{"id":"energy-coordination-exemption-order-2009","name":"Energy Coordination Exemption Order 2009","slug":"energy-coordination-exemption-order-2009","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":176548,"registerId":"wa-energy-coordination-exemption-order-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"Energy Coordination Exemption Order 2009","content":"![Crest]()Western Australia\n\nEnergy Coordination Act 1994\n\nEnergy Coordination Exemption Order 2009\n\nWestern Australia\n\nEnergy Coordination Exemption Order 2009\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n2A. Terms used 1\n\n3. Exemption from s. 11G(1) — developer constructing distribution system 2\n\n4. Exemptions for on‑supply 3\n\n5. Condition applying to exemptions for on‑supply 4\n\nNotes\n\nCompilation table 5\n\nDefined terms\n\n  \n\nWestern Australia\n\nEnergy Coordination Act 1994\n\nEnergy Coordination Exemption Order 2009\n\n##### 1. Citation\n\n\t\tThis order is the *Energy Coordination Exemption Order 2009*.\n\n[Clause 1 amended: Gazette 24 Sep 2010 p. 5009.]\n\n##### 2. Commencement\n\nThis order comes into operation as follows —\n\n(a) clauses 1 and 2 — on the day on which this order is published in the *Gazette*;\n\n(b) the rest of the order — on the day after that day.\n\n[Clause 2 amended: Gazette 24 Sep 2010 p. 5009.]\n\n##### 2A. Terms used\n\nIn this order —\n\nexempt supplier, in relation to a property, means a person who is exempt from the *Energy Coordination Act 1994* section 11G(1) or (2) under clause 4 in relation to the property;\n\noccupier, of a property, means a person in lawful occupation of the property;\n\n  property means a parcel of land and includes —\n\n(a) a part of a parcel of land; and\n\n(b) 2 or more parcels of land with common boundaries that are constituted, owned or occupied as 1 property;\n\n  residential property means a property or any part of a property used, or intended to be used, as a person’s principal place of residence.\n\n[Clause 2A inserted: Gazette 23 Dec 2016 p. 5904.]\n\n##### 3. Exemption from s. 11G(1) — developer constructing distribution system\n\n(1) A person who subdivides land (the developer) is exempt from the *Energy Coordination Act 1994* section 11G(1) in relation to the construction of a distribution system for the transportation of gas to lots resulting from that subdivision.\n\n(2) The exemption provided for in subclause (1) is subject to the conditions set out in subclauses (3), (4) and (6).\n\n(3) Before construction of the distribution system starts, or within such further time as the Coordinator allows, the developer must provide the Coordinator with evidence to the satisfaction of the Coordinator that the developer has entered into an agreement with the holder of a distribution licence (the licensee) making provision for the following matters —\n\n(a) the licensee’s design and construction requirements for the distribution system;\n\n(b) an audit by the licensee or its nominee of the distribution system, after construction is completed, to ensure compliance with the requirements mentioned in paragraph (a) and all relevant statutory requirements;\n\n(c) arrangements for the transfer of ownership of the distribution system to the licensee;\n\n(d) the allocation of responsibility for maintenance of the distribution system before gas is transported through it;\n\n(e) a requirement for the licensee to be given plans and other documentation relating to the distribution system.\n\n(4) Before construction of the distribution system starts, or within such further time as the Director allows, the developer must give the Director a written notice that —\n\n(a) sets out or is accompanied by information about the design and attributes of the distribution system including pipe pressure, materials to be used in construction and projected gas load;\n\n(b) sets out the name and contact details of the entity with primary responsibility for carrying out construction of the distribution system;\n\n(c) sets out the projected timeframe for construction of the distribution system;\n\n(d) sets out or is accompanied by a map showing the location of the distribution system.\n\n(5) The Director may, by written notice given to the developer, specify guidelines that are to be observed in the construction of the distribution system.\n\n(6) The developer must ensure that guidelines specified under subclause (5) are observed.\n\n##### 4. Exemptions for on‑supply\n\n(1) A person is exempt from the *Energy Coordination Act 1994* section 11G(1) if the distribution system concerned —\n\n(a) is located or to be located on a property; and\n\n(b) is used or to be used solely for the transportation of gas for consumption on the property.\n\n(2) The exemption provided for in subclause (1) is subject to the conditions set out in clause 5(1) to (3).\n\n(3) A person who sells to a small use customer gas transported through a distribution system located on a property is exempt from the *Energy Coordination Act 1994* section 11G(2) if the gas is sold for consumption on the property.\n\n(4) The exemption provided for in subclause (3) is subject to the conditions set out in clause 5.\n\n[Clause 4 inserted: Gazette 23 Dec 2016 p. 5904.]\n\n##### 5. Condition applying to exemptions for on‑supply\n\n(1) If an exempt supplier supplies gas to a property, the exempt supplier must make available to an occupier of the property information that clearly sets out —\n\n(a) the volume of gas supplied to the occupier; and\n\n(b) the volumetric charge for the gas payable by the occupier; and\n\n(c) any service fee or charge attributable to the supply of the gas payable by the occupier.\n\n(2) Information referred to in subclause (1) must be made available in a manner that is easily accessible.\n\n(3) If information referred to in subclause (1) is not included in an account issued to an occupier of the property, the exempt supplier must inform the occupier of how to gain access to the information.\n\n(4) If an exempt supplier supplies gas to a residential property the amount paid by the small use customer to the exempt supplier for the gas must not exceed the sum of —\n\n(a) the volumetric charge for the gas paid or payable by the exempt supplier; and\n\n(b) any service fee or charge attributable to the supply of the gas paid or payable by the exempt supplier.\n\n[Clause 5 inserted: Gazette 23 Dec 2016 p. 5905.]\n\nNotes\n\n1 This is a compilation of the *Energy Coordination Exemption Order 2009* and includes the amendments made by the other written laws referred to in the following table*.*\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *Energy Coordination Exemption Order 2009* | 31 Mar 2009 p. 1022‑4 | cl. 1 and 2: 31 Mar 2009 (see cl. 2(a));   Order other than cl. 1 and 2: 1 Apr 2009 (see cl. 2(b)) |\n| *Energy Coordination Exemption Amendment Order 2010* | 24 Sep 2010 p. 5009‑10 | cl. 1 and 2: 24 Sep 2010 (see cl. 2(a));   Order other than cl. 1 and 2: 25 Sep 2010 (see cl. 2(b)) |\n| *Energy Coordination Exemption Amendment Order 2016* | 23 Dec 2016 p. 5903‑5 | cl. 1 and 2: 22 Dec 2016 (see cl. 2(a));   Order other than cl. 1 and 2: 24 Dec 2016 (see cl. 2(b)) |\n\n\nDefined terms\n\n*[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]*\n\n**Defined term Provision(s)**\n\ndeveloper 3(1)\n\nexempt supplier 2A\n\nlicensee 3(3)\n\noccupier 2A\n\nproperty 2A\n\nresidential property 2A\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":true,"description":"The Order was expanded after initial gazettal. The 2016 amendments inserted new defined terms (clause 2A) and added on‑supply exemptions and associated conditions (clauses 4 and 5), extending exemptions beyond developer construction (clause 3) to include distribution systems located on a property and imposing supplier information duties and a residential charge limit (cl.5). The compilation table lists amendments in 2010 and 2016 that altered the Order’s scope and requirements."},"complexity_factors":["Dependence on external statute: exemptions refer to s.11G(1)/(2) of the Energy Coordination Act 1994 (requires cross‑reference).","Multiple conditional exemptions: developer exemption (cl.3) and on‑supply exemptions (cl.4) have distinct conditions.","Administrative discretion: Coordinator must be satisfied by evidence and Director may specify guidelines (cl.3(3),(5); cl.3(4)).","Contractual requirements: developer must enter an agreement with a distribution licence holder covering design, audit, transfer and maintenance (cl.3(3)).","Notification and record obligations: developer must supply design, contact, timeframe and maps before construction (cl.3(4)).","Consumer protection rules add operational limits and information duties for exempt suppliers, including an explicit residential price cap tied to supplier costs (cl.5(1)–(4)).","Amendments over time: later insertions of definitions and on‑supply provisions (clauses 2A, 4, 5) change scope and obligations (see compilation table and clause notes)."],"plain_english_summary":"This Order creates limited exemptions to the Energy Coordination Act’s licensing prohibition for (a) developers who build gas distribution systems when subdividing land, and (b) people who run distribution systems located solely on a property and sell gas for use on that property. It sets administrative conditions: developers must secure an agreement with a licensed distributor and notify the Director, and on‑site suppliers must provide clear usage/price information and, for residential customers, may only recover the supplier’s volumetric charge plus service fees. Coordinator/Director approvals and guidelines apply."},"issue_detection":{"absurdities":[],"contradictions":[]},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Scope cannot be assessed as the full text of the legislation is unavailable. No comparison between original intent and enacted provisions is possible."},"complexity_factors":["No legislative text is available to analyse — the source is a 404-style error page","Only the title and surrounding boilerplate text are present","No provisions, schedules, definitions, or operative clauses can be assessed","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"The Energy Coordination Exemption Order 2009 (WA) is a delegated instrument under Western Australia’s energy coordination framework that grants exemptions from certain regulatory or licensing requirements. It affects businesses or persons who would otherwise be subject to the Energy Coordination Act’s obligations, altering who must comply with licensing, access or other regulatory duties and so can materially change market participation and regulatory burden."},"flash_summary_failed":{"failed":true,"reason":"Unauthenticated. Configure AI_GATEWAY_API_KEY or use a provider module. Learn more: https://ai-sdk.dev/unauthenticated-ai-gateway","source":"analysis-cron"},"kimi_summary":{"content_quality":"ok","complexity_score":3,"scope_assessment":{"changed":true,"description":"The original 2009 Order only covered developers constructing distribution systems in subdivisions (clause 3). In 2016, clauses 4 and 5 were added to create a completely new exemption regime for 'on-supply' arrangements — private gas reticulation within single properties. This expanded the scope from purely development-stage infrastructure to ongoing commercial arrangements for multi-tenant properties, adding consumer protection obligations that didn't exist in the original instrument."},"complexity_factors":["Short document (5 substantive clauses plus definitions)","Only 6 defined terms, all clearly explained in clause 2A","Simple conditional structure: exemption granted, then conditions listed","Limited cross-referencing — primarily references to section 11G(1) and (2) of the parent Act","No nested exceptions or complex definitional chains","Amendment history is straightforward (three amendments since 2009, clearly tracked in compilation table)"],"plain_english_summary":"This Western Australian law creates exemptions from the main Energy Coordination Act for two specific situations involving gas distribution systems.\n\n**What it does:**\nNormally, anyone constructing or operating a gas distribution system needs a licence under the Energy Coordination Act 1994. This Order says two groups don't need that licence:\n\n1. **Property developers** building gas pipes in new subdivisions — provided they partner with a licensed gas distributor, follow design rules, and hand over the pipes once built.\n\n2. **On-suppliers** — people who buy gas in bulk and pipe it around a single property (like a shopping centre, apartment block, or caravan park) to sell to occupants. They can build private distribution systems and sell gas to \"small use customers\" on that property without holding a distribution licence.\n\n**Key protections:**\n- Developers must sign agreements with licensed distributors before building, submit construction plans to the Director, and follow technical guidelines.\n- On-suppliers must give occupants clear information about how much gas they used and what they're being charged.\n- For **residential properties** (homes), on-suppliers cannot charge occupants more than what the supplier paid for the gas plus any service fees — they can't profit from marking up the gas itself.\n\n**Who it affects:**\n- Property developers subdividing land with gas infrastructure\n- Owners/operators of multi-tenant properties (shopping centres, apartment buildings, industrial parks, caravan parks) who want to supply gas to their tenants\n- Tenants and residents who buy gas through these private arrangements rather than directly from a licensed utility\n\n**Why it matters:**\nWithout these exemptions, every apartment block owner or shopping centre manager would need a full gas distribution licence to pipe gas to their tenants. This would be impractical and expensive. The Order allows practical private gas arrangements while ensuring safety (through the developer rules) and consumer protection (through the transparency and price-cap rules for residential customers)."}},"importantCases":[],"_links":{"self":"/api/acts/energy-coordination-exemption-order-2009","history":"/api/acts/energy-coordination-exemption-order-2009/history","analysis":"/api/acts/energy-coordination-exemption-order-2009/analysis","conflicts":"/api/acts/energy-coordination-exemption-order-2009/conflicts","importantCases":"/api/acts/energy-coordination-exemption-order-2009/important-cases","documents":"/api/acts/energy-coordination-exemption-order-2009/documents"}}