Terms used
3 Terms used
In this Act, unless the contrary intention appears —
access determination means a decision or determination, made under a Gas Access Law, on access to a pipeline service provided by means of a pipeline, that has not been reflected in or replaced by a contract for the pipeline service;
Coordinator means the Coordinator of Energy referred to in the Energy Coordination Act 1994 section 4;
exempt contract —
means a contract in respect of which a declaration under the Gas Corporation Act 1994 Schedule 5 clause 6 was in force immediately before the coming into operation of the Dampier to Bunbury Pipeline Act 1997 Schedule 4 clause 17(4); and
includes a contract entered into —
in substitution for a contract referred to in paragraph (a) or any provision of such a contract; or
by way of amendment of a contract referred to in paragraph (a) or subparagraph (i);
Gas Access Law means —
the National Gas Access (Western Australia) Law, the Rules made under that Law and the regulations made under the National Gas Access (WA) Act 2009; or
the Gas Pipelines Access (Western Australia) Law, and the regulations, in force under the Gas Pipelines Access (Western Australia) Act 1998 before the commencement of the National Gas Access (WA) Act 2009 section 30;
gas consumer means a person who —
receives gas that has been transported through a gas transmission pipeline; and
in the previous 12 months, consumed, at any one site, at least one terajoule of gas that had been transported through a gas transmission pipeline;
gas distribution system means a distribution system as defined in the Energy Coordination Act 1994 section 3(1);
gas producer means a person who supplies, or proposes to supply, gas that will flow into a gas transmission pipeline and who is —
the registered holder of a petroleum production licence under the Petroleum, Geothermal Energy and Greenhouse Gas Storage Act 1967; or
the registered holder of a petroleum production licence under the Petroleum and Greenhouse Gas Storage (Submerged Lands) Act 1982 Part 3; or
the registered holder of a petroleum production licence under the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Commonwealth); or
prescribed for the purposes of this definition,
but does not include —
a person in the person’s capacity as an operator of a gas storage facility; or
a person declared not to be a gas producer by regulations made for the purposes of this definition;
gas storage facility means a gas storage facility, with a storage capacity of more than 50 terajoules, prescribed for the purposes of this definition;
gas transmission pipeline means a pipeline as defined in the Petroleum and Greenhouse Gas Pipelines Act 1969 section 4 and includes a pipeline (as defined for the purposes of this definition) declared to be a gas transmission pipeline by regulations made for the purposes of this definition but does not include a pipeline (as defined for the purposes of this definition) declared not to be a gas transmission pipeline by regulations made for the purposes of this definition;
inlet point, on a gas transmission pipeline, means —
a point on the pipeline at which gas flows into the pipeline; or
a number of such points that are adjacent to each other and that are declared to be a single point by regulations made for the purposes of this definition;
operator, of a gas transmission pipeline, means a person who is the registered holder of a licence in respect of the pipeline, under the Petroleum and Greenhouse Gas Pipelines Act 1969 and includes a person (who owns or operates the pipeline) prescribed for the purposes of this definition;
PIA pipeline has the meaning given in section 5;
pipeline, for the purposes of the definition of gas transmission pipeline, means a pipeline as defined in the Petroleum and Greenhouse Gas Pipelines Act 1969 section 4 as if paragraph (b) of the definition were deleted;
pipeline impact agreement has the meaning given in section 6(1)(a);
pipeline service has the meaning given in the National Gas Access (Western Australia) Law section 2;
pipeline services agreement, in relation to a gas transmission pipeline, means —
a contract for a pipeline service provided by means of the pipeline; or
an access determination in relation to the pipeline;
reference specification, for a gas transmission pipeline, means the gas quality specification prescribed for the pipeline for the purposes of this definition;
relevant effects, on the capacity, operations and maintenance of a PIA pipeline, has the meaning given in section 7(2);
site, in the definition of gas consumer, means a place, other than a place that is or is part of a gas transmission pipeline or a gas storage facility, where a person consumes gas delivered to the person through an outlet point on a gas transmission pipeline or gas distribution system;
specified, in relation to an instrument made under this Act, means specified in that instrument;
standard specification, for a gas transmission pipeline, means the gas quality specification specified for the pipeline under section 13;
user, of a gas transmission pipeline, means a person provided a pipeline service by means of the pipeline under a pipeline services agreement to which the person is a party.
Before a reference specification or a standard specification for a gas transmission pipeline is amended, the Minister must consult with —
the operator of the pipeline; and
any other person to the extent to which the Minister considers necessary in relation to the proposed amendment.
A regulation to amend a reference specification or a standard specification for a gas transmission pipeline cannot be expressed to come into effect until after the period during which it is subject to disallowance under the Interpretation Act 1984 section 42.
[Section 3 amended: No. 17 of 2024 s. 391 and 433-436.]
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