- National Gas (NSW) Law No 31a
- Status information
- Long title
- Chapter 1 Preliminary
- Part 1 Citation and interpretation
- 1 Citation
- 2 Definitions
- 2A Additives and impurities
- 3 Meaning of civil penalty provision
- 3A Civil penalty amounts for breaches of civil penalty provisions
- 4 Meaning of conduct provision
- 5 Meaning of prospective user
- 6 Meaning of regulatory obligation or requirement
- 7 Meaning of regulatory payment
- 8 Meaning of service provider
- 8AA Meaning of transportation service provider
- 8AB Meaning of small shipper
- 8A Nominated distributors
- 9 Passive owners of pipelines deemed to provide or intend to provide pipeline services
- 10 Things done by 1 service provider to be treated as being done by all of service provider group
- 11 Local agents of foreign service providers
- 12 Commissioning of a pipeline
- 13 Pipeline classification criterion
- 14 Local regulations may exempt pipeline
- 15 (Repealed)
- 16 Form of regulation factors
- 17 Effect of separate and consolidated access arrangements in certain cases
- 18 Certain extensions to, or expansion of the capacity of, pipelines to be taken to be part of a scheme pipeline
- 19 Expansions of the capacity of non-scheme pipelines to be taken to be part of non-scheme pipeline
- 19A Related bodies corporate
- 20 Interpretation generally
- Part 2 Participating jurisdictions
- Part 3 National gas objective and principles
- Part 4 Operation and effect of National Gas Rules
- Part 5 Corporations Act displacement
- Chapter 2 Functions and powers of gas market regulatory entities
- Part 1 Functions and powers of the Australian Energy Regulator
- Division 1 General
- Division 1AA Wholesale gas markets—AER monitoring and reporting functions
- Subdivision 1 Preliminary
- Subdivision 2 Use of general information gathering powers
- Subdivision 3 Market monitoring information notices and market monitoring information orders
- 30AH Definitions
- 30AI Urgent notices and urgent orders
- 30AJ Content of notices and orders
- 30AK Notices and orders may be made for both past and future information
- 30AL Making and serving notices and orders
- 30AM AER must consult before making order
- 30AN Publication of orders
- 30AO Opportunity to be heard before notice served
- 30AP Compliance with notice
- 30AQ Compliance with order
- 30AR Certification of compliance by statutory declaration
- 30AS Subdivision does not limit powers under Division 3
- Subdivision 4 Miscellaneous
- Division 1A Rate of return instrument
- Subdivision 1 Preliminary
- Subdivision 2 Requirement to make rate of return instrument
- Subdivision 3 Consultation requirements
- 30F Process for making rate of return instrument
- 30G Other matters AER must have regard to in making instrument
- 30H Requirements before publishing draft instrument
- 30I Consumer reference group
- 30J Publication of draft instrument and other information
- 30K Report about draft instrument by independent panel
- 30L Publication of explanatory information
- 30M Failure to comply does not affect validity
- Subdivision 4 Publication, review and other matters
- Subdivision 5 Confidentiality of information
- Division 1B AER trial waiver functions
- 30U Definitions
- 30V Interpretative matters
- 30W Trial waiver
- 30X Conditions of trial waiver
- 30Y Consultation on trial waiver
- 30Z Publication etc of trial waiver
- 30ZA Duration of trial waiver
- 30ZB Extension of trial waiver
- 30ZC Compliance with trial waiver
- 30ZD Revocation of trial waiver
- 30ZE Other matters
- Division 2 Search warrants
- 31 Definitions
- 32 Authorised person
- 33 Identity cards
- 34 Return of identity cards
- 35 Search warrant
- 36 Announcement of entry and details of warrant to be given to occupier or other person at premises
- 37 Immediate entry permitted in certain cases
- 38 Copies of seized documents
- 39 Retention and return of seized documents or things
- 40 Extension of period of retention of documents or things seized
- 41 Obstruction of persons authorised to enter
- Division 3 General information gathering powers
- Division 4 Regulatory information notices, general regulatory information orders and price information orders
- Subdivision 1 Interpretation
- Subdivision 2 Serving and making of regulatory information instruments
- 48 Service and making of regulatory information instruments
- 49 Additional matters to be considered for related provider regulatory information instruments
- 50 AER must consult before publishing an order
- 51 Publication requirements for orders
- 52 Opportunity to be heard before regulatory information notice is served
- Subdivision 3 Form and content of regulatory information instruments
- Subdivision 4 Compliance with regulatory information instruments
- 56 Compliance with regulatory information notice that is served
- 57 Compliance with order
- 57A Confidentiality issues
- 57B Disclosure of information given to AER in compliance with regulatory information instrument
- 58 Exemption from compliance with general regulatory information order or price information order
- 59 Assumptions where there is non-compliance with regulatory information instrument
- Subdivision 5 General
- Division 4A Monitoring service providers
- Division 5 Service provider performance reports relating to scheme pipelines
- Division 5A Compliance and performance
- Division 6 Miscellaneous matters
- 65 Consideration by the AER of submissions or comments made to it under this Law or the Rules
- 66 Use of information provided under a notice under section 42 or a regulatory information instrument
- 67 AER to inform certain persons of decisions not to investigate breaches, institute proceedings or serve infringement notices
- 68 AER Guidelines
- 68A Single documentation
- 68B Use of information
- 68C (Repealed)
- Part 2 Functions and powers of the Australian Energy Market Commission
- Division 1 General
- Division 2 Rule making functions and powers of the AEMC
- 74 Subject matter for National Gas Rules
- 75 Rules relating to MCE or Ministers of participating jurisdictions require MCE consent
- 76 AEMC must not make Rules that create criminal offences or impose civil penalties for breaches
- 77 Documents etc applied, adopted and incorporated by Rules to be publicly available
- Division 3 Committees, panels and working groups of the AEMC
- Division 4 MCE directed reviews
- Division 5 Other reviews
- Division 6 Miscellaneous matters
- Part 3 Functions and powers of Ministers of participating jurisdictions
- Part 4
- Part 5 Functions and powers of Tribunal
- Part 6 Role of AEMO under National Gas Law
- Division 1 General
- Division 1A AEMO’s east coast gas system reliability and supply adequacy functions
- 91AD AEMO’s east coast gas system reliability and supply adequacy functions
- 91AE AEMO to account to relevant Minister for performance of east coast gas system reliability and supply adequacy functions
- 91AF AEMO’s power of direction—east coast gas system reliability and supply adequacy
- 91AG East Coast Gas System Procedures
- 91AH Compliance with East Coast Gas System Procedures
- Division 2 AEMO’s declared system functions
- Subdivision 1 Preliminary
- Subdivision 2 Power of direction
- Subdivision 3 AEMO’s relationship with transmission system service providers and facility owners
- Subdivision 4 Declared wholesale gas market
- Subdivision 5 Wholesale Market Procedures
- Subdivision 6 Ownership of gas in declared transmission system
- Subdivision 7 Immunity
- Division 2A Short term trading markets
- Division 2B Gas trading exchanges
- Division 2C Capacity auctions for transportation services
- Division 2D Capacity Transfer and Auction Procedures
- Division 2E Registration in relation to transportation facility
- Division 3 Information etc to be provided to Ministers
- Division 4 Gas statement of opportunities
- 91D Object and content of gas statement of opportunities
- 91DA AEMO’s obligation in regard to gas statement of opportunities
- 91DB Information for the gas statement of opportunities
- 91DC Person cannot rely on duty of confidence to avoid compliance with obligation
- 91DD Giving AEMO false or misleading information
- 91DE Immunity of persons giving GSOO information to AEMO
- 91DF GSOO Procedures
- 91DG Nature of GSOO Procedures
- 91DH Compliance with GSOO Procedures
- Division 5 Fees and charges
- Division 6 Information gathering
- Division 7 Protected information
- Subdivision 1 AEMO’s obligation to protect information
- Subdivision 2 Disclosure of protected information held by AEMO
- 91GA Authorised disclosure of protected information
- 91GB Disclosure with prior written consent
- 91GC Disclosure required or permitted by law etc
- 91GD Disclosure for purposes of court and tribunal proceedings
- 91GE Disclosure of document with omission of protected information
- 91GF Disclosure of non-identifying information
- 91GFA Disclosure of information in an aggregated form
- 91GG Disclosure of protected information for safety, proper operation of the market etc
- 91GH Disclosure of protected information authorised if detriment does not outweigh public benefit
- Division 8 Obligation to make payments
- Division 9 AEMO’s statutory funds
- Division 10 Immunity
- Division 11 Other matters
- Part 7 Regulation of retail gas markets
- Chapter 3 Regulatory framework for pipelines
- Part 1 Scheme pipeline determinations and scheme pipeline elections
- Part 2 Scheme pipeline revocation determinations
- Part 3 Greenfields incentive determinations and greenfields price protection determinations
- Division 1 Greenfields incentive determinations
- 100 AER may make greenfields incentive determination
- 101 Requirements for making, or not making, a greenfields incentive determination
- 102 Effect of greenfields incentive determination
- 103 Requirement for conformity between pipeline description and pipeline as constructed
- 104 Power of AER to amend pipeline description
- Division 2 Early termination of greenfields incentive determination
- Division 3 Greenfields price protection determinations
- Part 4 Principles governing the making of particular determinations
- Part 5 Access arrangements for scheme pipelines
- Part 6 Classification and reclassification of pipelines
- Part 7 AER reviews into designated pipelines
- Chapter 4 General requirements for provision of pipeline services
- Part A1 Preliminary
- Part 1 General duties for provision of pipeline services by pipelines
- 131 Service provider must be legal entity of a specified kind to provide pipeline services
- 132 (Repealed)
- 133 Preventing or hindering access
- 134 (Repealed)
- 135 Service provider must comply with queuing requirements
- 136 Compliance with pipeline interconnection principles
- 136A Prohibition against increasing charges to subsidise particular development
- 136B Prohibition on bundling of services
- 136C Service providers must publish prescribed transparency information
- Part 2 Structural and operational separation requirements (ring fencing)
- Part 3 Negotiation of access
- Part 4 AER reviews about application of this Chapter
- Chapter 5 Access disputes
- Part 1 Interpretation and application
- Part 2 Notice of access dispute and other provisions
- Part 3 Alternative dispute resolution for access disputes
- Part 4 Arbitration of non-scheme pipeline access disputes
- Part 5 Access determination
- Part 6 Variation of access determinations
- Part 7 Termination of access dispute
- Part 8 Compliance with access determinations
- Part 9 Access dispute hearing procedure
- 172 Part applies subject to any modifications prescribed by the Regulations
- 173 Fast track resolution process—scheme pipeline access disputes
- 174 Hearing to be in private
- 175 Right to representation
- 176 Procedure of relevant adjudicator
- 177 Particular powers of relevant adjudicator in a hearing
- 178 Role of a dispute resolution expert
- 178A (Repealed)
- 179 Disclosure of information
- 180 Power to take evidence on oath or affirmation
- 181 Failing to attend as a witness
- 182 Failing to answer questions etc
- 183 Intimidation etc
- 184 Particular powers of a relevant adjudicator in a hearing
- Part 10 Costs
- Part 11 Joint access dispute hearings—scheme pipeline disputes
- Part 12 Miscellaneous matters
- Chapter 5A Third-party access obligations for non-pipeline facilities
- Chapters 6, 6A
- Chapter 7 The Gas Bulletin Board
- Chapter 7A Access to operational transportation services
- Chapter 8 Proceedings under the National Gas Law
- Part 1 Proceedings generally
- Part 1A Enforceable undertakings
- Part 2 Proceedings for breaches of this Law, Regulations, the Rules or the Procedures
- Part 3 Matters relating to breaches of this Law, the Regulations or the Rules
- 234 Matters for which there must be regard in determining amount of civil penalty
- 235 Breach of a civil penalty provision is not an offence
- 236 Breaches of civil penalty provisions involving continuing failure
- 237 Conduct in breach of more than 1 civil penalty provision
- 238 Persons involved in breach of civil penalty provision or conduct provision
- 239 Attempt to breach a civil penalty provision
- 240 Civil penalties payable to the Commonwealth
- Part 4 Judicial review of decisions under this Law, the Regulations and the Rules
- Part 5 Merits review and other non-judicial review
- Part 5A Dispute resolution under the Rules
- Part 6 Enforcement of access determinations
- Part 7 Infringement notices
- 277 Power to serve notice
- 278 Form of notice
- 279 Infringement penalties
- 280 AER cannot institute proceedings while infringement notice on foot
- 281 Late payment of penalty
- 282 Withdrawal of notice
- 283 Refund of infringement penalty
- 284 Payment expiates breach of civil penalty provision
- 285 Payment not to have certain consequences
- 286 Conduct in breach of more than 1 civil penalty provision
- Part 8 Further provision for corporate liability for breaches of this Law etc
- Chapter 9 The making of the National Gas Rules
- Part 1 General
- Part 2 Minister initiated National Gas Rules
- Division 1 Initial Rules made by Minister
- 294 South Australian Minister to make initial National Gas Rules
- 294A South Australian Minister to make initial Rules and Procedures related to AEMO’s functions under this Law
- 294B South Australian Minister to make initial Rules related to AEMO’s declared STTM functions
- 294C South Australian Minister may make initial Rules and Retail Market Procedures relating to implementation of NERL and NERR
- 294CA South Australian Minister may make consequential Rules relating to rate of return instrument
- 294D South Australian Minister to make initial Rules relating to AEMO’s gas trading exchange functions
- 294DA South Australian Minister to make initial Rules relating to the capacity reforms
- 294E South Australian Minister to make initial Rules relating to Energy Consumers Australia
- 294EA South Australian Minister to make initial Rules relating to regulatory sandboxing
- 294F South Australian Minister to make initial Rules relating to access to non-scheme pipelines
- 294FA South Australian Minister to make initial Rules relating to enhanced market transparency
- 294FB South Australian Minister to make initial Rules relating to pipeline regulation
- 294FC South Australian Minister to make initial Rules relating to national gas objective
- 294FD South Australian Minister to make initial Rules relating to other gases
- 294FE South Australian Minister to make initial Rules relating to wholesale market monitoring matters
- Division 2 Rules made by Minister from time to time
- Part 3 Procedure for the making of a Rule by the AEMC
- 295 Initiation of making of a Rule
- 296 AEMC may make more preferable Rule in certain cases
- 297 AEMC may make Rules that are consequential to a Rule request
- 298 Content of requests for a Rule
- 299 Waiver of fee for Rule requests
- 300 Consolidation of 2 or more Rule requests
- 301 Initial consideration of request for Rule
- 302 AEMC may request further information from Rule proponent in certain cases
- 303 Notice of proposed Rule
- 304 Publication of non-controversial or urgent final Rule determination
- 304A Publication of final Rule determination for trial Rule
- 305 “Fast track” Rules where previous public consultation by gas market regulatory body or an AEMC review
- 306 Right to make written submissions and comments
- 307 AEMC may hold public hearings before draft Rule determination
- 308 Draft Rule determination
- 309 Right to make written submissions and comments in relation to draft Rule determination
- 310 Pre-final Rule determination hearing may be held
- 311 Final Rule determination
- 312 Proposal to make more preferable Rule
- 313 Making of Rule
- 314 Operation and commencement of Rule
- 314A Extension of trial Rule
- 314B AEMC may impose requirements on proponent of trial project on making trial Rule
- 314C AEMC may revoke trial Rule on recommendation of AER
- 314D Special provision for revocation of trial Rule
- 315 Rule that is made to be published on website and made available to the public
- 316 Evidence of the National Gas Rules
- Part 4 Miscellaneous provisions relating to rule making by the AEMC
- 317 Extension of periods of time in Rule making procedure
- 318 AEMC may extend period of time for making of final Rule determination for further consultation
- 319 AEMC may publish written submissions and comments unless confidential
- 320 AEMC must publicly report on Rules not made within 12 months of public notification of requests
- 320A Subsequent rule making by AEMC
- Chapter 10 General
- Part 1
- Part 2 Handling of confidential information
- Division 1 Disclosure of confidential information held by AER
- 324 Authorised disclosure of information given to the AER in confidence
- 325 Disclosure with prior written consent is authorised
- 326 Disclosure for purposes of court and tribunal proceedings and to accord natural justice
- 326A Disclosure of information to Energy Security Board
- 327 Disclosure of information given to the AER with confidential information omitted
- 328 Disclosure of information given in confidence does not identify anyone
- 328A Disclosure of information that has entered the public domain
- 328B Disclosure of information in an aggregated form
- 329 Disclosure of information authorised if detriment does not outweigh public benefit
- Division 2 Disclosure of confidential information held by AEMC
- Part 3 Miscellaneous
- 332 Failure to make a decision under this Law or the Rules within time does not invalidate the decision
- 333 Withdrawal of applications relating to particular determinations or classification
- 334, 335 (Repealed)
- 335A Penalty privilege
- 335B Court may grant relief from liability
- 336 Savings and transitionals
- Schedule 1 Subject matter for the National Gas Rules
- Schedule 2 Miscellaneous provisions relating to interpretation
- Schedule 3 Savings and transitionals
- Historical notes
National Gas (NSW) Law No 31a
Current
version
for 8 May 2024
to date
(accessed 19 May 2024 at 23:48)
Status information
Currency of version
Current
version
for 8 May 2024
to date
(accessed 19 May 2024 at 23:48)
Legislation on this site is usually updated within 3 working days after a change to the legislation.
Provisions in force
The provisions displayed in this version of the legislation have all commenced. See
Historical Notes
Note—
The National Gas Law is applied and modified as a law of NSW by the NSW National Gas (New South Wales) Act 2008. This version is the Law as it currently applies in NSW.
The National Gas Law is applied and modified as a law of NSW by the NSW National Gas (New South Wales) Act 2008. This version is the Law as it currently applies in NSW.
Authorisation
This version of the legislation is compiled and maintained in a database of legislation by the Parliamentary Counsel's Office and published on the NSW legislation website, and is certified as the form of that legislation that is correct under section 45C of the
Interpretation Act 1987.