{"id":"national-gas-access-wa-local-provisions-regulations-2009","name":"National Gas Access (WA) (Local Provisions) Regulations 2009","slug":"national-gas-access-wa-local-provisions-regulations-2009","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179104,"registerId":"wa-national-gas-access-wa-local-provisions-regulations-2009-current","compilationNumber":null,"startDate":"2026-04-05","status":"InForce","reasons":null,"registeredAt":null},"sections":[{"sectionNumber":"1","sectionType":"section","heading":"National Gas Access (WA) (Local Provisions) Regulations 2009","content":"![Crest]()Western Australia\n\nNational Gas Access (WA) Act 2009\n\nNational Gas Access (WA) (Local Provisions) Regulations 2009\n\nWestern Australia\n\nNational Gas Access (WA) (Local Provisions) Regulations 2009\n\nContents\n\nPart 1 — Preliminary matters\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Terms used 1\n\nPart 2 — Reference tariffs for supply to small use customers\n\n4. Terms used 2\n\n5. Part 2 applies only to distribution pipelines 2\n\n6. Uniform tariff for small use customers 3\n\n7. Impact on small use customers and retailers to be taken into account 3\n\nPart 3 — Arbitrator funding\n\n8. Terms used 5\n\n9. Standing charges 6\n\n10. Assessment and payment of standing charges 6\n\n11. Recovery of unpaid amounts 7\n\n12. Matters to be included in WA arbitrator’s annual report 8\n\n13. Transitional provisions — standing charge for first period 8\n\nSchedule 1 — Percentages for calculating standing charges\n\nNotes\n\nCompilation table 10\n\nDefined terms\n\n  \n\nWestern Australia\n\nNational Gas Access (WA) Act 2009\n\nNational Gas Access (WA) (Local Provisions) Regulations 2009\n\n## Part 1 — Preliminary matters\n\n##### 1. Citation\n\n\t\tThese regulations are the *National Gas Access (WA) (Local Provisions) Regulations 2009*.\n\n##### 2. Commencement\n\nThese regulations come into operation when the *National Gas Access (WA) Act 2009* section 21 comes into operation.\n\n##### 3. Terms used\n\n(1) In these regulations —\n\nNational Gas Law means the National Gas Access (Western Australia) Law as defined in the *National Gas Access (WA) Act 2009* section 3(1).\n\n(2) A term has the same meaning in these regulations as it has in the National Gas Law unless the contrary intention appears in these regulations.\n\n## Part 2 — Reference tariffs for supply to small use customers\n\n##### 4. Terms used\n\nIn this Part —\n\ndelivery point means a point on a distribution pipeline at which gas is withdrawn from the pipeline and delivered to an end user;\n\nreference tariff variation mechanism has the meaning given in rule 92 of the Rules;\n\nsmall delivery point means a delivery point at which gas is delivered to a user for delivery by the user to a small use customer;\n\nsmall delivery service means a reference service to the extent that it is or may be used for the delivery of gas to a small delivery point;\n\nsmall use customer means an end user —\n\n(a) to whom gas is delivered at a delivery point; and\n\n(b) to whom less than 1 terajoule of gas is delivered at that delivery point in any year; and\n\n(c) who is not a user;\n\ntariff area means one of the following areas as defined in the *Energy Coordination (Gas Tariffs) Regulations 2000* regulation 4(1) —\n\n(a) the Albany area; or\n\n(b) the Kalgoorlie‑Boulder area; or\n\n(c) the Mid‑West/South‑West area.\n\n##### 5. Part 2 applies only to distribution pipelines\n\nThis Part applies only in relation to a distribution pipeline.\n\n##### 6. Uniform tariff for small use customers\n\n(1) The ERA must not approve or make an access arrangement for a distribution pipeline if the reference tariff for any small delivery service provided for in the access arrangement varies according to the geographical location of the small delivery point to which the gas is delivered.\n\n(2) The ERA must not approve or make an access arrangement (arrangement A) for a distribution pipeline unless the reference tariff for any small delivery service provided for in arrangement A is the same as the reference tariff for the equivalent reference service in any neighbouring access arrangement.\n\n(3) In subregulation (2) a neighbouring access arrangement is an applicable access arrangement for a distribution pipeline —\n\n(a) that is operated by the same pipeline operator as the pipeline to which arrangement A relates; and\n\n(b) by means of which gas is or may be delivered to small delivery points anywhere in the tariff area in which gas is or may be delivered by means of a small delivery service provided for in arrangement A,\n\nother than an access arrangement that is to be revised or varied by arrangement A.\n\n(4) This regulation applies despite anything in the National Gas Law or Rules to the contrary.\n\n##### 7. Impact on small use customers and retailers to be taken into account\n\n(1) When exercising a discretion in approving or making an access arrangement for a distribution pipeline the ERA must take into account the possible impact of the proposed reference tariffs, the method of determining the tariffs and the reference tariff variation mechanisms on —\n\n(a) users to whom gas is or might be delivered by means of a small delivery service provided for in the access arrangement; and\n\n(b) small use customers to whom gas is or might be delivered by those users.\n\n(2) In subregulation (1) a reference to the impact of something is not limited to the economic impact of that thing.\n\n(3) A requirement under this regulation to take a matter into account applies —\n\n(a) despite anything in the National Gas Law or Rules that would otherwise prevent the matter being taken into account; and\n\n(b) in addition to any requirement under the National Gas Law or Rules —\n\n(i) for any other matter to be taken into account; or\n\n(ii) as to the content of the access arrangement.\n\n(4) For the avoidance of doubt, this regulation does not permit the ERA to approve or make an access arrangement that does not include a reference tariff variation mechanism that complies with rule 92 of the Rules.\n\n## Part 3 — Arbitrator funding\n\n##### 8. Terms used\n\nIn this Part —\n\nallowed period means the period referred to in regulation 10(2) or such further period as the WA arbitrator may allow;\n\nassessment amount means the total amount payable as specified in a notice of assessment under regulation 10(1)(b)(i);\n\ncore function costs, for a quarter, means costs that —\n\n(a) are incurred in the quarter in connection with the performance by the WA arbitrator of its functions under the national gas scheme laws; and\n\n(b) cannot be recovered under the *National Gas Access (WA) (Part 3) Regulations 2009* regulation 9;\n\nnational gas scheme laws means —\n\n(a) the National Gas Law; and\n\n(b) the National Gas Rules; and\n\n(c) the National Gas Access (Western Australia) Regulations as defined in the *National Gas Access (WA) Act 2009* section 3(1); and\n\n(d) the *National Gas Access (WA) Act 2009* and any regulations made under Part 6 of that Act;\n\nprescribed rate means an interest rate that is 5 percentage points higher than —\n\n(a) the rate quoted on Reuters Screen BBSW as the Bank Bill Reference Rate (Mid‑Rate) for a one month bill at or about 10 a.m. (Sydney time) on the first day after the allowed period; or\n\n(b) if a rate is not quoted as described in paragraph (a) — the rate determined by the WA arbitrator having regard to comparable indices then available;\n\nquarter means a period of 3 months beginning on 1 July, 1 October, 1 January or 1 April;\n\nstanding charge means a charge under regulation 9(1).\n\n##### 9. Standing charges\n\n(1) For each quarter, for each pipeline that during any of the quarter is specified in Schedule 1 and is a covered pipeline, a charge is payable in connection with the performance by the WA arbitrator of its functions under the national gas scheme laws.\n\n(2) A charge under subregulation (1) for a pipeline for a quarter is payable by any person who is the service provider during the quarter.\n\n(3) The amount of the charge under subregulation (1) payable by a person for a pipeline for a quarter is determined in accordance with the following formula —\n\n![]()\n\nwhere —\n\nS is the amount of the standing charge;\n\nC is the amount of the core function costs for the quarter;\n\nP is the percentage specified in Schedule 1 for the pipeline;\n\nDQ is the number of days in the quarter;\n\nDP is the number of days in the quarter during which —\n\n(a) the pipeline is specified in Schedule 1 and is a covered pipeline; and\n\n(b) the person is the service provider of the pipeline.\n\n##### 10. Assessment and payment of standing charges\n\n(1) As soon as is practicable after the end of each quarter the WA arbitrator must —\n\n(a) assess the standing charges payable by a person for a quarter; and\n\n(b) give a notice of assessment to the person specifying —\n\n(i) the amount of each of those charges and the total amount payable; and\n\n(ii) the amount of the core function costs used in calculating those charges; and\n\n(iii) the day on which the notice of assessment was issued.\n\n(2) A person given a notice of assessment must pay the assessment amount to the WA arbitrator within 30 days after the day specified under subregulation (1)(b)(iii).\n\n(3) If the person does not pay the assessment amount in full within the allowed period, interest on the outstanding amount is payable to the WA arbitrator at the prescribed rate calculated daily.\n\n##### 11. Recovery of unpaid amounts\n\n(1) The WA arbitrator may recover any unpaid assessment amount, together with any interest payable under regulation 10(3), in a court of competent jurisdiction as a debt due to the WA arbitrator.\n\n(2) In proceedings under subregulation (1) a certificate —\n\n(a) purporting to be signed by the WA arbitrator; and\n\n(b) specifying an amount as being an assessment amount; and\n\n(c) specifying an amount as being interest payable under regulation 10(3); and\n\n(d) specifying a person as being liable to pay the specified amounts; and\n\n(e) stating that the specified amounts are unpaid,\n\nis, without proof of the appointment of the WA arbitrator or of the authenticity of the signature, sufficient evidence of the matters specified or stated.\n\n##### 12. Matters to be included in WA arbitrator’s annual report\n\nThe annual report submitted by the WA arbitrator under the *Financial Management Act 2006* section 61 must include details of the total amount of standing charges for each person in respect of the financial year to which the annual report relates.\n\n##### 13. Transitional provisions — standing charge for first period\n\nDespite the definition in regulation 8, in this Part —\n\nquarter includes the period —\n\n(a) beginning on the day on which the *National Gas Access (WA) Act 2009* section 30 comes into operation; and\n\n(b) ending on 31 December 2009.\n\nSchedule 1 — Percentages for calculating standing charges\n\n[r. 9]\n\n|  | **Pipeline** | **Percentage** |\n| --- | --- | --- |\n| 1. | Mid West and South West Gas Distribution System (WA:GDL8) | 27.01% |\n| 2. | Dampier to Bunbury Natural Gas Pipeline (WA:PL40) | 50.00% |\n| 3. | Goldfields Gas Pipeline (WA:PL24) | 20.27% |\n| 4. | Kalgoorlie to Kambalda Pipeline (WA:PL27) | 2.72% |\n\n\nNote: WA:GDL refers to a distribution licence under the *Energy Coordination Act 1994*.  \nWA:PL refers to a pipeline licence under the *Petroleum Pipelines Act 1969*.\n\nNotes\n\n1 This is a compilation of the *National Gas Access (WA) (Local Provisions) Regulations 2009*. The following table contains information about those regulations.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *National Gas Access (WA) (Local Provisions) Regulations 2009* | 31 Dec 2009 p. 5331‑41 | 1 Jan 2010 (see r. 2 and *Gazette* 31 Dec 2009 p. 5327) |\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\nallowed period 8\n\narrangement A 6(2)\n\nassessment amount 8\n\ncore function costs 8\n\ndelivery point 4\n\nNational Gas Law 3(1)\n\nnational gas scheme laws 8\n\nneighbouring access arrangement 6(3)\n\nprescribed rate 8\n\nquarter 8, 13\n\nreference tariff variation mechanism 4\n\nsmall delivery point 4\n\nsmall delivery service 4\n\nsmall use customer 4\n\nstanding charge 8\n\ntariff area 4\n","sortOrder":0}],"analysis":{"flash_summary":{"complexity_score":4,"scope_assessment":{"changed":false,"description":"These regulations add local provisions rather than broaden or contract the National Gas Law’s fundamental coverage. They limit Part 2 to distribution pipelines and set local rules on small‑use tariffs and arbitrator funding; they do not expand the statutory objects of the National Gas Law but implement specified local mechanics (regs 5–6, 8–9, Schedule 1)."},"complexity_factors":["Cross-references to multiple external instruments (National Gas Law, Rules, and other WA regulations) increase interpretive dependencies (regs 3, 6(4), 7(3)).","Uniform tariff requirement that binds geographic pricing and sets inter‑arrangement parity between neighbouring access arrangements—requires comparing arrangements and operators (reg 6(1)–(3)).","Discretion and mandatory considerations for the ERA to take non‑economic impacts into account when approving access arrangements, but not to override rule‑92 compliance—creates bounded but nontrivial regulatory judgement (reg 7(1), 7(4)).","Standing charge funding mechanism combines arithmetic formula, quarterly assessment, and schedule percentages (reg 9(3) and Schedule 1), producing an operational compliance burden for service providers.","Payment, interest (prescribed rate) and recovery processes permit summary certificate evidence and court debt recovery, concentrating enforcement power with the WA arbitrator (regs 10–11).","Defined‑term density (small delivery point/service/use customer, tariff area, quarter, core function costs, covered pipeline) requires careful mapping between facts and legal categories (regs 4, 8, Schedule 1).","Transitional timing and modified definition of 'quarter' for the first period adds a short temporal exception to calculations (reg 13)."],"plain_english_summary":"These regulations impose two local requirements under the National Gas Access (WA) framework. First, for distribution pipelines they require a single, uniform reference tariff for small‑use customers across geographic locations and neighbouring access arrangements, and oblige the ERA to consider impacts on small customers and retailers when approving tariffs (regs 6–7). Second, they fund the WA arbitrator by charging pipeline service providers a quarterly standing charge calculated from core costs and Schedule 1 percentages, with billing, interest and recovery rules (regs 8–11)."},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Unable to assess whether the scope changed from original intent — no legislative text was available for analysis. The page content consists entirely of a website error message and an Acknowledgement of Country."},"complexity_factors":["No substantive legislative text was provided — the source page returned a 404-style error notice","Only the title and an acknowledgement of country were retrievable","Cannot assess actual regulatory complexity, cross-references, defined terms, or operative provisions without the text","Score of 1 reflects absence of content to analyse, not simplicity of the underlying law (which, based on the title, would likely score 7–8 if retrieved)"],"plain_english_summary":"These regulations set WA-specific rules under the state's gas access framework, governing how third parties (e.g., retailers, large users) gain access to gas pipelines. They affect energy companies, businesses that rely on pipeline gas and, indirectly, consumers by shaping commercial access, pricing and network operation. If you need the text, check the WA legislation site."},"flash_summary_failed":{"failed":true,"reason":"A positive credit balance is required for all requests, including BYOK, so fallback providers remain available. Add credits at https://vercel.com/d?to=%2F%5Bteam%5D%2F%7E%2Fai%3Fmodal%3Dtop-up to continue.","source":"analysis-cron"},"issue_detection":{"absurdities":[],"contradictions":[]},"kimi_summary":{"content_quality":"ok","complexity_score":4,"scope_assessment":{"changed":false,"description":"The legislation appears focused on its original dual purpose: (1) preventing geographic price discrimination for small gas customers in WA, and (2) establishing a funding mechanism for the WA Gas Arbitrator. The scope remains tightly constrained to these two specific operational matters without significant expansion into broader regulatory areas."},"complexity_factors":["Moderate cross-referencing: References to National Gas Law, National Gas Rules, Energy Coordination (Gas Tariffs) Regulations 2000, National Gas Access (WA) (Part 3) Regulations 2009, Financial Management Act 2006, and Petroleum Pipelines Act 1969","Mathematical formula in regulation 9(3) for calculating standing charges involving multiple variables (S, C, P, DQ, DP)","Nested definitions: Terms like 'small use customer' depend on 'delivery point' and 'user', which are defined elsewhere or imported from other legislation","Conditional logic in regulation 6(3) defining 'neighbouring access arrangement' with multiple cumulative requirements (same operator, same tariff area, not being revised)","Exception to exception structure in regulation 7(4): clarifies that despite the broad discretion granted, the ERA still cannot approve arrangements that violate Rule 92","Transitional provision in regulation 13 creating a special definition override for the first funding period","Total of 17 defined terms across the instrument, with some terms having multiple definition points (e.g., 'quarter' defined in both regulation 8 and modified in regulation 13)"],"plain_english_summary":"**What this legislation does:**\n\nThese regulations set out two specific sets of rules for Western Australia's gas industry under the national gas access framework:\n\n**1. Price protection for small gas customers (Part 2)**\n- **Who it affects:** Households and small businesses using less than 1 terajoule of gas per year (called \"small use customers\"), plus the retailers who supply them.\n- **What it does:** \n  - Prevents gas companies from charging different prices based on where you live within a region. Whether you're in Albany, Kalgoorlie-Boulder, or the Mid-West/South-West area, you must be offered the same reference tariff (a benchmark price) as your neighbour.\n  - If one company operates multiple pipelines in the same region, they must charge the same price across all of them.\n  - The Economic Regulation Authority (ERA — WA's energy watchdog) must consider how pricing decisions affect small customers and retailers before approving any price changes.\n\n**2. Funding the gas arbitrator (Part 3)**\n- **Who it affects:** Gas pipeline operators (service providers) listed in Schedule 1, including major pipelines like the Dampier to Bunbury pipeline and the Goldfields Gas Pipeline.\n- **What it does:**\n  - Requires these pipeline companies to pay quarterly \"standing charges\" to fund the WA Gas Arbitrator — an independent body that resolves disputes in the gas industry.\n  - The charges are calculated as a percentage of the arbitrator's core operating costs, with each pipeline paying a set share (ranging from 2.72% to 50% depending on the pipeline).\n  - Sets out rules for assessment, payment deadlines (30 days), interest on late payments, and how unpaid debts can be recovered.\n\n**Why it matters:**\nThese rules ensure small gas users aren't ripped off through geographic price discrimination, while making sure the industry dispute resolver is properly funded by the companies that use the system rather than taxpayers."}},"importantCases":[],"_links":{"self":"/api/acts/national-gas-access-wa-local-provisions-regulations-2009","history":"/api/acts/national-gas-access-wa-local-provisions-regulations-2009/history","analysis":"/api/acts/national-gas-access-wa-local-provisions-regulations-2009/analysis","conflicts":"/api/acts/national-gas-access-wa-local-provisions-regulations-2009/conflicts","importantCases":"/api/acts/national-gas-access-wa-local-provisions-regulations-2009/important-cases","documents":"/api/acts/national-gas-access-wa-local-provisions-regulations-2009/documents"}}