1Short title
This is the National Gas Access (WA) Act 2009.
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Bill homepageThis is the National Gas Access (WA) Act 2009.
This Act comes into operation as follows —
sections 1 and 2 — on the day on which this Act receives the Royal Assent;
the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.
In this Act —
National Gas Access (Western Australia) Law means the provisions applying because of section 7;
National Gas Access (Western Australia) Regulations means the provisions applying because of section 8;
South Australian Act means the National Gas (South Australia) Act 2008 of South Australia as amended from time to time.
Words and expressions used in the National Gas Access (Western Australia) Law (whether or not defined in section 9(1)) and in this Act have the same respective meanings in this Act as they have in that Law.
This section does not apply to the extent that the context or subject matter otherwise indicates or requires.
This Act, the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations bind the Crown in right of the State and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.
This Act, the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations apply in the coastal waters of this State as if the coastal waters were within the limits of the State.
In this section —
adjacent area in respect of the State means the adjacent area of this jurisdiction under the National Gas Access (Western Australia) Law (as defined in section 9(1) of this Act);
coastal waters, in relation to this State, means any sea that is on the landward side of the adjacent area in respect of the State but is not within the limits of the State.
It is the intention of the Parliament that this Act, the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations should, so far as possible, operate to the full extent of the extra‑territorial legislative power of the State.
The National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations apply to a pipeline for hauling gas other than natural gas if the pipeline constitutes or is part of a system for which a licence is in force under Part 2A of the Energy Coordination Act 1994.
Subsection (1) has effect —
despite the provisions of the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations; and
as if, for the purposes of that subsection, a reference in that Law and those Regulations to natural gas were amended to include a reference to gas other than natural gas.
In this section —
gas other than natural gas means substances which —
are in a gaseous state at standard temperature and pressure; and
consist of —
naturally occurring hydrocarbons; or
a naturally occurring or manufactured mixture of hydrocarbons and non‑hydrocarbons, the principal constituent of which is propane, propene, butanes, butenes or a mixture of all or any of those substances or kinds of substances.
The Interpretation Act 1984 does not apply to the National Gas Access (Western Australia) Law, to regulations under Part 3, or to Rules under the National Gas Access (Western Australia) Law.
Despite subsection (1), section 25 of the Interpretation Act 1984 applies to the making of regulations under Part 3.
The Western Australian National Gas Access Law text —
applies as a law of Western Australia; and
as so applying may be referred to as the National Gas Access (Western Australia) Law.
In subsection (1) —
Western Australian National Gas Access Law text means the text that results from modifying the National Gas Law, as set out in the South Australian Act Schedule for the time being in force, to give effect to section 7A(3) and (4) and Schedule 1.
This section applies if, after the day on which the South Australian Act receives the Royal Assent, the Parliament of South Australia enacts a provision to make an amendment to the Schedule to the South Australian Act as in force from time to time (an SA Schedule amendment).
The Minister may by order declare that an SA Schedule amendment is relevant to the Western Australian National Gas Access Law text.
If the Minister has not declared that an SA Schedule amendment is relevant, the Western Australian National Gas Access Law text remains as if the amendment had not been made.
If the Minister has declared that an SA Schedule amendment is relevant, the Western Australian National Gas Access Law text remains, until the beginning of the day fixed by subsection (5), as if the amendment had not been made.
The day fixed is the day on which the order is published in the Government Gazette unless a later day is specified in the order, in which case it is the day specified.
Subsection (4) does not give an SA Schedule amendment any earlier effect in this State than it has in South Australia.
The Governor may make regulations under this section amending Schedule 1 as is necessary or expedient to deal with consequences of —
an SA Schedule amendment; or
giving effect to section 7A(3) or (4).
The regulations in force for the time being under Part 3 —
apply as regulations in force for the purposes of the National Gas Access (Western Australia) Law; and
as so applying may be referred to as the National Gas Access (Western Australia) Regulations.
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