National Gas Access (WA) (Part 3) Regulations 2009

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.

For the purposes of Schedule 1, the WA commencement date is the date of commencement of the National Gas Access (WA) (Part 3) Regulations 2009.

a gas processing plant listed in column 1 of the table in Schedule 2 is a prescribed gas processing plant; and

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).

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.

A civil penalty provision listed in Schedule 3 Division 1 is prescribed for the purposes of section 3A(1)(c) of the NGL and is a tier 1 civil penalty provision.

A civil penalty provision listed in Schedule 3 Division 2 is prescribed for the purposes of section 3A(1)(b) of the NGL and is a tier 2 civil penalty provision.

A civil penalty provision to which section 3A(1)(a) of the NGL applies is a tier 3 civil penalty provision.

A summons issued by the dispute resolution body under Chapter 6 Part 6 of the NGL must include —

the name and address of the person on whom the summons is to be served; and

if the summons is for the production of a document —

a proper description of the document; and

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;

the date, time and place of the hearing of the dispute resolution body at which the person is required to attend and (if required) to produce the document.

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.

The summons will be taken to be effectively served if —

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

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

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

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

an answer to the summons is filed with the dispute resolution body; or

the dispute resolution body is satisfied that the person to be served has received a copy of the summons.

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

apportion those costs between the parties.

For the purposes of section 298 of the NGL, a request for the making of a Rule must contain the following information —

the name and address of the person making the request;

a description of the Rule that the person proposes be made;

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;

an explanation of how the proposed Rule will or is likely to contribute to the achievement of the national gas objective;

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;

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).

A request under section 295 of the NGL for the making of a Rule must be in writing.

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 —

for the 1^st adjustment — the sum of the index numbers for the 4 quarters in the 2022 calendar year; and

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;

An amount adjusted under this regulation is to be rounded up or down as follows —

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);

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).

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.

In this regulation —

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

if the Australian Statistician fails or ceases to publish that Index, another index number determined by the MCE for that quarter.

The fees set out in Schedule 5 are prescribed.

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.