Regulatory arrangements in Western Australia implement a uniform national framework for access to gas pipelines initially agreed by all Australian Governments on 25 February 1994.
The objective of this uniform national framework is to:
- facilitate the development and operation of a national market for natural gas; and
- prevent abuse of monopoly power; and
- promote a competitive market for natural gas in which customers may choose suppliers, including producers, retailers and traders; and provide rights of access to natural gas pipelines on conditions that are fair and reasonable for the owners and operators of gas transmission and distribution pipelines and persons wishing to use the services of those pipelines; and
- provide for resolution of disputes.
In Western Australia, the uniform national framework is also applicable to certain pipelines for the reticulation of gas other than natural gas.
The uniform national framework is enacted in Western Australia by the Gas Pipelines Access (WA) Act 1998. This Act implements the Gas Pipelines Access (Western Australian) Law comprising:
- legislative provisions set out in Schedule 1 of the Act; and
- the National Third Party Access Code for Natural Gas Pipeline Systems (the Code) as set out in Schedule 2 of the Act.
In jurisdictions other than Western Australia the legislation is applied by means of application legislation with South Australia as the lead legislator. The Gas Pipelines Access (Western Australian) Law has been enacted as complementary legislation having an essentially identical effect to the Gas Pipelines Access Law enacted as schedules to the South Australian legislation.
The Gas Pipelines Access Law is supported by an intergovernmental agreement, The National Gas Pipelines Access Agreement, signed by all Australian Governments on the 7 November 1997.
This intergovernmental agreement is consistent with the general principles of the National Competition Policy, which was agreed by all Australian Governments on 11 April 1995.
Click here for further information and to view copies of the National Competition Policy Agreements.
In Western Australia the ERA is the Relevant Regulator referred to in the code and is responsible for the regulation of access to both gas transmission and distribution pipelines located within the boundaries of the State.
Owners of covered pipelines are required to lodge access arrangements with the ERA within prescribed time limits.
Click here for the list of Western Australian pipelines covered by the Code.
Click here to view a chart showing gas pipelines in Western Australia.
A dispute between a provider of gas pipeline services and another party seeking access to the pipeline may be referred to the Gas Disputes Arbitrator for resolution.
In Western Australia the Arbitrator is independent of the ERA and has the additional function of Gas Referee under transitional legislation. The Arbitrator also performs the functions of Gas Referee where the provisions of earlier legislation were written into contracts when that legislation was in force.
