New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW - SECT 6

6 Meaning of regulatory obligation or requirement

(1) A regulatory obligation or requirement is--

(a) in relation to the provision of a pipeline service by a service provider--

(i) a pipeline safety duty; or

(ii) a pipeline reliability standard; or

(iii) a pipeline service standard; or

(b) an obligation or requirement under--

(i) this Law or the Rules; or

(ia) the National Energy Retail Law or the National Energy Retail Rules; or

(ii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a service provider; or

(iii) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a service provider; or

(iv) an Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or

(v) an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national gas legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv)), that materially affects the provision, by a service provider, of pipeline services to which an applicable access arrangement applies.

(2) A regulatory obligation or requirement does not include an obligation or requirement to pay a fine, penalty or compensation--

(a) for a breach of--

(i) a pipeline safety duty; or

(ii) a pipeline reliability standard; or

(iii) a pipeline service standard; or

(b) under this Law or the Rules, the National Energy Retail Law or the National Energy Retail Rules 1 or an Act or an instrument referred to in subsection (1)(b)(ii) to (v).

Notes--:

1 See also section 24(2)(b).

2 The RoLR cost recovery scheme is dealt with under Part 6 of the National Energy Retail Law.