Western Australian Repealed Regulations

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This legislation has been repealed.

GAS DISTRIBUTION REGULATIONS 1996


TABLE OF PROVISIONS

   PART 1 -- Preliminary  

   1.      Citation
            
   2.      Commencement
            
   3.      Application of these regulations
            
   4.       Definitions
            
   5.      Application of Interpretation Act to grants of access
            
   6.      References to clauses in Schedule 1
            
   7.      24 hour clock
            
   8.      SI units
            
   9.      References to duration of grant of access
            
   10.     References to gas distribution capacity, point capacity or contracted peak rate
            
   11.     References to delivery of gas to the trading business
            
   12.     Commercial viability

   PART 2 -- Market sensitive information, non-discrimination and accountability

           Division 2.1 -- Prevention of communication or use of market sensitive information  

   13.     Market sensitive information

           Division 2.2 -- Discrimination  

   14.     Minister to be notified of any finding of discrimination

           Division 2.3 -- Miscellaneous accountability matters  

   15.     Description of the gas distribution system
            
   16.     Corporation’s response to enquiries
            
   18.     No prohibition on bypass
            
   19.     Financial records

   PART 3 -- Application for, and grant of, access

           Division 3.1 -- General  

   20.     Reasonable and prudent person
            
   21.     Application process is at applicant’s expense
            
   22.     Corporation may establish administrative procedures

           Division 3.2 -- The application  

   23.     Lead times for applications
            
   24.     User may increase duration or obtain additional contracted peak rate only by new application
            
   25.     Contracted peak rate may vary over time
            
   26.     Application for access
            
   27.     Applicant to assist in any consequential environmental, safety and other matters

           Division 3.3 -- Processing the application  

   28.     Corporation must process application expeditiously
            
   29.     First come first served
            
   30.     Obligation to make grant of access
            
   31.     Conditions precedent for grant of access
            
   32.     Application may be linked to application for transmission capacity
            
   33.     Assessment of compliance with conditions precedent

           Division 3.4 -- Non-compliance, amendment, withdrawal and rejection of application  

   34.     If application does not comply with a condition precedent
            
   35.     Applicant may elect to negotiate amendment after notice of non-compliance
            
   36.     Application deemed rejected after 30 days if no election to negotiate
            
   37.     Linked application deemed rejected if transmission application is rejected
            
   38.     Application deemed rejected after 120 days if grant of access not made
            
   39.     Amendment of application
            
   40.     Priority of amended applications
            
   41.     Withdrawal of application

           Division 3.5 -- Making the grant of access  

   42.     The grant of access
            
   43.     Conditional grant of access

   PART 4 -- The grant of access

           Division 4.1 -- General  

   44.     Access to gas distribution capacity must be under a grant of access
            
   45.     Form of grant of access
            
   46.     Contracting out of non- essential terms
            
   47.     Essential terms
            
   48.     Regulations to prevail
            
   49.     Duration of grant of access
            
   50.     Option to renew grant of access
            
   51.     Amendment of grant of access

           Division 4.2 -- Title to gas  

   52.     Corporation has title to all gas in gas transmission system and gas distribution system
            
   53.     No actions against corporation in respect of gas in gas distribution system
            
   54.     Only user may take delivery, title and possession of gas from the corporation
            
   55.     User’s entitlement to receive gas is contractual

           Division 4.3 -- Designated shippers  

   56.     Designated shippers

           Division 4.4 -- Miscellaneous matters  

   57.     Grants of access to be publicly available
            
   58.     Insurances
            
   59.     The user is responsible for its and its contractors’ personnel and property
            
   60.     Corporation’s liability to third persons
            
   61.     No assignment except as provided for in these regulations
            
   62.      Assignment by corporation
            
   63.     Assignment by user and compulsory assignment at request of user’s threshold gas customer
            
   65.     Annual review of utilization
            
   66.     Saving of corporation’s powers
            
   67.     Curtailments of gas deliveries to be allocated to defaulting users where practicable
            
   68.     Advance information

   PART 5 -- Prices  

   69.     Corporation to determine prices
            
   70.     Redetermined prices apply to existing users
            
   71.     Network prices
            
   72.     Service price
            
   73.     Opportunity cost pricing
            
   74.     Commercial viability arrangements
            
   75.     Prices to be take-or-pay
            
   76.     Redetermination of prices
            
   77.     Investment in the high pressure system
            
   78.     Costs of transmission information system recoverable
            
   79.     Prices at multi-user outlet point

   PART 6 -- Technical and operational matters

           Division 6.1 -- Outlet meter sets and distribution metering equipment  

   80.     Installation, operation and maintenance of outlet meter sets
            
   81.     Installation, operation and maintenance of distribution metering equipment
            
   82.     Distribution metering equipment
            
   83.     Use of gas quality data from other locations
            
   84.     Metering uncertainty
            
   85.     Provision of information to users
            
   86.     Accuracy verification, correction of inaccurate measurements, etc.
            
   87.     Determining trading business’ hourly sub-network outlet quantity
            
   88.     Identification of closest physical gate point
            
   89.     Standards generally

           Division 6.2 -- Other technical and operational matters  

   90.     Corporation to operate and maintain system as reasonable and prudent person
            
   91.     Multi-user allocation agreements
            
   92.     Applicant must have multi-user allocation agreement or submit to the corporation’s allocations
            
   93.     Corporation’s allocations may effect curtailment
            
   94.     Gas losses and gas consumed by the corporation
            
   95.     Emergencies

   PART 7 -- Other access  

   96.     Access from systems other than the gas transmission system and access to medium and low-pressure networks

   PART 8 -- Miscellaneous  

   97.     Notices
            
   98.     Receipt of notices
            
   99.     No common carriage
            
   100.    Corporation not a supplier of gas
            
   101.    No disclosure of user information
            
   102.    Prescribed fees

   PART 9 -- Transitional provisions to do with commencement of these regulations  

   103.     Pre-scheme distribution metering equipment deemed to comply
            
   104.    Trading business’ initial grant
            
   105.    Trading business and new threshold gas customers

   PART 10 -- Transitional provisions to do with termination of these regulations  

   106.     This Part to prevail
            
   107.    No further price redetermination required
            
   108.    Duration of grants of access
            
   109.    Time by which grants of access end
            
   110.    Contracts already existing
           SCHEDULE 1 -- The Grant of Access
           Appendix  1 -- Pricing
           Appendix 2 -- Option[s] to extend grant of access
           Appendix 3 -- Contracted distribution outlet points and contracted peak rates
           Appendix 4 -- User specific facilities
           Appendix 5 -- Outlet pressures
           SCHEDULE 2 -- Prescribed Fees
           Compilation table


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