{"id":"national-gas-access-wa-part-3-regulations-2009","name":"National Gas Access (WA) (Part 3) Regulations 2009","slug":"national-gas-access-wa-part-3-regulations-2009","collection":"regulation","jurisdiction":"wa","status":"in_force","isInForce":true,"actNumber":null,"makingDate":null,"administeringDepartment":null,"currentVersion":{"id":179108,"registerId":"wa-national-gas-access-wa-part-3-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) (Part 3) Regulations 2009","content":"![Crest]()Western Australia\n\nNational Gas Access (WA) Act 2009\n\nNational Gas Access (WA) (Part 3) Regulations 2009\n\nWestern Australia\n\nNational Gas Access (WA) (Part 3) Regulations 2009\n\nContents\n\n1. Citation 1\n\n2. Commencement 1\n\n3. Interpretation 1\n\n4. Designated pipelines 1\n\n5. Definition of pipeline 2\n\n6. Civil penalty provisions 2\n\n7. Conduct provisions 3\n\n8. Summons to appear as witness 3\n\n9. Dispute resolution body to be able to charge for costs of access disputes 4\n\n13. Content of request for Rule 4\n\n13A. Indexation of civil and criminal penalty amounts 5\n\n14. Fees 7\n\n15. Transitional arrangements for Gas Review Board 7\n\nSchedule 1 — Designated pipelines\n\nSchedule 2 — Exclusions from definition of pipeline\n\nSchedule 3 — Civil penalties\n\nDivision 1 — Tier 1 civil penalty provisions\n\nDivision 2 — Tier 2 civil penalty provisions\n\nDivision 3 — Tier 3 civil penalty provisions\n\nSchedule 4 — Conduct provisions\n\nSchedule 5 — Fees\n\nNotes\n\nCompilation table 26\n\nDefined terms\n\n  \n\nNational Gas Access (WA) Act 2009\n\nNational Gas Access (WA) (Part 3) Regulations 2009\n\n##### 1. Citation\n\n\t\tThese regulations are the *National Gas Access (WA) (Part 3) Regulations 2009*.\n\n##### 2. Commencement\n\nThese regulations come into operation when the *National Gas Access (WA) Act 2009* Part 3 comes into operation.\n\n##### 3. Interpretation\n\nIn these regulations —\n\nAct means the *National Gas Access (WA) Act 2009*;\n\nNGL means the National Gas Law;\n\ntier 1 civil penalty provision has the meaning given in regulation 6(2);\n\ntier 2 civil penalty provision has the meaning given in regulation 6(3);\n\ntier 3 civil penalty provision has the meaning given in regulation 6(4).\n\n[Regulation 3 amended: SL 2024/185 r. 4.]\n\n##### 4. Designated pipelines\n\n(1) For the purposes of the definition of ***designated pipeline*** in section 2 of the NGL a pipeline listed in Schedule 1 is prescribed to be a designated pipeline.\n\n(2) For the purposes of Schedule 1, the WA commencement date is the date of commencement of the *National Gas Access (WA) (Part 3) Regulations 2009*.\n\n##### 5. Definition of pipeline\n\nFor the purposes of the definition of ***pipeline*** in section 2 of the NGL —\n\n(a) a gas processing plant listed in column 1 of the table in Schedule 2 is a prescribed gas processing plant; and\n\n(b) in relation to a pipeline conveying natural gas from such a gas processing plant — the flange or point described in column 2 of that table opposite the reference to the plant is a prescribed exit flange or prescribed as a connection point (as the case requires).\n\n##### 6. Civil penalty provisions\n\n(1) For the purposes of section 3(b) of the NGL, a provision of the NGL, other than a civil penalty provision under section 3(a) of the NGL, or Rules listed in Schedule 3 is prescribed to be a civil penalty provision.\n\n(2) A civil penalty provision listed in Schedule 3 Division 1 is prescribed for the purposes of section 3A(1)(c) of the NGL and is a tier 1 civil penalty provision.\n\n(3) A civil penalty provision listed in Schedule 3 Division 2 is prescribed for the purposes of section 3A(1)(b) of the NGL and is a tier 2 civil penalty provision.\n\n(4) A civil penalty provision to which section 3A(1)(a) of the NGL applies is a tier 3 civil penalty provision.\n\n[Regulation 6 inserted: SL 2024/185 r. 5.]\n\n##### 7. Conduct provisions\n\nFor the purposes of section 4(b) of the NGL, a provision of the NGL or the Rules listed in Schedule 4 is prescribed to be a conduct provision.\n\n##### 8. Summons to appear as witness\n\n(1) A summons issued by the dispute resolution body under Chapter 6 Part 6 of the NGL must include —\n\n(a) the name and address of the person on whom the summons is to be served; and\n\n(b) if the summons is for the production of a document —\n\n(i) a proper description of the document; and\n\n(ii) if the document is to be produced by a person that is a corporation, the name and title of the appropriate officer of the corporation who is to attend and produce the document;\n\nand\n\n(c) the date, time and place of the hearing of the dispute resolution body at which the person is required to attend and (if required) to produce the document.\n\n(2) The summons will remain in force for a period specified in the summons or, if no period is specified, until the conclusion of the proceeding in relation to which the summons has been issued.\n\n(3) The summons will be taken to be effectively served if —\n\n(a) a copy of the summons is handed to the person to be served or, where service by that method is refused or obstructed or made impracticable, a copy of the summons is placed as near as practicable to the person and the person is informed of the nature of the summons; or\n\n(b) a copy of the summons is delivered to a legal practitioner acting for the person to be served and the legal practitioner endorses a statement on the summons to the effect that the legal practitioner accepts service; or\n\n(c) where the person to be served is a corporation, a copy of the summons is served on the corporation in accordance with the provisions of the *Corporations Act 2001* of the Commonwealth; or\n\n(d) a copy of the summons is served in accordance with an agreement made between the parties as to the place and method of service and the person on whom service may be effected; or\n\n(e) an answer to the summons is filed with the dispute resolution body; or\n\n(f) the dispute resolution body is satisfied that the person to be served has received a copy of the summons.\n\n##### 9. Dispute resolution body to be able to charge for costs of access disputes\n\nPursuant to section 216 of the NGL, the dispute resolution body may —\n\n(a) charge the parties to an access dispute for its costs in the access dispute; and\n\n(b) apportion those costs between the parties.\n\n[Note: r. 10 and 11 have intentionally been left blank.]\n\n[**12.** Deleted: SL 2025/17 r. 4]\n\n##### 13. Content of request for Rule\n\n(1) For the purposes of section 298 of the NGL, a request for the making of a Rule must contain the following information —\n\n(a) the name and address of the person making the request;\n\n(b) a description of the Rule that the person proposes be made;\n\n(c) a statement of the nature and scope of the issue that is proposed to be addressed and an explanation of how the proposed Rule would address the issue;\n\n(d) an explanation of how the proposed Rule will or is likely to contribute to the achievement of the national gas objective;\n\n(e) an explanation of the expected benefits and costs of the proposed change and the potential impacts of the change on those likely to be affected;\n\n(f) in the case of a request by a gas market regulatory body in the circumstances described in section 305(1)(a) of the NGL — a summary of the consultation conducted by the gas market regulatory body (including information about the extent of the consultation and about the issues raised during the consultation and the gas market regulatory body’s response to those issues).\n\n(2) A request under section 295 of the NGL for the making of a Rule must be in writing.\n\n##### 13A. Indexation of civil and criminal penalty amounts\n\n(1) For the purposes of clauses 47A and 47B of Schedule 2 to the NGL, each civil penalty amount and criminal penalty amount is to be adjusted in accordance with the following formula —\n\n\n\nwhere —\n\nP is the amount that applies on and from the date of the adjustment;\n\nPc is the amount that applied immediately before the first adjustment;\n\nA is —\n\n(a) for the 1st adjustment — the sum of the index numbers for the 4 quarters in the 2022 calendar year; and\n\n(b) for each subsequent adjustment — the sum of the index numbers for the 4 quarters in the calendar year that ended most recently before the date of the adjustment;\n\nB is the sum of the index numbers for the 4 quarters in the 2019 calendar year;\n\nis calculated to the nearest 3 decimal places (and a 4th decimal place of 5 is to be rounded up).\n\n(2) An amount adjusted under this regulation is to be rounded up or down as follows —\n\n(a) in the case of an amount that is $10 000 or greater — to the nearest multiple of $100 (with an amount of $50 rounded up);\n\n(b) in the case of an amount that is less than $10 000 — to the nearest multiple of $10 (with an amount of $5 rounded up).\n\n(3) If an amount adjusted under this regulation is less than the amount that applied immediately before the adjustment, the amount that applied immediately before the adjustment applies instead.\n\n(4) In this regulation —\n\nindex number, for a quarter, means —\n\n(a) the All Groups Consumer Price Index number that is the weighted average of the 8 capital cities and is published by the Australian Statistician for that quarter; or\n\n(b) if the Australian Statistician fails or ceases to publish that Index, another index number determined by the MCE for that quarter.\n\n[Regulation 13A inserted: SL 2024/185 r. 6.]\n\n##### 14. Fees\n\n(1) The fees set out in Schedule 5 are prescribed.\n\n(2) A fee is not payable for the notification of an access dispute under section 181 of the NGL if the notification is made by a user consuming less than 1 terajoule of gas per year.\n\n##### 15. Transitional arrangements for Gas Review Board\n\n(1) In this regulation —\n\nBoard has the meaning given in the *Energy Arbitration and Review Act 1998* section 49;\n\nGas Pipelines Access Law has the meaning given in section 11 of the Act;\n\ntransitional provisions means —\n\n(a) the provisions of —\n\n(i) the NGL and National Gas Rules, as defined in the NGL; and\n\n(ii) the Act and the regulations made under it,\n\nthat deal with matters of a transitional, application or savings nature relating to the transition from the application of provisions of the Gas Pipelines Access Law to the application of provisions of the NGL; and\n\n(b) any provisions of the Gas Pipelines Access Law that continue to have effect as a result of the provisions referred to in paragraph (a).\n\n(2) The Board has the functions of the local appeals board under the transitional provisions.\n\n(3) Despite the repeal of the *Gas Pipelines Access (Western Australia) (Funding) Regulations 1999*, in relation to the exercise by the Board of the functions referred to in subregulation (2) *—*\n\n(a) the Board may exercise the functions of the Board under regulations 9 of those regulations; and\n\n(b) the WA arbitrator may exercise the functions of the arbitrator under regulation 10 of those regulations in relation to amounts payable under regulation 9,\n\nas if those regulations had not been repealed.\n\nSchedule 1 — Designated pipelines\n\n[r. 4(1)]\n\n- **1. Distribution pipelines — South Australia**\n- (1) Distribution pipelines which, immediately before 1 July 2008, were subject to the Access Arrangement for the South Australian Gas Distribution System dated October 2006 made under the Gas Code (as drafted and approved by the Essential Services Commission of South Australia) and as varied from time to time in accordance with the NGL and National Gas Rules.\n- (2) Extensions to and expansions of the capacity of a pipeline listed in subclause (1) where, by operation of an applicable access arrangement or under the NGL, those extensions or expansions are to be treated as part of the pipeline.\n- **2. Transmission pipelines — Western Australia**\n- (1) The transmission pipeline which was, immediately before the WA commencement date, the subject of pipeline licence PL 40 under the *Petroleum Pipelines Act 1969* of Western Australia (the Dampier to Bunbury Natural Gas Pipeline).\n- (2) The transmission pipeline which was, immediately before the WA commencement date, the subject of pipeline licence PL 24 under the *Petroleum Pipelines Act 1969* of Western Australia (the Goldfields Gas Pipeline).\n- (3) Extensions to and expansions of the capacity of a pipeline listed in subclause (1) or (2) where, by operation of an applicable access arrangement or under the NGL, those extensions or expansions are to be treated as part of the pipeline.\n- **3. Distribution pipelines — Western Australia**\n- (1) The distributions pipelines which form part of the WA Gas Networks (formerly Alinta Gas) Distributions Systems and which, immediately before the WA commencement date, were subject to the “AlintaGas Networks Pty Ltd’s Access Arrangement for the Mid‑West and South‑West Gas Distribution Systems” approved by the ERA under the Gas Code on 10 August 2005.\n- (2) Extensions to and expansions of the capacity of a pipeline listed in subclause (1) where, by operation of an applicable access arrangement or under the NGL, those extensions or expansions are to be treated as part of the pipeline.\n\n\nSchedule 2 — Exclusions from definition of pipeline\n\n[r. 5]\n\n| **Prescribed gas processing plant** | **Prescribed exit flange or connection point** |\n| --- | --- |\n| **New South Wales** | |\n| Rosalind Park (Camden) | In respect of the pipeline mentioned in pipeline licence no. 30 under the *Pipelines Act 1967* of New South Wales —<br>(a) the 150NB flange located approximately 2 metres upstream of the pipeline insulating joint and immediately downstream of the Rosalind Park Gas Plant’s sales gas metering facility. |\n| **Northern Territory** | |\n| Palm Valley    Gas Plant | In respect of the Palm Valley Gas Pipeline the flange —<br>(a) shown as the insulating flange on the drawing entitled Palm Valley — Alice Springs Gas Pipe Line Well‑Head Assembly — Drawing Number 10‑011 (Revision 6 of 8/84) held by the Northern Territory Department of Mines and Energy at Darwin; and<br>(b) situated at the Palm Valley Gas Plant immediately inside the perimeter fence downstream of the main gas plant and immediately upstream of the launching system. |\n| Mereenie Gas Plant | In respect of the Mereenie Gas Pipeline — the flange —<br>(a) shown as the insulating flange (I.F.) on the drawing entitled Amadeus Basin to Darwin Pipeline Mereenie Meter Station — P & I Diagram Inlet and Station Limit Valve — Drawing Number AD M000‑7002 (Revision D of 25.2.86) held by the Northern Territory Department of Mines and Energy at Darwin; and<br>(b) situated at the Mereenie Gas Plant immediately inside the perimeter fence and downstream of the main gas plant. |\n| **Queensland**<br>References to diagrams in the entries relating to Queensland are references to diagrams held by the Department of Mines and Energy at Brisbane. | |\n| Wungoona J.V.   (Wallumbilla) | In respect of the pipeline mentioned in pipeline licence PPL no. 2 (Wallumbilla to Brisbane) under the *Petroleum Act 1923* of Queensland —<br>(a) the flange located immediately upstream of the series of valves before the meter run, as shown on diagram W, Wungoona JV‑RBP ML 1A Metering Station and marked “AA” on the diagram. |\n|  | In respect of the pipeline mentioned in pipeline licence PPL no. 30 under the *Petroleum Act 1923* of Queensland —<br>(a) the pipe weld on the upstream side of an insulating joint located immediately upstream of the main flow control valve, as shown on diagram X, Wungoona JV — Duke Energy Pipeline and marked “BB” on the diagram. |\n| Ballera | In respect of the pipeline mentioned in pipeline licence PPL no. 24 under the *Petroleum Act 1923* of Queensland —<br>(a) the 2 flanges on the upstream sides of 2 isolating valves upstream of where the pipeline separates into 2 parallel meter runs, as shown on diagram Y, Ballera Gas Centre — SWQ Unit — Epic Pipeline and marked “CC” and “DD” on the diagram. |\n|  | In respect of the pipeline mentioned in pipeline licence PPL no. 41 under the *Petroleum Act 1923* of Queensland —<br>(a) the pipe weld on the upstream side of the insulating joint leading to the 2 meter runs operated by the Ballera‑Mount Isa Pipeline, as shown on diagram Z, Ballera Gas Centre — SWQ Unit — Ballera and marked “EE” on the diagram. |\n| Gilmore | In respect of the pipeline mentioned in pipeline licence PPL no. 15 under the *Petroleum Act 1923* of Queensland —<br>(a) the upstream flange of the actuated slamshut valve XV‑0305 that is located on the metering skid downstream of the gas flow measurement, as shown on Energy Equity’s P & I Drawing No. G101‑40F‑0004. |\n| Moura Mine | In respect of the pipeline mentioned in mining lease ML no. ML 80032 under the *Mineral Resources Act 1923* of Queensland —<br>(a) the downstream face of the flanged ball valve SLV 0202 located between the dehydration unit and the launcher station, as shown on Drawings Nos NP03777‑P11 and NP03777‑P77. |\n| Kincora | In respect of the pipeline mentioned in pipeline licence PPL no. 3 under the *Petroleum Act 1923* of Queensland —<br>(a) the 150NB class 600 flange immediately downstream of the Kincora Gas Plant’s 150NB class 600 actuated isolation valve, as shown on P & ID Drawing No. 600‑1001 Rev 3. |\n| Central Treatment (Westgrove) | In respect of the pipeline mentioned in pipeline licence PPL no. 11 under the *Petroleum Act 1923* of Queensland —<br>(a) the 200NB class 900 flange located approximately 0.7 m away from the Central Treatment Plant’s main 200NB pipeline and pig launching facility immediately downstream of the plant’s 200NB class 900 main isolation valve, as shown on P & ID Drawing No. 3100 10 0020 Rev 6. |\n| Rolleston | In respect of the pipeline mentioned in pipeline licence PPL no. 10 under the *Petroleum Act 1923* of Queensland —<br>(a) the 150NB class 900 flange located immediately downstream of the 150NB class 900 isolation valve that is immediately downstream of the moisture analyser on the Rolleston Gas Plant’s sales gas metering facility, as shown on P & ID Drawing No. 3500‑10‑0020 Rev 5. |\n| Dawson River Central | In respect of the pipeline mentioned in pipeline licence PPL no. 26 under the *Petroleum Act 1923* of Queensland —<br>(a) the 150NB class 600 flange located immediately downstream of the 150NB class 600 isolation valve at the tie‑in station, as shown on P & ID Drawing No. DR — 11014 Rev 1. |\n| Moura Central | In respect of the pipeline mentioned in pipeline licence PPL no. 26 under the *Petroleum Act 1923* of Queensland —<br>(a) the 150NB class 600 flange located immediately downstream of the 150NB class 600 isolation valve at the tie‑in station pit, as shown on P & ID Drawing No. DR — 11014 Rev 1. |\n| **South Australia** | |\n| Moomba Plant | In respect of the pipeline conveying natural gas from the Moomba natural gas processing plant to Adelaide —<br>(a) the insulating joint situated between the meter station for the pipeline and EPIC’s after cooler (as indicated in Diagram 1 below). |\n|  | In respect of the pipeline conveying natural gas from the Moomba natural gas processing plant to Sydney —<br>(a) the downstream weld of the 600 mm x 750 mm reducer situated, upstream of the insulation flange, between the meter station and East Australian Pipeline Ltd’s mainline 750 mm valve on the outlet of the meter station (as indicated in Diagram 2 below). |\n| Katnook Plant | The insulating flange that is located one metre inside the boundary fence of the plant, upstream of the pipeline branch to Safries and downstream of the emergency shut down skid, as shown on drawing 107.5.1 held by the Office of Energy Policy at Adelaide. |\n| **Victoria** | |\n| Longford gas processing plant,    Garretts Road, Longford, Victoria | The exit flanges contained within the Longford Metering Station at Garretts Road, Longford, Victoria which are connected to the two 600 mm pipes from the prescribed gas processing plant to the Longford Metering Station and are —<br>(a) the 600 mm weld on the 750 mm by 600 mm reducer; and<br>(b) the upstream flange face of the 600 mm branch valve; and<br>(c) the 600 mm weld 3000 mm downstream on the side arm of the 600 mm equal tee,<br>all of which are immediately upstream of the metering runs which form a part of the Longford Metering Station. |\n| North Paaratte gas processing plant, Government Road, Paaratte, Victoria | The exit flange that is the upstream flange face of the first actuated slamshut valve immediately upstream of the metering runs which form a part of the Paaratte Metering Station at Government Road, Paaratte. |\n| **Western Australia** | |\n| North West Shelf Gas Project Domestic Gas | In respect of the pipeline that is the subject of pipeline licence PL40 under the *Petroleum Pipelines Act 1969* of Western Australia —<br>(a) the upstream flange of the flange joint immediately upstream of the most upstream of the monolithic insulation joints that are inside the fence of the pipeline’s Dampier facilities compound. |\n| Tubridgi | In respect of the pipeline that is the subject of pipeline licence PL16 under the *Petroleum Pipelines Act 1969* of Western Australia —<br>(a) the downstream flange of the plant exit shut down valve that —<br> (i) is between the pipeline pig launcher and the pipeline meter station; and<br> (ii) is the first shut down valve downstream of the connection to the 150 mm pipe from the filter separator. |\n| Dongara | In respect of the pipeline that is the subject of pipeline licence PL1 under the *Petroleum Pipelines Act 1969* of Western Australia —<br>(a) the upstream flange of the flange joint at the inlet end of the isolating valve that is at the inlet to the pipeline inlet gas flow meter. |\n| Beharra Springs | In respect of the pipeline that is the subject of pipeline licence PL18 under the *Petroleum Pipelines Act 1969* of Western Australia —<br>(a) the upstream flange of the insulated flange joint that —<br> (i) is immediately upstream of the first barred tee downstream of the pig launcher; and<br> (ii) is on the through line of the tee. |\n| Griffin | In respect of the pipeline that is the subject of pipeline licence PL19 under the *Petroleum Pipelines Act 1969* of Western Australia —<br>(a) the downstream flange of the flange joint that connects the 200 mm Griffin Gas Header pipe with the 200 mm pipe connecting with the 250 mm pipe to the pipeline meter station. |\n\n\n![C:\\Users\\williams\\AppData\\Local\\Microsoft\\Windows\\INetCache\\Content.Outlook\\4MTQXHZ7\\Diagram1b.JPG]()\n\n![]()\n\nSchedule 3 — Civil penalties\n\n[r. 6]\n\n[Heading inserted: SL 2024/185 r. 7.]\n\nDivision 1 — Tier 1 civil penalty provisions\n\n[Heading inserted: SL 2024/185 r. 7.]\n\n**Provisions of the NGL**\n\nSection 56\n\nSection 57\n\nSection 133\n\nSection 134\n\nSection 135\n\nSection 136\n\nSection 139\n\nSection 140\n\nSection 141\n\nSection 143(6)\n\nSection 147\n\nSection 148\n\nSection 169(3)\n\nSection 170\n\nSection 195\n\nSection 225\n\n**Provisions of the Rules**\n\nRule 109\n\nRule 137\n\nRule 560(1)\n\nRule 562(3)\n\nRule 586(2)\n\n[Division 1 inserted: SL 2024/185 r. 7.]\n\nDivision 2 — Tier 2 civil penalty provisions\n\n[Heading inserted: SL 2024/185 r. 7.]\n\n**Provisions of the NGL**\n\nSection 131\n\nSection 168\n\nSection 223\n\n**Provisions of the Rules**\n\nRule 33(1)\n\nRule 36\n\nRule 37\n\nRule 43(1)\n\nRule 46\n\nRule 52(1)\n\nRule 53(6)\n\nRule 107\n\nRule 108\n\nRule 110\n\nRule 112\n\nRule 138\n\nRule 551(1)\n\nRule 551(3)\n\nRule 552(1)\n\nRule 558(1)\n\nRule 558(2)\n\nRule 585(8)\n\n[Division 2 inserted: SL 2024/185 r. 7.]\n\nDivision 3 — Tier 3 civil penalty provisions\n\n[Heading inserted: SL 2024/185 r. 7.]\n\n**Provisions of the NGL**\n\nSection 227\n\nSection 228\n\n**Provisions of the Rules**\n\nRule 27(4)\n\n[Division 3 inserted: SL 2024/185 r. 7.]\n\nSchedule 4 — Conduct provisions\n\n[r. 7]\n\n**Provisions of the Rules**\n\nRule 33(1)\n\nRule 36\n\nRule 107\n\nRule 108\n\nRule 109\n\nRule 110\n\nRule 112\n\nRule 115(3)\n\nRule 137\n\nRule 138\n\nRule 560(1)\n\nRule 562(3)\n\n[Schedule 4 amended: SL 2021/17 r. 5.]\n\nSchedule 5 — Fees\n\n[r. 14]\n\n|  |  | **$** |\n| --- | --- | --- |\n| 1. | Application for a coverage determination under section 92 of the NGL | 7 500 |\n| 2. | Application for a coverage revocation determination under section 102 of the NGL | 7 500 |\n| 3. | Application to the NCC under section 128 of the NGL | 2 000 |\n| 4. | Application for a 15 year no‑coverage determination under section 151 of the NGL | 7 500 |\n| 5. | Application for a price regulation exemption under section 160 of the NGL | 7 500 |\n| 6. | Notification of an access dispute under section 181 of the NGL | 2 750 |\n\n\n![]()\n\nNotes\n\nThis is a compilation of the *National Gas Access (WA) (Part 3) Regulations 2009* and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.\n\nCompilation table\n\n| **Citation** | **Gazettal** | **Commencement** |\n| --- | --- | --- |\n| *National Gas Access (WA) (Part 3) Regulations 2009* | 31 Dec 2009 p. 5343‑64 | 1 Jan 2010 (see r. 2 and *Gazette* 31 Dec 2009 p. 5327) |\n| *National Gas Access (WA) (Part 3) Amendment Regulations 2021* | SL 2021/17 2 Feb 2021 | r. 1 and 2: 2 Feb 2021 (see r. 2(a));   Regulations other than r. 1 and 2: 3 Feb 2021 (see r. 2(b)) |\n| *National Gas Access (WA) (Part 3) Amendment Regulations 2024* | SL 2024/185 4 Sep 2024 | r. 1 and 2: 4 Sep 2024 (see r. 2(a));   Regulations other than r. 1 and 2: 5 Sep 2024 (see r. 2(b) and *Gazette* 4 Sep 2024 p. 2215) |\n| *National Gas Access (WA) (Part 3) Amendment Regulations 2025* | SL 2025/17 22 Jan 2025 | r. 1 and 2: 22 Jan 2025 (see r. 2(a));   Regulations other than r. 1 and 2: 23 Jan 2025 (see r. 2(b) and *Gazette* 22 Jan 2025 p. 63) |\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\nAct 3\n\nBoard 15(1)\n\nGas Pipelines Access Law 15(1)\n\nindex number 13A(4)\n\nNGL 3\n\ntier 1 civil penalty provision 3, 6(2)\n\ntier 2 civil penalty provision 3, 6(3)\n\ntier 3 civil penalty provision 3, 6(4)\n\ntransitional provisions 15(1)\n\nWA commencement date 4(2)\n\n© State of Western Australia 2025.\n\nThis work is licensed under a Creative Commons Attribution 4.0 International Licence (CC BY 4.0). To view relevant information and for a link to a copy of the licence, visit www.legislation.wa.gov.au.\n\nAttribute work as: © State of Western Australia 2025.\n\nBy Authority: GEOFF O. LAWN, Government Printer\n","sortOrder":0}],"analysis":{"issue_detection":{"absurdities":[],"contradictions":[]},"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"},"summary":{"complexity_score":1,"scope_assessment":{"changed":false,"description":"Impossible to assess whether scope changed from original intent — the full text of the regulations was not accessible for analysis."},"complexity_factors":["No legislative content was retrievable — the source page returned a 404-style error message","Unable to assess actual complexity as the text of the regulations is unavailable","Score of 1 reflects absence of content, not simplicity of the underlying law"],"plain_english_summary":"This Western Australian regulation (2009) is part of the framework governing national gas access in WA. It sets rules about how gas infrastructure can be accessed and used, affecting pipeline operators, energy retailers, large industrial users and potentially household consumers. It matters because it regulates who can use gas networks and on what terms."},"kimi_summary":{"content_quality":"ok","complexity_score":6,"scope_assessment":{"changed":false,"description":"The regulations appear to maintain their original scope as machinery provisions supporting the National Gas Access (WA) Act 2009. While there have been amendments (particularly in 2024 adding the tiered penalty structure and indexation), these represent elaboration within the original framework rather than expansion beyond the initial purpose of implementing the National Gas Law in Western Australia. The transitional arrangements in Regulation 15 were part of the original design to manage the shift from the Gas Pipelines Access Law to the NGL."},"complexity_factors":["Extensive cross-referencing to the National Gas Law (NGL) and National Gas Rules—most provisions simply prescribe things 'for the purposes of' sections of the NGL, requiring readers to consult multiple documents","Highly technical Schedule 2 with 19 separate gas processing plants across 5 jurisdictions, each with precise engineering specifications (flange locations, drawing numbers, valve identifiers) that require specialist knowledge to interpret","Mathematical indexation formula in Regulation 13A with variables, rounding rules, and CPI calculations that create computational complexity","Three-tier penalty structure (Divisions 1-3 of Schedule 3) with overlapping categories and references to external provisions","Transitional provisions in Regulation 15 that maintain parallel operation of repealed regulations (Gas Pipelines Access (Western Australia) (Funding) Regulations 1999) for specific purposes","Multiple defined terms (9 terms) that themselves reference other definitions or external legislation","Intentionally blank regulations (10, 11) and deleted regulation (12) indicating evolutionary complexity and patchwork amendment history"],"plain_english_summary":"These regulations support Western Australia's adoption of the National Gas Law (NGL), which creates a national framework for regulating access to natural gas pipelines.\n\n**What this legislation does:**\n\n*   **Lists specific pipelines** that are subject to national access rules (Schedule 1), including major WA pipelines like the Dampier to Bunbury and Goldfields Gas Pipelines, plus distribution networks in WA and SA.\n*   **Defines technical boundaries** for gas processing plants (Schedule 2), specifying exactly where a pipeline starts (at specific flanges and connection points) to determine which facilities fall under the national regime.\n*   **Sets penalty levels** for breaking the rules (Schedule 3), categorising offences into three tiers with different fine amounts—serious breaches (Tier 1), moderate breaches (Tier 2), and minor breaches (Tier 3).\n*   **Specifies which rules are \"conduct provisions\"** (Schedule 4)—these are rules that can lead to court orders stopping certain behaviour.\n*   **Provides procedural rules** for disputes, including how summonses must be served on witnesses and how the dispute resolution body can charge parties for hearing costs.\n*   **Indexes penalties to inflation** (Regulation 13A), using a CPI formula to adjust fine amounts automatically over time.\n*   **Sets fees** for applications like coverage determinations and access dispute notifications (Schedule 5), with exemptions for small gas users consuming less than 1 terajoule per year.\n*   **Handles the transition** from old WA gas access laws to the new national system, giving the old Gas Review Board temporary functions during the changeover.\n\n**Who it affects:**\n\n*   Gas pipeline owners and operators in WA and SA\n*   Gas producers and large industrial users seeking pipeline access\n*   The Economic Regulation Authority (ERA) and other regulators\n*   Anyone involved in access disputes or rule-making requests\n\n**Why it matters:**\n\nThese regulations provide the detailed \"machinery\" that makes the National Gas Law work in practice. Without them, there would be no clear list of which pipelines are covered, no certainty about penalty amounts, and no procedure for resolving access disputes. The technical specifications in Schedule 2 are particularly important—they determine whether a gas processing plant is part of the regulated pipeline or not, which can significantly affect commercial arrangements and regulatory obligations."},"flash_summary":{"complexity_score":6,"scope_assessment":{"changed":true,"description":"The instrument’s scope has been altered by amendments recorded in the compilation table (SL 2021/17, SL 2024/185, SL 2025/17). Notable changes include insertion of the tiering mechanism for civil penalties (reg 6 and Schedule 3), addition of penalty indexation (reg 13A), amendments to conduct provisions (Schedule 4), and deletion of a former provision (r.12). These amendments clarify and expand penalty, indexing and conduct treatment compared with earlier versions."},"complexity_factors":["Cross‑references to the National Gas Law (NGL) and National Gas Rules throughout, requiring reading multiple instruments to understand obligations (regs 3, 6, 7).","Tiered civil penalty structure with three tiers and long Schedule mapping specific NGL sections and Rules to tiers (reg 6; Schedule 3).","Statutory indexation formula for civil and criminal penalty amounts with rounding rules and fallback indexing (reg 13A).","Detailed technical definitions of prescribed gas processing plants and precise exit flanges/connection points (reg 5; Schedule 2), which require engineering/plan reference checks.","Designated pipelines list and treatment of extensions/expansions with state‑specific entries (reg 4; Schedule 1).","Procedural rules for summons service, duration and proof, and power for dispute body to charge and apportion costs (regs 8–9).","Fees schedule with exemptions and multiple application types (reg 14; Schedule 5).","Transitional arrangements preserving functions and historical funding provisions for the Gas Review Board (reg 15), adding temporal complexity.","Multiple recent amendments (2021, 2024, 2025) requiring attention to the compilation table to know current text and scope."],"plain_english_summary":"These regulations give practical effect to Part 3 of the National Gas Access (WA) Act by prescribing which pipelines and processing‑plant exit points are covered, identifying National Gas Law provisions treated as civil‑penalty or conduct provisions, setting fees, and fixing rules for dispute‑resolution summonses and cost recovery. They affect pipeline owners, gas processors, users and the dispute body: owners face tiered penalties (with statutory indexation), some users pay application or dispute fees, and the dispute resolution body may apportion and recover costs."}},"importantCases":[],"_links":{"self":"/api/acts/national-gas-access-wa-part-3-regulations-2009","history":"/api/acts/national-gas-access-wa-part-3-regulations-2009/history","analysis":"/api/acts/national-gas-access-wa-part-3-regulations-2009/analysis","conflicts":"/api/acts/national-gas-access-wa-part-3-regulations-2009/conflicts","importantCases":"/api/acts/national-gas-access-wa-part-3-regulations-2009/important-cases","documents":"/api/acts/national-gas-access-wa-part-3-regulations-2009/documents"}}