New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW - SECT 2

2 Definitions

(1) In this Law--

"15-year no-coverage determination" means a determination of a relevant Minister under Chapter 5 Part 2;

"ACCC" means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth;

"access arrangement" means an arrangement setting out terms and conditions about access to pipeline services provided or to be provided by means of a pipeline;

"access determination" means a determination of the dispute resolution body under Chapter 6 Part 3 and includes a determination varied under Part 4 of that Chapter;

"adoptive jurisdiction" means a participating jurisdiction for which AEMO is authorised to exercise its declared system functions or STTM functions;

"AEMC" means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia;

"AEMO amendments" means--

(a) the amendments to this Law made by the National Gas (South Australia) (National Gas Law--Australian Energy Market Operator) Amendment Act 2009 ; and

(b) the amendments to the Rules made by the National Gas (South Australia) (National Gas Rules--Australian Energy Market Operator) Amendment Rules 2009 ; and

(c) the Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a);

"AER" means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth;

"AER economic regulatory decision" means a decision (however described) of the AER under this Law or the Rules performing or exercising an AER economic regulatory function or power;

"AER economic regulatory function or power" means a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to the economic regulation of pipeline services provided by a service provider--

(a) by means of; or

(b) in connection with,

a scheme pipeline and includes a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to--

(c) the preparation of a service provider performance report;

(d) a ring fencing decision;

(e) an applicable access arrangement decision;

(f) an access determination (if the AER is the dispute resolution body);

Note--: The application of a rate of return instrument under this Law is an AER economic regulatory function or power. See section 30Q(2).

"AER ring fencing determination" means a determination of the AER under section 143(1);

"applicable access arrangement" means a limited access arrangement or full access arrangement that has taken effect after being approved or made by the AER under the Rules and includes an applicable access arrangement as varied--

(a) under the Rules; or

(b) by an access determination as provided by this Law or the Rules;

"applicable access arrangement decision" means--

(a) a full access arrangement decision; or

(b) a limited access arrangement decision;

"application Act" means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law;

"approved associate contract" means an associate contract approved by the AER under an associate contract decision;

"associate" in relation to a person has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13, 16(2) and 17 did not form part of that Act;

"associate contract" means--

(a) a contract, arrangement or understanding between a service provider and an associate of the service provider in connection with the provision of an associate pipeline service; or

(b) a contract, arrangement or understanding between a service provider and any person in connection with the provision of an associate pipeline service--

(i) that provides a direct or indirect benefit to an associate; and

(ii) that is not at arm's length;

"associate contract decision" means a decision of the AER under the Rules that approves or does not approve an associate contract for the purposes of Chapter 4 Part 2 Division 5;

"associate pipeline service" means a pipeline service provided by means of a pipeline other than a pipeline to which a 15-year no coverage determination applies;

"Australian Energy Market Operator" or
"AEMO" means Australian Energy Market Operator Limited (ACN 072 010 327);

"BB Procedures" means Procedures directed at regulating the Natural Gas Services Bulletin Board;

"Bulletin Board information" means information that--

(a) a person gives to AEMO to comply with section 223(1) or 223A(1); or

(b) a person gives to AEMO in its capacity as operator of the Natural Gas Services Bulletin Board in circumstances expressly permitted by the Rules;

"capacity auction" means an auction conducted by AEMO through which a person may buy transportation capacity;

"capacity auction agreement" means an agreement that relates to participation in a capacity auction and to which AEMO and persons participating in the capacity auction are parties;

"capacity auction functions" of AEMO are set out in section 91BRM(1);

"capacity auction information" means information that--

(a) a person gives to AEMO, to comply with section 91FEE(1); or

(b) a person gives, in circumstances expressly required or permitted by the Procedures or Rules--

(i) to AEMO in its capacity as operator of a capacity auction in which the person participates; or

(ii) to AEMO in its capacity as operator of a regulated gas market or a gas trading exchange if that information is to be used for the purpose of a capacity auction in which the person participates;

"capacity auction participant" means a person (other than AEMO) who is, or who was at the relevant time, a party to a capacity auction agreement;

"Capacity Transfer and Auction Procedures" means Procedures directed at the operation and administration of capacity auctions and transaction support arrangements;

"changeover date" means--

(a) a date fixed by or under legislation of a participating jurisdiction for AEMO's assumption of responsibility for the operation of a gas market in the relevant jurisdiction under this Law and the Rules; or

(b) a date fixed by Ministerial Gazette notice as the changeover date;

Note--: The
"changeover date" may vary from gas market to gas market, from provision to provision and from jurisdiction to jurisdiction. In addition, AEMO's assumption of statutory functions in a particular participating jurisdiction may occur in stages on different changeover dates.

"charge" , in relation to a pipeline service, means the amount that is payable by a user to a service provider for the provision of the pipeline service to that user;

"civil monetary liability" means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings but does not include a liability for a civil penalty or an infringement penalty under this Law or a liability for the costs of a proceeding;

"civil penalty" means--

(a) in the case of a breach of a civil penalty provision by a natural person--

(i) an amount not exceeding $20 000; and

(ii) an amount not exceeding $2 000 for every day during which the breach continues;

(b) in the case of a breach of a civil penalty provision by a body corporate--

(i) an amount not exceeding $100 000; and

(ii) an amount not exceeding $10 000 for every day during which the breach continues;

"civil penalty provision" has the meaning given by section 3;

"classification decision under the Rules" means a decision of the NCC under the Rules that classifies either of the following pipelines as a cross boundary transmission pipeline, cross boundary distribution pipeline, transmission pipeline or a distribution pipeline:

(a) a pipeline in respect of which a tender approval decision becomes irrevocable by operation of the Rules;

(b) a pipeline--

(i) by means of which a service provider intends to provide pipeline services to which a full access arrangement voluntarily submitted to the AER for approval by that provider will apply, if approved; and

(ii) in respect of which the NCC has not previously made an initial classification decision;

"commission" , in relation to a pipeline, has the meaning given by section 12;

"Commonwealth Minister" means the Minister of the Commonwealth administering the Australian Energy Market Act 2004 of the Commonwealth;

"compression service facility" means--

(a) a designated compression service facility; or

(b) any other facility or part of a facility (whether or not forming part of another facility or located on or connected to another facility) for compressing natural gas other than--

(i) a facility operated as part of a gathering system operated as part of an upstream producing operation; or

(ii) anything downstream of a point on a pipeline from which a person takes natural gas for consumption purposes;

"conduct provision" has the meaning given by section 4;

"constituent components" , in relation to a designated reviewable regulatory decision, means the matters that constitute the elements or components of the designated reviewable regulatory decision and on which that designated reviewable regulatory decision is based and includes--

(a) matters that go to the making of the designated reviewable regulatory decision; and

(b) decisions made by the AER for the purposes of the designated reviewable regulatory decision;

"coverage determination" means a determination of a relevant Minister under Chapter 3 Part 1 Division 1;

"coverage recommendation" means a recommendation of the NCC under Chapter 3 Part 1 Division 1;

"coverage revocation determination" means a determination of a relevant Minister under Chapter 3 Part 1 Division 2;

"coverage revocation recommendation" means a recommendation of the NCC under Chapter 3 Part 1 Division 2;

"covered pipeline" means a pipeline--

(a) to which a coverage determination applies; or

(b) deemed to be a covered pipeline by operation of section 126 or 127;

"covered pipeline service provider" means a service provider that provides or intends to provide pipeline services by means of a covered pipeline;

"cross boundary distribution pipeline" means a distribution pipeline that is partly situated in the jurisdictional areas of 2 or more participating jurisdictions;

"cross boundary transmission pipeline" means a transmission pipeline that is partly situated in the jurisdictional areas of 2 or more participating jurisdictions;

"declared distribution system" of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;

"declared LNG storage provider" of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;

"declared system functions" --AEMO's declared system functions are as set out in section 91BA(1);

"declared system provisions" means--

(a) Chapter 2 Part 6 Division 2; and

(b) the Rules regulating the declared wholesale gas market of an adoptive jurisdiction or otherwise relevant to Chapter 2 Part 6 Division 2;

"declared transmission system" of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction;

"declared wholesale gas market" means the wholesale market for natural gas defined in the application Act of an adoptive jurisdiction;

"designated compression service facility" means a facility or part of a facility for compressing natural gas prescribed by the Regulations as a designated compression service facility;

"designated pipeline" means a pipeline classified by the Regulations, or designated in the application Act of a participating jurisdiction, as a designated pipeline;

A light regulation determination cannot be made in respect of pipeline services provided by means of a designated pipeline: see sections 109 and 111.

"designated reviewable regulatory decision" means an applicable access arrangement decision (other than a full access arrangement decision that does not approve a full access arrangement);

"developable capacity" means the difference between the current capacity of a covered pipeline and the capacity of a covered pipeline which would be available if a new facility was constructed, but does not include any new capacity of a covered pipeline resulting from an extension to the geographic range of a covered pipeline;

"disposal" , in relation to a right to use transportation capacity, includes disposal by means of--

(a) transfer, sale, assignment, exchange or other disposal; and

(b) the grant of a right to use, directly or indirectly, the transportation capacity;

Note--: See the definition of
"transfer" .

"dispute resolution body" means the AER;

"Dispute resolution panel" means a person or panel of persons appointed under the Rules to hear and determine a rule dispute;

"distribution pipeline" means a pipeline that is classified in accordance with this Law or the Rules as a distribution pipeline and includes any extension to, or expansion of the capacity of, such a pipeline when it is a covered pipeline that, by operation of an applicable access arrangement or under this Law, is to be treated as part of the pipeline;

Note--: See also sections 18 and 19.

"distributor" means, except where elsewhere defined in this Law, a service provider who owns, operates or controls a covered pipeline that is a distribution pipeline;

"draft Rule determination" means a determination of the AEMC under section 308;

"ECA amendments" means the amendments to this Law made by the Statutes Amendment (Energy Consumers Australia) Act 2014 of South Australia;

"end user" means a person who acquires natural gas for consumption purposes, and includes a retail customer;

"Energy Consumers Australia" or
"ECA" means the company incorporated, or to be incorporated, by the name Energy Consumers Australia Limited;

"energy ombudsman" has the same meaning as in the National Energy Retail Law;

"Energy Security Board" means the Energy Security Board referred to in section 2(1) of the NEL;

"ERA" means the Economic Regulation Authority established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia;

"exempted participant" means a person exempted from registration as a Registered participant;

"extension and expansion requirements" means--

(a) the requirements contained in an access arrangement that, in accordance with the Rules, specify--

(i) the circumstances when an extension to, or expansion of the capacity of, a covered pipeline is to be treated as forming part of the covered pipeline; and

(ii) whether the pipeline services provided or to be provided by means of, or in connection with, spare capacity arising out of an extension to, or expansion of the capacity of, a covered pipeline will be subject to the applicable access arrangement applying to the pipeline services to which that arrangement applies; and

(iii) whether an extension to, or expansion of the capacity of, a covered pipeline will affect a reference tariff, and if so, the effect on the reference tariff; and

(b) any other requirements specified by the Rules as extension and expansion requirements;

Note--: See also sections 18 and 19.

"final Rule determination" means a determination of the AEMC under section 311;

"foreign company" has the same meaning as in the Corporations Act 2001 of the Commonwealth;

"foreign source" means--

(a) a source beyond the outer limits of all of the following:

(i) the adjacent area of this jurisdiction;

(ii) the adjacent area of another participating jurisdiction; or

(b) a source within the joint petroleum development area (within the meaning of the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth);

"former gas market operator" means any of the following:

(a) VENCorp;

(b) Gas Market Company Limited (ACN 095 400 258);

(c) in relation to South Australia (but not Western Australia)--Retail Energy Market Company Limited (ACN 103 318 556);

(d) the gas retail market operator appointed under section 257A of the Gas Supply Act 2003 (Qld);

"form of regulation factors" has the meaning given by section 16;

"full access arrangement" means an access arrangement that--

(a) provides for price or revenue regulation as required by the Rules; and

(b) deals with all other matters for which the Rules require provision to be made in an access arrangement;

"full access arrangement decision" means a decision of the AER under the Rules that--

(a) approves or does not approve a full access arrangement or revisions to an applicable access arrangement submitted to the AER under section 132 or the Rules; or

(b) makes a full access arrangement--

(i) in place of a full access arrangement the AER does not approve in that decision; or

(ii) because a service provider does not submit a full access arrangement in accordance with section 132 or the Rules;

(c) makes revisions to an access arrangement--

(i) in place of revisions submitted to the AER under section 132 that the AER does not approve in that decision; or

(ii) because a service provider does not submit revisions to the AER under section 132;

"Gas Code" means the National Third Party Access Code for Natural Gas Pipeline Systems set out in Schedule 2 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as in force from time to time before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia;

"gas statement of opportunities" means the statement published under Chapter 2 Part 6 Division 4;

"gas trading exchange" means a facility through which persons may elect to buy and sell natural gas or related goods or services, including pipeline capacity;

"gas trading exchange agreement" means an agreement that relates to participation in, and the operation and administration of, a gas trading exchange established by AEMO to which AEMO (or a person appointed by AEMO to operate the gas trading exchange), and a person who becomes a member of the exchange, are parties;

"gas trading exchange functions" --AEMO's gas trading exchange functions are as set out in section 91BRK;

"gas trading exchange member" means a person who is (or who was at the relevant time) a member of a gas trading exchange under a gas trading exchange agreement;

"general market information order" means an order under section 91F(1)(a) requiring information from persons of a class specified in the order;

"general regulatory information order" has the meaning given by section 45;

"greenfields pipeline incentive" means--

(a) a 15-year no-coverage determination; or

(b) a price regulation exemption;

"GTE amendments" means the amendments to this Law made by the National Gas (South Australia) (Gas Trading Exchanges) Amendment Act 2013 ;

"haulage" , in relation to natural gas, includes conveyance or reticulation of natural gas;

"initial classification decision" means a decision of the NCC under section 98 or 155;

"initial National Gas Procedures" means National Gas Procedures made under section 294A and includes Wholesale Market Procedures and BB Procedures in force immediately before the commencement of the National Gas (South Australia) (National Gas Law--Australian Energy Market Operator) Amendment Act 2009 ;

"initial National Gas Rules" means the Initial National Gas Rules made under Chapter 9 Part 2;

"initial Operational Transportation Service Code" means the Operational Transportation Service Code made under section 294DA;

"international pipeline" means a pipeline for the haulage of gas from a foreign source;

"jurisdictional determination criteria" , in relation to a cross boundary distribution pipeline, has the meaning given by section 14;

"jurisdictional gas legislation" means an Act of a participating jurisdiction (other than national gas legislation), or any instrument made or issued under or for the purposes of that Act, that regulates the haulage of gas in that jurisdiction;

"jurisdictional regulator" means--

(a) for New South Wales--the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5(1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales;

(b) for Victoria--the Essential Services Commission established by section 7(1) of the Essential Services Commission Act 2001 of Victoria;

(c) for Queensland--the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland;

(d) for South Australia--the Essential Services Commission established by section 4(1) of the Essential Services Commission Act 2002 of South Australia;

(e) for Tasmania--the Director of Gas appointed under section 7 of the Gas Act 2000 of Tasmania;

(f) for the Australian Capital Territory--the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5(1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory;

(g) any other person or body--

(i) to which the functions of the jurisdictional regulator for a participating jurisdiction are assigned by or under an Act of the participating jurisdiction; or

(ii) that is prescribed by the Regulations as jurisdictional regulator of a participating jurisdiction;

"light regulation determination" means a determination of the NCC under Chapter 3 Part 2 Division 1;

"light regulation services" means pipeline services to which a light regulation determination applies;

"limited access arrangement" means an access arrangement that, under this Law and the Rules, is not required to make provision for price or revenue regulation but deals with the matters for which this Law and the Rules require provision to be made in an access arrangement;

"limited access arrangement decision" means a decision of the AER under the Rules that approves or does not approve--

(a) a limited access arrangement submitted to the AER under section 116 or 168; or

(b) revisions to a limited access arrangement submitted to the AER under section 116(3) or 168(3) or the Rules;

"market information instrument" means a general market information order or a market information notice;

"market information notice" means a notice under section 91F(1)(b) requiring information from the person to whom the notice is addressed;

"market operator service" means a service classified under the Rules as a market operator service;

"MCE" means the Ministerial Council on Energy established on 8 June 2001, being the Council of Ministers with primary carriage of energy matters at a national level comprising the Ministers representing the Commonwealth, the States, the Australian Capital Territory and the Northern Territory, acting in accordance with its own procedures;

"MCE directed review" means a review conducted by the AEMC under Chapter 2 Part 2 Division 4;

"MCE statement of policy principles" means a statement of policy principles issued by the MCE under section 25;

"minimum ring fencing requirement" means a requirement under Chapter 4 Part 2 Division 2;

"Ministerial Gazette notice" means a notice in the South Australian Government Gazette published by the South Australian Minister on the recommendation of the MCE;

"Minister of a participating jurisdiction" means a Minister who is a Minister of a participating jurisdiction within the meaning of section 22;

"Ministerial coverage decision" means--

(a) a decision of a relevant Minister under section 99, 106 or 156; or

(b) a decision of the Commonwealth Minister under section 164;

"National Electricity Law" means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia;

"National Electricity Rules" has the same meaning as in the National Electricity Law;

"National Energy Retail Law" means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia;

"National Energy Retail Rules" has the same meaning as in the National Electricity Law;

"national gas legislation" means--

(a) the National Gas (South Australia) Act 2008 of South Australia and Regulations in force under that Act; and

(b) the National Gas (South Australia) Law ; and

(c) the National Gas Access (WA) Act 2009 of Western Australia; and

(d) the National Gas Access (Western Australia) Law within the meaning given in the National Gas Access (WA) Act 2009 of Western Australia; and

(e) Regulations made under the National Gas Access (WA) Act 2009 of Western Australia for the purposes of the National Gas Access (Western Australia) Law; and

(f) an Act of a participating jurisdiction (other than South Australia or Western Australia) that applies, as a law of that jurisdiction, any part of--

(i) the Regulations referred to in paragraph (a); or

(ii) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; and

(g) the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as applied as a law of a participating jurisdiction (other than South Australia or Western Australia); and

(h) the Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia or Western Australia);

"national gas objective" means the objective set out in section 23;

"National Gas Procedures" or
"Procedures" means--

(a) the initial National Gas Procedures; and

(b) Procedures made by AEMO under this Law, including Procedures that amend or revoke the initial National Gas Procedures or Procedures earlier made by AEMO;

"National Gas Rules" or
"Rules" means--

(a) the initial National Gas Rules; and

(ab) Rules made under Chapter 9 Part 2 Division 2; and

(b) Rules made by the AEMC under this Law, including Rules that amend or revoke--

(i) the initial National Gas Rules or Rules made under Chapter 9 Part 2 Division 2; or

(ii) Rules made by it;

"natural gas" means a substance that--

(a) is in a gaseous state at standard temperature and pressure; and

(b) consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; and

(c) is suitable for consumption;

"natural gas service" means--

(a) a pipeline service; or

(b) the supply of natural gas; or

(c) a service ancillary to the service described in paragraph (b);

"Natural Gas Services Bulletin Board" means the website maintained by AEMO that contains information of the kind specified in the Rules in relation to natural gas services and secondary capacity transactions;

"NCC" means the National Competition Council established by section 29A of the Competition and Consumer Act 2010 of the Commonwealth;

"NCC recommendation or decision" means--

(a) a coverage recommendation; or

(b) a coverage revocation recommendation; or

(c) a no-coverage recommendation; or

(d) a price regulation exemption recommendation; or

(e) a reclassification decision; or

(f) a light regulation determination; or

(g) a decision of the NCC under Chapter 3 Part 2 Division 2 to revoke a light regulation determination; or

(h) a decision of the NCC not to make a decision referred to in paragraph (f) or (g); or

(i) advice under section 172;

"new facility" means an extension to, or expansion of the capacity of, a covered pipeline which is to be treated as part of the covered pipeline--

(a) in accordance with the extension and expansion requirements contained in an applicable access arrangement applying to the pipeline services provided by means of that covered pipeline; or

(b) under this Law;

Note--: See also sections 18 and 19.

"no-coverage recommendation" means a recommendation of the NCC under Chapter 5 Part 2;

"non scheme pipeline user" means a person who--

(a) is a party to a contract with a service provider under which the service provider provides or intends to provide a pipeline service to that person by means of a pipeline that is not a scheme pipeline; or

(b) has a right under an access determination to be provided with a pipeline service by means of a pipeline that is not a scheme pipeline;

"offence provision" means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court;

"officer" has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth;

"old access law" means Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as in force from time to time before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia;

"old scheme classification or determination" means a classification or determination under section 10 or 11 of the old access law in force at any time before the repeal of the old access law;

"old scheme distribution pipeline" means a pipeline that was, at any time before the repeal of the old access law--

(a) a distribution pipeline as defined in that law; and

(b) a covered pipeline as defined in the Gas Code;

"old scheme transmission pipeline" means a pipeline that was, at any time before the repeal of the old access law--

(a) a transmission pipeline as defined in that law; and

(b) a covered pipeline as defined in the Gas Code;

"operational transportation service" means--

(a) a transportation service that is provided under an operational transportation service agreement using transferred transportation capacity; and

(b) a service ancillary to the provision of a service referred to in paragraph (a);

"operational transportation service agreement" means an agreement between a transportation service provider and a transportation facility user that provides for--

(a) the transportation facility user to receive a transfer of transportation capacity acquired through any of the following means--

(i) a capacity auction; or

(ii) a gas trading exchange; or

(iii) any other means provided for in the agreement; and

(b) the terms and conditions applicable to the use of that transportation capacity;

"Operational Transportation Service Code" has the meaning given by section 228H;

"participating jurisdiction" means a jurisdiction that is a participating jurisdiction by reason of section 21;

"pipeline" means--

(a) a pipe or system of pipes for the haulage of natural gas, and any tanks, reservoirs, machinery or equipment directly attached to that pipe or system of pipes; or

(b) a proposed pipe or system of pipes for the haulage of natural gas, and any proposed tanks, reservoirs, machinery or equipment proposed to be directly attached to the proposed pipe or system of pipes; or

(c) a part of a pipe or system of pipes or proposed pipe or system of pipes referred to in paragraph (a) or (b),

but does not include--

(d) unless paragraph (e) applies, anything upstream of a prescribed exit flange on a pipeline conveying natural gas from a prescribed gas processing plant; or

(e) if a connection point upstream of an exit flange on such a pipeline is prescribed, anything upstream of that point; or

(f) a gathering system operated as part of an upstream producing operation; or

(g) any tanks, reservoirs, machinery or equipment used to remove or add components to or change natural gas (other than odourisation facilities) such as a gas processing plant; or

(h) anything downstream of a point on a pipeline from which a person takes natural gas for consumption purposes;

"pipeline classification criterion" has the meaning given by section 13;

"pipeline coverage criteria" has the meaning given by section 15;

"pipeline reliability standard" means a standard imposed by or under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to the reliable haulage of natural gas in that jurisdiction;

"pipeline safety duty" means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to--

(a) the safe haulage of natural gas in that jurisdiction; or

(b) the safe operation of a pipeline in that jurisdiction;

"pipeline service" means--

(a) a service provided by means of a pipeline, including--

(i) a haulage service (such as firm haulage, interruptible haulage, spot haulage and backhaul); and

(ii) a service providing for, or facilitating, the interconnection of pipelines; and

(b) a service ancillary to the provision of a service referred to in paragraph (a),

but does not include the production, sale or purchase of natural gas or processable gas;

"pipeline service standard" means a standard relating to the standard of the pipeline services provided by a service provider by means of a covered pipeline imposed--

(a) by or under jurisdictional gas legislation; or

(b) by the AER--

(i) under an access arrangement decision; or

(ii) in accordance with the Rules;

"price or revenue regulation" means regulation of--

(a) the prices, charges or tariffs for pipeline services to be, or that are to be, provided; or

(b) the revenue to be, or that is to be, derived from the provision of pipeline services;

"price regulation exemption" means an exemption under Chapter 5 Part 3;

"price regulation exemption recommendation" means a recommendation of the NCC under section 162;

"primary capacity transaction" , in relation to transportation capacity, means the grant by a transportation service provider of the right to use the transportation capacity under the contract from which the transportation capacity is first derived;

"processable gas" means a substance that--

(a) is in a gaseous state at standard temperature and pressure; and

(b) consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane;

"producer" means a person who carries on a business of producing natural gas;

"prospective user" has the meaning given by section 5;

"protected information" has the meaning given by section 91G;

"queuing requirements" means terms and conditions providing for the priority that a prospective user has, as against any other prospective user, to obtain access to spare capacity and developable capacity;

"rate of return instrument" --see section 30D(2);

"reclassification decision" means a decision of the NCC under Chapter 3 Part 5;

"reference service" means a pipeline service specified by, or determined or approved by the AER under, the Rules as a reference service;

"reference tariff" means a tariff or charge for a reference service--

(a) specified in an applicable access arrangement approved or made under a full access arrangement decision; or

(b) determined by applying the formula or methodology contained in an applicable access arrangement approved or made under a full access arrangement decision;

"Registered participant" means a person registered as such by AEMO under this Law (section 91BJ, section 91BRD or section 91LB) and the Rules, but does not include a transportation service provider registered under section 91BRR;

"regulated gas market" means--

(a) a declared wholesale gas market; or

(ab) a short term trading market; or

(b) a regulated retail gas market;

"regulated retail gas market" has the meaning given by section 91L(2);

"Regulations" means the regulations made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia that apply as a law of this jurisdiction;

"regulatory information instrument" means--

(a) a general regulatory information order; or

(b) a regulatory information notice;

"regulatory information notice" has the meaning given by section 46;

"regulatory obligation or requirement" has the meaning given by section 6;

"regulatory payment" has the meaning given by section 7;

"relevant Minister" means if, in a coverage recommendation, no-coverage recommendation, classification decision under the Rules or reclassification decision, the NCC determines the pipeline is--

(a) a cross boundary transmission pipeline--the Commonwealth Minister;

(b) a transmission pipeline situated wholly within a participating jurisdiction--the designated Minister;

Note--: The term designated Minister is defined in the Act of this jurisdiction that applies this Law as a law of this jurisdiction.

(c) a distribution pipeline situated wholly within a participating jurisdiction--the Minister of the participating jurisdiction;

(d) a cross boundary distribution pipeline--the Minister of the participating jurisdiction determined by the NCC in the recommendation as being the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected;

"relevant Regulator" has the same meaning as in section 2 of the old access law;

"REMCo" means the Retail Energy Market Company Limited (ACN 103 318 556);

"retail customer" means a person to whom natural gas is sold for premises by a retailer.

"retail gas market" has the meaning given by section 91L(1);

"Retail Market Procedures" means Procedures directed at regulating a retail gas market;

"retailer" means a person who is the holder of a retailer authorisation issued under the National Energy Retail Law in respect of the sale of gas;

"revenue and pricing principles" means the principles set out in section 24;

"reviewable regulatory decision" has the meaning given by section 244;

"ring fencing decision" means--

(a) an AER ring fencing determination; or

(b) a decision under section 146 granting or not granting an exemption under that section; or

(c) an associate contract decision;

"rule dispute" means a dispute for the resolution of which provision is made in the Rules;

"scheme pipeline" means--

(a) a covered pipeline; or

(b) an international pipeline to which a price regulation exemption applies;

"secondary capacity transaction" , in relation to transportation capacity, means a disposal of a right by a person to use the transportation capacity but does not include the primary capacity transaction in relation to that transportation capacity;

Note--: See the definition of
"disposal" .

"service provider" has the meaning given by section 8;

"service provider performance report" means a report prepared by the AER under section 64;

"short term trading market" means a market for the supply of natural gas that--

(a) operates in an adoptive jurisdiction; and

(b) is defined in a Rule made for the purposes of Chapter 2 Part 6 Division 2A to be a short term trading market of that adoptive jurisdiction;

Note--: There may be more than 1 short term trading market of an adoptive jurisdiction.

"spare capacity" means unutilised capacity of a pipeline;

"standard gas day" means the 24 hour period starting at the time specified in the standard market timetable;

"standard market timetable" means the standard market timetable provided for in the Rules in accordance with section 83B;

"standard OTSA" means an operational transportation service agreement within the meaning of section 228B as amended from time to time;

"statutory functions" , in relation to AEMO, means functions or powers conferred under--

(a) this Law, the Rules or the Procedures; or

(b) the National Electricity Law or the National Electricity Rules;

"storage provider" means any person who owns, operates or controls a facility for storing natural gas or processable gas for injection into a pipeline;

"STTM amendments" means--

(a) the amendments to this Law made by the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009 of South Australia; and

(b) the amendments to the Rules made under section 294B; and

(c) the STTM Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a);

"STTM functions" --AEMO's STTM functions are as set out in section 91BRB;

"STTM hub" means a point or points, situated in an adoptive jurisdiction, specified in the Rules or STTM Procedures, at which a short term trading market operates;

"STTM information" means information that--

(a) a person gives to AEMO, to comply with section 91FEA(1); or

(b) a person gives, in circumstances expressly required or permitted by the Procedures or Rules--

(i) to AEMO in its capacity as operator of a short term trading market in which the person participates;

(ii) to AEMO in its capacity as operator of another regulated gas market if that information is to be used for the purpose of a short term trading market in which the person participates;

"STTM Procedures" means Procedures directed at regulating a short term trading market;

"STTM trading participant" means a person referred to in section 91BRC;

"superseded jurisdictional rules" means--

(a) legislation (including subordinate legislation) of a participating jurisdiction regulating the gas industry in that jurisdiction that--

(i) was in force immediately before the relevant changeover date; and

(ii) is superseded by the AEMO amendments; and

(b) rules to which a member of a corporate former gas market operator was subject, immediately before the relevant changeover date, under the constitution of the former gas market operator; and

(c) a licence condition governing the activities of the licensee in, or in relation to, a regulated retail gas market in a participating jurisdiction--

(i) in force immediately before the relevant changeover date; and

(ii) superseded by the AEMO amendments; and

(d) a guideline, code, standard or other instrument governing the operation or regulation of a gas market in a participating jurisdiction--

(i) made or issued by the jurisdictional regulator; and

(ii) in force immediately before the relevant changeover date; and

(iii) superseded by the AEMO amendments;

Examples--:

1 The Gas Market Retail Rules (Vic) and the Gas Industry Market and System Operation Rules (Vic).

2 The Gas Retail Market Business Rules to Support Retail Competition in Gas (NSW).

3 The Gas Market Retail Rules (Qld).

4 The Retail Market Rules (SA).

"supply" includes--

(a) in relation to goods--supply (including re-supply) by way of sale, exchange, lease, hire or hire purchase; and

(b) in relation to services--provide, grant or confer;

"tariff" means a rate by which a charge for a pipeline service is calculated;

"tender approval decision" means a decision of the AER under the Rules under which the AER approves a tender process for the construction and operation of a pipeline as a competitive tender process;

"Territory" means the Australian Capital Territory or the Northern Territory;

"trader" means a person who--

(a) buys or sells natural gas; and

(b) in doing so is not acting in some other registrable capacity; and

(c) where the person is the purchaser of natural gas, is not buying the natural gas for the purchaser's own use;

"transaction support arrangements" means arrangements to facilitate transactions with respect to transportation capacity and related goods and services concluded or to be concluded through a gas trading exchange or a capacity auction;

"transfer" , in relation to transportation capacity, includes a reduction in a person's right to the transportation capacity and a corresponding increase in another person's right to transportation capacity, whether or not on the same terms and conditions;

"transmission pipeline" means a pipeline that is classified in accordance with this Law or the Rules as a transmission pipeline and includes any extension to, or expansion of the capacity of, such a pipeline when it is a covered pipeline that, by operation of an applicable access arrangement or under this Law, is to be treated as part of the pipeline;

Note--: See also sections 18 and 19.

"transportation capacity" means a right under a contract with a transportation service provider to be provided with a transportation service by means of a transportation facility, for a given quantity of natural gas over a given period of time;

"transportation facility" means--

(a) a pipeline; or

(b) a compression service facility; or

(c) another facility of a type specified by the Regulations for the purposes of this paragraph;

"transportation facility user" means a person who is a party to a contract with a transportation service provider under which the transportation service provider provides, or intends to provide, a transportation service to that person by means of a transportation facility and includes a user and a non scheme pipeline user;

"transportation service" means--

(a) a pipeline service; or

(b) a service provided by means of a compression service facility; or

(c) a service provided by means of any other facility of a type specified by the Regulations for the purposes of paragraph (c) of the definition of
"transportation facility" ;

"transportation service provider" means a person who owns, controls or operates a transportation facility;

"Tribunal" means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal;

"user" means a person who--

(a) is a party to a contract with a service provider under which the service provider provides or intends to provide a pipeline service to that person by means of a scheme pipeline; or

(b) has a right under an access determination to be provided with a pipeline service by means of a scheme pipeline;

"user or consumer association" has the meaning given by section 244;

"user or consumer interest group" has the meaning given by section 244;

"VENCorp" means the Victorian Energy Networks Corporation continued under Part 8 of the Gas Industry Act 2001 of Victoria until the AEMO amendments come into force;

"Wholesale Market Procedures" means Procedures directed at regulating the declared wholesale gas market of an adoptive jurisdiction.

(2) A reference in this Law to an end user includes a reference to a prospective end user.