Rule 636(1)

Rule 636(4)

Rule 638(1)

Rule 638(3)

Rule 639(2)

Rule 639(5)

Rule 640(1)

Rule 641(1)

Rule 641(2)

Rule 643(5)

Rule 643(6)

Rule 643(9)

Rule 644(2)

Rule 644(3)

Rule 649(1)

Rule 650(2)

Rule 650(3)

Rule 655(3)

Rule 661(1)

Rule 661(2)

Rule 661(3)

Rule 662(1)

Rule 662(2)

Rule 662(3)

Rule 672(4)

Rule 674(1)

Schedule 5, Part 3, rule 9(1)

Schedule 5—Fees

Legislative history

Notes

•Please note—References in the legislation to other legislation or instruments or to titles of bodies or offices are not automatically updated as part of the program for the revision and publication of legislation and therefore may be obsolete.

•Earlier versions of these regulations (historical versions) are listed at the end of the legislative history.

•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or www.legislation.sa.gov.au.

Principal regulations and variations

New entries appear in bold.

Provisions varied

New entries appear in bold.

Entries that relate to provisions that have been deleted appear in italics.

Historical versions