New South Wales Consolidated Acts

GAS SUPPLY ACT 1996 - SECT 33K

33K Market operations rules

(cf section 63C of Electricity Supply Act 1995 )

(1) The Minister may approve rules for or with respect to the following matters--

(c) the operation of distribution pipelines,

(d1) the establishment and operation of a wholesale natural gas market scheme, to ensure the continuity of supply of natural gas to customers, that will apply to the owners and operators of natural gas transmission pipelines, shippers of natural gas and authorised reticulators and retailers,

(f) any other matter prescribed by the regulations,

(g) matters ancillary to or consequential on the matters set out in paragraphs (c)-(f).

(2) A rule may make provision for or with respect to a matter by applying, adopting or incorporating, with or without modification, the provisions of any Act or statutory rule or any other publication, whether of the same or of a different kind.

(2A) Rules referred to in subsection (1) (d1) may make provision for or with respect to the following--

(a) interruptions to the supply of natural gas in circumstances specified in the rules,

(b) the functions of the scheme regulator (being the person identified as such by the rules) with respect to ensuring compliance with the rules, including--

(i) the power to make orders against the owners and operators of natural gas transmission pipelines, shippers of natural gas and authorised reticulators and retailers (the
"scheme participants" ), and

(ii) the power to impose civil penalties of up to $50,000 on scheme participants for failure to comply with the rules or any order of the scheme regulator,

(c) the costs payable by a scheme participant if the scheme regulator makes an order against the scheme participant or imposes a civil penalty on the scheme participant, and the recovery of any such costs or civil penalty.

(3) A rule may--

(a) apply generally or be limited in its application by reference to specified exceptions or factors, or

(b) apply differently according to different factors of a specified kind, or

(c) authorise any matter or thing to be from time to time agreed, determined, applied or regulated by any specified person or body.

(4) The Minister may from time to time approve amendments to the rules or the revocation of rules.

(5) If a rule, or a rule amending or revoking a rule, is approved by the Minister--

(a) written notice of the approval of the rule must be published in the Gazette, and

(b) the rule takes effect on the day on which notice is so published or, if a later day is specified in the rule for commencement, on the later day so specified, and

(c) the Minister must make available a copy of the rule to each retailer or reticulator, unless the rule is approved in respect of a matter referred to in subsection (1) (d1), and

(d) the Minister must make available a copy of the rule on the internet site of the Department.

(6) A rule must not be inconsistent with this Act or the regulations, or the National Energy Retail Law (NSW) or the National Energy Retail Regulations (NSW) , or the National Gas (NSW) Law or the National Gas (NSW) Regulations , and is unenforceable to the extent of any such inconsistency.

(7) Subject to subsection (6), a rule may be approved for the purposes of both this Act and any other Act or law.

(8) In this section--

"natural gas transmission pipeline" means the gas pipes and associated equipment that are used to convey and control the conveyance of natural gas to distribution pipelines and to the premises of customers, but does not include--

(a) any distribution pipeline (other than a pipeline that the regulations declare to be, or to form part of, a natural gas transmission pipeline), or

(b) any gas installation, or

(c) any gas pipe or associated equipment that is wholly situated on land owned by the person who owns or controls the gas pipe or equipment, or

(d) any gas pipe or associated equipment that the regulations declare not to be, or not to form part of, a natural gas transmission pipeline.

"shipper of natural gas" means a person that purchases services with respect to the transmission of natural gas by way of a natural gas transmission pipeline from the owner or operator of the pipeline, whether or not the gas is transported for the person's own use.