National Gas Access (WA) Act 2009

Mechanically, the National Gas Access (WA) Act 2009 makes the National Gas Access (Western Australia) Law apply in Western Australia by adopting a modified text of the National Gas Law (the South Australian schedule as modified for WA) as a law of the State (s 7(1)-(2); Sch 1). The Act therefore: imports the national law framework for third‑party access to certain gas pipeline services into WA; preserves and adapts selected local provisions and transitional arrangements; and amends a range of WA statutes to align local regulatory institutions and dispute‑resolution arrangements with the adopted national regime (Part 7).

Key mechanical features in the Act text are:

Adoption and modification: the Western Australian National Gas Access Law text applies as a WA law (s 7(1)-(2)); Schedule 1 sets out specific modifications to the underlying National Gas Law (Sch 1).
Coverage and reach: the national law and associated regulations apply within WA including coastal waters (s 5(1)), to the full extent of the State’s extra‑territorial legislative power (s 6), and may extend to pipelines hauling gases other than natural gas where licensed under the Energy Coordination Act 1994 (s 6A).
Institutional mapping: dispute resolution and regulatory responsibilities are allocated between the Economic Regulation Authority (ERA) and the Western Australian Energy Disputes Arbitrator (WA arbitrator) depending on pipeline type; these definitions and roles are set in s 9 and modified in Sch 1 clauses (for example, Sch 1 cl 8 inserting s 68A).
Regulations and rule‑making: the Governor may make regulations necessary to give effect to the National Gas Access (WA) Law (Part 3; s 10). Regulations under Part 3 may prescribe fees (s 10(2)) and, unusually, some regulations under Part 3 may be made only on the unanimous recommendation of the Ministers of the participating jurisdictions (s 10(5)). The Governor may also make regulations consequentially amending Schedule 1 (s 7B).

CrestWestern Australia

Under the National Gas Access (WA) Act 2009 section 7(1), the National Gas Access (Western Australia) Law applies as a law of Western Australia.

The National Gas Access (Western Australia) Law is consolidated and published on the Western Australian legislation website.

Western Australia

National Gas Access (WA) Act 2009

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used in this Act 2
Crown bound 2
Application to coastal waters 3
Extra‑territorial operation 3

6A. Extension to certain pipelines for hauling gas other than natural gas 3

6B. Interpretation Act 1984 does not apply 4

Part 2 — National Gas Access (Western Australia) Law and its regulations

National Gas Access (Western Australia) Law 5

7A. Amendments to Schedule to South Australian Act 5

7B. Regulations amending Schedule 1 consequentially 6

National Gas Access (Western Australia) Regulations 6
Terms used in National Gas Access (Western Australia) Law and its regulations 6

Part 3 — Regulations for the National Gas Access (Western Australia) Law

Making regulations 9
Regulations may deal with transitional matters 10

Part 4 — Cross vesting of functions and powers

Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State 12
Conferral of powers on Ministers of other participating States and Territories to act in this State 12
Conferral of functions or powers on State bodies 12

Part 5 — General

Exemption from taxes 13
Actions in relation to cross boundary pipelines 13
Conferral of functions and powers on Commonwealth bodies 15

Part 6 — Other local provisions

Division 1 — Economic Regulation Authority

Expertise of Director of Energy Safety to be used 16

Division 2 — Miscellaneous

Preservation of certain contracts relating to privatised DBNGP system 16
Transitional provisions for Kalgoorlie to Kambalda pipeline 17
Regulations 17
Review of Act 18

Part 7 — Various Acts amended

Division 1 — Gas Pipelines Access (Western Australia) Act 1998

Act amended 20
Long title replaced 20
Preamble deleted 20
Section 1 amended 20
Sections 2 to 4 deleted 20
Section 5 amended 20
Sections 6 to 8 deleted 21
Parts 2 to 5 deleted 21
Part 6 heading replaced 21

Part 6 — Review board and arbitrator

Part 6 Division 1 deleted 21
Part 6 Division 2 heading replaced 21

Division 2 — Review board

Section 49 amended 21
Part 6 Division 2 Subdivision 2 heading replaced 21

Subdivision 2 — Western Australian Electricity Review Board established

Section 50 amended 22
Section 57 amended 22
Section 59 amended 22
Section 61 amended 22
Part 6 Division 3 Subdivision 2 heading amended 23
Section 62 amended 23
Section 73 amended 23
Section 74 amended 23
Section 76 amended 24
Section 77 amended 24
Section 81 amended 24
Section 82 amended 25
Section 87 deleted 25
Section 88 deleted 25
Parts 7 and 8 deleted 25
Schedules deleted 25

Division 2 — Economic Regulation Authority Act 2003

Act amended 25
Section 25 amended 26
Section 28 amended 26
Section 32 amended 27

Division 3 — Electricity Industry Act 2004

Act amended 27
Section 3 amended 27
Section 113 deleted 27
Section 125 amended 27
Section 130 amended 28
Section 133 amended 29

Division 4 — Energy Coordination Act 1994

Act amended 29
Section 11J deleted 29
Section 11M amended 29
Section 11V amended 29
Section 11ZAC amended 30
Schedule 1A amended 30

Division 5 — Other Acts amended

Constitution Acts Amendment Act 1899 amended 30
Financial Management Act 2006 amended 31
Freedom of Information Act 1992 amended 31
Parliamentary Commissioner Act 1971 amended 31
Petroleum Pipelines Act 1969 amended 32

Schedule 1 — Some modifications to National Gas Law as in Schedule to South Australian Act

Purpose of this Schedule 33
Section 1 modified 33
Section 2 modified 33
Sections 2A and 2B inserted 35

2A. Meaning of AER modified 35

2B. References to WA application Act 35

Chapter 1 Part 1A inserted 36

Part 1A — Postponement of Natural Gas Services Bulletin Board provisions

20A. Minister may fix day on which provisions apply 36

5A. Section 23A modified 36

Section 29 modified 36
Section 30 modified 36

7A. Section 30R deleted 37

7B. Section 42 modified 37

Chapter 2 Part 1A inserted 38

Part 1A — Functions and powers of WA arbitrator

68A. Manner in which WA arbitrator must perform or exercise certain functions or powers 38

Section 181A inserted 39

181A. Providing information for certain disputes 39

Section 231 modified 40
Section 240 modified 40
Section 290 modified 40
Section 294 replaced 41
Initial National Gas Rules for WA 41

13A. Section 294FC modified 41

Schedule 1 modified 42
Schedule 2 clause 27A inserted 42

27A. WA modifications of clause 27 42

Schedule 2 clause 34 modified 43

16A. Schedule 2 clause 47A modified 44

16B. Schedule 2 clause 47B modified 44

Schedule 2 clause 50 replaced 44
Attempts and incitement 44

17A. Schedule 2 clause 51 modified 44

Schedule 3 modified 45

Notes

Compilation table 50

Defined terms

Western Australia

National Gas Access (WA) Act 2009

An Act to establish a framework to enable third parties to gain access to certain gas pipeline services, to amend the Gas Pipelines Access (Western Australia) Act 1998 and various other Acts, and for other purposes.

Part 1 — Preliminary

1. Short title

This is the National Gas Access (WA) Act 2009.

2. Commencement

This Act comes into operation as follows —

(a) sections 1 and 2 — on the day on which this Act receives the Royal Assent;

(b) the rest of the Act — on a day fixed by proclamation, and different days may be fixed for different provisions.

3. Terms used in this Act

(1) In this Act —

National Gas Access (Western Australia) Law means the provisions applying because of section 7;

National Gas Access (Western Australia) Regulations means the provisions applying because of section 8;

South Australian Act means the National Gas (South Australia) Act 2008 of South Australia as amended from time to time.

(2) Words and expressions used in the National Gas Access (Western Australia) Law (whether or not defined in section 9(1)) and in this Act have the same respective meanings in this Act as they have in that Law.

(3) This section does not apply to the extent that the context or subject matter otherwise indicates or requires.

4. Crown bound

This Act, the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations bind the Crown in right of the State and, so far as the legislative power of the Parliament permits, the Crown in all its other capacities.

5. Application to coastal waters

(1) This Act, the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations apply in the coastal waters of this State as if the coastal waters were within the limits of the State.

(2) In this section —

adjacent area in respect of the State means the adjacent area of this jurisdiction under the National Gas Access (Western Australia) Law (as defined in section 9(1) of this Act);

coastal waters, in relation to this State, means any sea that is on the landward side of the adjacent area in respect of the State but is not within the limits of the State.

6. Extra‑territorial operation

It is the intention of the Parliament that this Act, the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations should, so far as possible, operate to the full extent of the extra‑territorial legislative power of the State.

6A. Extension to certain pipelines for hauling gas other than natural gas

(1) The National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations apply to a pipeline for hauling gas other than natural gas if the pipeline constitutes or is part of a system for which a licence is in force under Part 2A of the Energy Coordination Act 1994.

(2) Subsection (1) has effect —

(a) despite the provisions of the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations; and

(b) as if, for the purposes of that subsection, a reference in that Law and those Regulations to natural gas were amended to include a reference to gas other than natural gas.

(3) In this section —

gas other than natural gas means substances which —

(a) are in a gaseous state at standard temperature and pressure; and

(b) consist of —

(i) naturally occurring hydrocarbons; or

(ii) a naturally occurring or manufactured mixture of hydrocarbons and non‑hydrocarbons, the principal constituent of which is propane, propene, butanes, butenes or a mixture of all or any of those substances or kinds of substances.

6B. Interpretation Act 1984 does not apply

(1) The Interpretation Act 1984 does not apply to the National Gas Access (Western Australia) Law, to regulations under Part 3, or to Rules under the National Gas Access (Western Australia) Law.

(2) Despite subsection (1), section 25 of the Interpretation Act 1984 applies to the making of regulations under Part 3.

Part 2 — National Gas Access (Western Australia) Law and its regulations

7. National Gas Access (Western Australia) Law

(1) The Western Australian National Gas Access Law text —

(a) applies as a law of Western Australia; and

(b) as so applying may be referred to as the National Gas Access (Western Australia) Law.

(2) In subsection (1) —

Western Australian National Gas Access Law text means the text that results from modifying the National Gas Law, as set out in the South Australian Act Schedule for the time being in force, to give effect to section 7A(3) and (4) and Schedule 1.

7A. Amendments to Schedule to South Australian Act

(1) This section applies if, after the day on which the South Australian Act receives the Royal Assent, the Parliament of South Australia enacts a provision to make an amendment to the Schedule to the South Australian Act as in force from time to time (an SA Schedule amendment).

(2) The Minister may by order declare that an SA Schedule amendment is relevant to the Western Australian National Gas Access Law text.

(3) If the Minister has not declared that an SA Schedule amendment is relevant, the Western Australian National Gas Access Law text remains as if the amendment had not been made.

(4) If the Minister has declared that an SA Schedule amendment is relevant, the Western Australian National Gas Access Law text remains, until the beginning of the day fixed by subsection (5), as if the amendment had not been made.

(5) The day fixed is the day on which the order is published in the Government Gazette unless a later day is specified in the order, in which case it is the day specified.

(6) Subsection (4) does not give an SA Schedule amendment any earlier effect in this State than it has in South Australia.

7B. Regulations amending Schedule 1 consequentially

The Governor may make regulations under this section amending Schedule 1 as is necessary or expedient to deal with consequences of —

(a) an SA Schedule amendment; or

(b) giving effect to section 7A(3) or (4).

8. National Gas Access (Western Australia) Regulations

The regulations in force for the time being under Part 3 —

(a) apply as regulations in force for the purposes of the National Gas Access (Western Australia) Law; and

(b) as so applying may be referred to as the National Gas Access (Western Australia) Regulations.

9. Terms used in National Gas Access (Western Australia) Law and its regulations

(1) In the National Gas Access (Western Australia) Law and the National Gas Access (Western Australia) Regulations —

adjacent area of another participating jurisdiction means the offshore area of a State other than this State or of the Northern Territory within the meaning given in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;

adjacent area of this jurisdiction means the offshore area of the State within the meaning given in section 7 of the Offshore Petroleum and Greenhouse Gas Storage Act 2006 of the Commonwealth;

Court means the Supreme Court of Western Australia;

designated Minister means the Minister to whom the administration of this Act has been committed;

dispute resolution body means —

(a) in relation to an ERA pipeline, the WA arbitrator;

(b) in relation to any other pipeline, the Australian Energy Regulator established by section 44AE of the Trade Practices Act 1974 of the Commonwealth;

ERA pipeline means a pipeline other than —

(a) an international pipeline; or

(b) any other pipeline for which section 2 of the National Gas Access (Western Australia) Law defines the “relevant Minister” to mean a person other than the Minister responsible for the administration of this Act;

Legislature of this jurisdiction means the Parliament of Western Australia;

National Gas Law or this Law means the National Gas Access (Western Australia) Law;

regulator means —

(a) in relation to an ERA pipeline, the ERA;

(b) in relation to any other pipeline, the Australian Energy Regulator established by section 44AE of the Trade Practices Act 1974 of the Commonwealth;

this jurisdiction means the State of Western Australia;

WA arbitrator means the Western Australian Energy Disputes Arbitrator under Part 6 Division 3 of the Energy Arbitration and Review Act 1998.

(2) A pipeline that is an offshore Western Australian pipeline as defined in section 3(1) of the Australian Energy Market Act 2004 of the Commonwealth is to be regarded as being situated wholly within Western Australia for the purpose of determining who is the relevant Minister under the National Gas Access (Western Australia) Law.

(3) The Acts Interpretation Act 1915, and other Acts, of South Australia do not apply to the National Gas Law as set out in the Schedule to the South Australian Act in its application, with modifications, as a law of Western Australia.

[Section 9 amended: No. 42 of 2010 s. 184.]

Part 3 — Regulations for the National Gas Access (Western Australia) Law

10. Making regulations

(1) The Governor, acting with the advice and consent of the Executive Council, may make regulations contemplated by, or necessary or expedient for giving effect to, the National Gas Access (Western Australia) Law.

(2) Without limiting subsection (1), the regulations may prescribe fees in respect of any matter under the National Gas Access (Western Australia) Law, and provide for the waiver or refund of such fees.

(3) Regulations under this Part may —

(a) be of general or limited application;

(b) vary according to the persons, times, places or circumstances to which they are expressed to apply;

(c) in relation to fees, prescribe differential fees or provide for fees to be determined according to prescribed factors.

(4) Once the Governor has made a regulation prescribing 1 or more pipelines to be designated pipelines for the purposes of the definition of designated pipeline in section 2 of the National Gas Access (Western Australia) Law, the Governor cannot make another regulation that prescribes any other pipeline to be a designated pipeline.

(5) Regulations under this Part may be made only on the unanimous recommendation of the Ministers of the participating jurisdictions.

(6) Regulations under this Part have to be published in the Government Gazette.

11. Regulations may deal with transitional matters

(1) Without limiting the generality of section 10, the regulations may deal with matters of a transitional nature relating to the transition from the application of provisions of the Gas Pipelines Access Law to the application of provisions of the National Gas Access (Western Australia) Law.

(2) Any provision of the regulations that deals with a matter of a transitional nature under subsection (1) may be expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are made, not being a time earlier than the commencement of this section.

(3) If a provision of the regulations is expressed to take effect from a time that is earlier than the beginning of the day on which the regulations containing the provision are published in the Government Gazette, the provision must also provide that the provision does not operate so as —

(a) to prejudicially affect the rights of a person (other than the rights of a Minister of a participating jurisdiction or an entity involved in the administration of the Gas Pipelines Access Law or the National Gas Access (Western Australia) Law) existing before the day of publication of those regulations; or

(b) to impose liabilities on any person (other than liabilities imposed on a Minister of a participating jurisdiction or an entity involved in the administration of the Gas Pipelines Access Law or the National Gas Access (Western Australia) Law) in respect of anything done or omitted to be done before the day of publication of those regulations.

(4) In this section —

Gas Pipelines Access Law has the meaning that the term had under section 3(1) of the Gas Pipelines Access (Western Australia) Act 1998 before the commencement of this section;

matters of a transitional nature includes matters of an application or savings nature;

National Gas Access (Western Australia) Law means the provisions applying from time to time because of section 7, and it includes Rules made and in force under those provisions from time to time.

Part 4 — Cross vesting of functions and powers

12. Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State

(1) The Commonwealth Minister and the Commonwealth bodies have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the national gas legislation of another participating jurisdiction.

(2) In subsection (1) —

Commonwealth bodies means any of the following:

(a) the AER;

(b) the NCC;

13. Conferral of powers on Ministers of other participating States and Territories to act in this State

The Minister of another participating jurisdiction has power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on the Minister by the national gas legislation of another participating jurisdiction.

14. Conferral of functions or powers on State bodies

If the national gas legislation of another participating jurisdiction confers a function or power on the Minister or another agency or instrumentality of this State constituted by a law of this State, the Minister or the other agency or instrumentality —

(a) may perform that function or exercise that power; and

(b) may do all things necessary or expedient to be done in connection with the performance or exercise of that function or power.

Part 5 — General

15. Exemption from taxes

(1) Any duty or other tax imposed by or under a law of this State is not payable in relation to —

(a) an exempt matter; or

(b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter.

(2) In this section —

exempt matter means a transfer of assets or liabilities —

(a) that is made for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas or processable gas in breach of any ring fencing requirements of any national gas legislation or for the purpose of the separation of certain businesses or business activities from other businesses or business activities of a person as required by an AER ring fencing determination; and

(b) that the Minister and the Treasurer declare from time to time, by order notice of which is published in the Government Gazette, to be an exempt matter for the purposes of this section.

16. Actions in relation to cross boundary pipelines

(1) If a pipeline is a cross boundary pipeline, any action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated —

(a) by, or in relation to, a relevant Minister; or

(b) by the Court within the meaning that term has in that legislation in relation to action taken by, or in relation to, a relevant Minister,

is taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated (that other legislation) —

(d) by the Court within the meaning that term has in that other legislation,

as the case requires.

(2) Despite subsection (1), no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.

(3) A reference in this section —

(a) to an action that is taken includes a reference to —

(i) a decision or determination that is made; or

(ii) an omission that is made;

(b) to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.

(4) In this section —

cross boundary pipeline means —

(a) a cross boundary transmission pipeline; or

(b) a cross boundary distribution pipeline.

17. Conferral of functions and powers on Commonwealth bodies

(1) Clause 2 of Schedule 2 to the National Gas Access (Western Australia) Law has effect in relation to the operation of any provision of this Act, or any regulation forming part of the National Gas Access (Western Australia) Regulations, as if the provision or regulation formed part of the National Gas Access (Western Australia) Law.

(2) Subsection (1) does not limit the effect that a provision or regulation would validly have apart from the subsection.

Part 6 — Other local provisions

Division 1 — Economic Regulation Authority

18. Expertise of Director of Energy Safety to be used

In performing its functions under this Act the ERA is to make appropriate use of the expertise of the Director of Energy Safety under the Energy Coordination Act 1994 in relation to safety or technical standards in the gas supply industry.

Division 2 — Miscellaneous

19. Preservation of certain contracts relating to privatised DBNGP system

(1) The national provisions do not affect the continuance or operation of an exempt contract.

(2) Despite the repeal of the Gas Pipelines Access (Western Australia) Act 1998 section 96, that section continues to apply to a contract other than an exempt contract as if the references in section 96(1) and (2)(b) to “the Code” were references to the relevant national provisions.

(3) In this section —

exempt contract —

(a) means a contract in respect of which a declaration under the Gas Corporation Act 1994 Schedule 5 clause 6 was in force immediately before the coming into operation of the Dampier to Bunbury Pipeline Act 1997 Schedule 4 clause 17(4); and

(b) includes a contract entered into —

(i) in substitution for a contract referred to in paragraph (a) or any provision of such a contract; or

(ii) by way of amendment of a contract referred to in paragraph (a) or subparagraph (i);

national provisions means the National Gas Access (Western Australia) Law, the Rules made under that Law, and the National Gas Access (Western Australia) Regulations;

relevant national provisions means any of the national provisions having the same purpose as a provision of the Gas Code, as defined in the National Gas Access (Western Australia) Law section 2.

20. Transitional provisions for Kalgoorlie to Kambalda pipeline

(1) This section applies to the pipeline to which licence PL27, granted under the Petroleum Pipelines Act 1969, applies.

(2) A service provider has a period of 6 months after the day on which section 30 comes into operation (the transitional period) within which to —

(a) submit to the ERA an access arrangement; or

(b) apply for a determination that the pipeline be no longer a covered pipeline; or

(3) Despite section 111(b) of the National Gas Access (Western Australia) Law, an application may be made in accordance with subsection (2)(c), even though there is no applicable access arrangement for the pipeline, and Chapter 3 Part 2 Division 1 Subdivision 1 of that Law applies to the application.

21. Regulations

(1) Without limiting the power to make regulations under Part 3, the Governor acting with the advice and consent of the Executive Council may make other regulations contemplated by, or necessary or expedient for giving effect to, this Act.

(2) Regulations under subsection (1) may make provision for and in relation to the imposition and payment of fees and charges in connection with the performance of functions the arbitrator has under this Act, to the extent that the costs connected with performing those functions are not covered by fees under the National Gas Access (Western Australia) Regulations.

(3) If it is inappropriate to prescribe a set fee or charge in connection with the performance of a particular function the regulations may provide for the method of calculating the fee or charge, including calculation according to the cost of performing that function.

(4) Despite the National Gas Access (Western Australia) Law or Rules made under that Law, regulations under subsection (1) may make provision for further matters to affect the setting of a reference tariff for a reference service provided by means of a distribution pipeline to the extent that the service is used for the supply of natural gas to an end user prescribed by the regulations to be a small use customer for the purposes of this subsection.

(5) Regulations under subsection (1) may prescribe a period ending not later than 31 December 2031 as a period during which the fixed principle referred to in clause 7.13(a)(ii) of the Revised Access Arrangement for the Dampier to Bunbury Natural Gas Pipeline dated 21 November 2006 applies despite anything in the National Gas Access (Western Australia) Law or Rules made under that Law, and during a period prescribed the fixed principle applies accordingly.

22. Review of Act

(1) The Minister is to cause a person, other than an officer of a department or body for which the Minister is responsible, to carry out a review of the operation and effectiveness of this Act as soon as is practicable after the review day described in subsection (2) and, in the course of that review, consideration is to be given, and regard is to be had, to —

(a) the effectiveness of the operations of the ERA and the WA arbitrator; and

(b) the need for the continuation of section 21(4) and (5); and

(2) The review day is 1 July 2013 unless, before that day a licence is granted under the Petroleum Pipelines Act 1969 for a pipeline that is to be partly in the jurisdictional area of this State and partly in the jurisdictional area of the Northern Territory or South Australia, in which case the review day is the day on which the licence is granted.

(3) The person carrying out the review is to prepare and give to the Minister a report based on the review within sufficient time to enable the Minister to comply with subsection (4).

(4) The Minister is to prepare a response to the report and, as soon as is practicable after the response is prepared, and in any event not more than 12 months after the review day described in subsection (2), cause the report and the response to be laid before each House of Parliament.

Part 7 — Various Acts amended

Division 1 — Gas Pipelines Access (Western Australia) Act 1998

23. Act amended

This Division amends the Gas Pipelines Access (Western Australia) Act 1998.

24. Long title replaced

Delete the long title and insert:

An Act to provide for a review board and for an official who may arbitrate certain disputes, and for related purposes.

25. Preamble deleted

Delete the preamble.

26. Section 1 amended

In section 1 delete “Gas Pipelines Access (Western Australia) Act 1998.” and insert:

	*Energy Arbitration and Review Act 1998.*

27. Sections 2 to 4 deleted

Delete sections 2 to 4.

28. Section 5 amended

In section 5 delete “bind” and all of the section before it and insert:

This Act binds

29. Sections 6 to 8 deleted

Delete sections 6 to 8.

30. Parts 2 to 5 deleted

Delete Parts 2 to 5.

31. Part 6 heading replaced

Delete the heading to Part 6 and insert:

Part 6 — Review board and arbitrator

32. Part 6 Division 1 deleted

Delete Part 6 Division 1.

33. Part 6 Division 2 heading replaced

Delete the heading to Part 6 Division 2 and insert:

Division 2 — Review board

34. Section 49 amended

In section 49 in the definition of Board delete “Western Australian Gas Review Board” and insert:

Western Australian Electricity Review Board

35. Part 6 Division 2 Subdivision 2 heading replaced

Delete the heading to Part 6 Division 2 Subdivision 2 and insert:

Subdivision 2 — Western Australian Electricity Review Board established

36. Section 50 amended

(1) In section 50(1) delete “Western Australian Gas Review Board” and insert:

Western Australian Electricity Review Board

(2) After section 50(1) insert:

(2A) The Board has functions under the Electricity Industry Act 2004.

37. Section 57 amended

In section 57(1) delete “the Gas Pipelines Access (Western Australia) Law and”.

38. Section 59 amended

In section 59(4) delete “Subject to the Gas Pipelines Access (Western Australia) Law, a party” and insert:

A party

39. Section 61 amended

In section 61 in the definition of arbitrator delete “Gas” and insert:

Energy

40. Part 6 Division 3 Subdivision 2 heading amended

In the heading to Part 6 Division 3 Subdivision 2 delete “Gas” and insert:

	**Energy**

41. Section 62 amended

In section 62(1) delete “Gas” and insert:

Energy

42. Section 73 amended

In section 73(1):

(a) delete paragraphs (a) and (c) and insert:

(a) by or under the National Gas Access (WA) Act 2009; or

(b) by or under the Electricity Industry Act 2004; or

(b) after paragraph (d) delete “and” and insert:

43. Section 74 amended

After section 74(2) insert:

(3) Regulations referred to in subsection (1) may make provision for and in relation to the imposition and payment of fees and charges in connection with the performance of functions the arbitrator has under those regulations.

(4) If it is inappropriate to prescribe a set fee or charge in connection with the performance of a particular function the regulations may provide for the method of calculating the fee or charge, including calculation according to the cost of performing that function.

44. Section 76 amended

In section 76:

(a) delete “under the Code” and insert:

in performing functions referred to in section 73(1)

(b) delete “local Regulator as defined in section 11.” and insert:

Economic Regulation Authority established by the Economic Regulation Authority Act 2003.

45. Section 77 amended

In section 77 delete “provided for by the Gas Pipelines Access (Western Australia) Law and the regulations” and insert:

involved in performing the arbitrator’s functions

46. Section 81 amended

In section 81 delete “under this Act”.

47. Section 82 amended

(1) In section 82(2) after “called” insert:

the “Western Australian Energy Disputes Arbitrator Account”, and it is to be a continuation of the account formerly called

(2) Delete section 82(3)(a)(ii) and insert:

(ii) fees and charges payable to the arbitrator or the Board in connection with the performance of the functions of the arbitrator or the Board;

48. Section 87 deleted

Delete section 87.

49. Section 88 deleted

Delete section 88.

50. Parts 7 and 8 deleted

Delete Parts 7 and 8.

51. Schedules deleted

Delete Schedule 1 and its Appendix and Schedules 2 and 3.

Division 2 — Economic Regulation Authority Act 2003

52. Act amended

This Division amends the Economic Regulation Authority Act 2003.

53. Section 25 amended

In section 25:

(a) delete paragraph (c) and insert:

(b) after each of paragraphs (a), (b) and (d) insert:

and

54. Section 28 amended

(1) In section 28(3)(b) delete “referred to in section 36(1) of the Gas Pipelines Access (Western Australia) Act 1998 or” and insert:

given by or under the National Gas Access (WA) Act 2009 or referred to in

(2) In section 28(5)(b) delete “Gas Pipelines Access (Western Australia) Act 1998, must send a copy of the direction to the Code Registrar within the meaning of that Act.” and insert:

	*National Gas Access (WA) Act 2009*, must send a copy of the direction to the Australian Energy Market Commission established by section 5 of the *Australian Energy Market Commission Establishment Act 2004* of South Australia.

55. Section 32 amended

In section 32(1) delete “Gas Pipelines Access (Western Australia) Law” and insert:

National Gas Access (Western Australia) Law

Division 3 — Electricity Industry Act 2004

56. Act amended

This Division amends the Electricity Industry Act 2004.

57. Section 3 amended

In section 3:

(a) in the definition of arbitrator delete “Gas Pipelines Access (Western Australia) Act 1998” and insert:

	*Energy Arbitration and Review Act 1998*

(b) in the definition of Board delete “Gas Pipelines Access (Western Australia) Act 1998” and insert:

	*Energy Arbitration and Review Act 1998*

58. Section 113 deleted

Delete section 113.

59. Section 125 amended

(1) Delete section 125(2)(b) and insert:

(b) make other provisions that it is necessary or convenient to make,

(2) After section 125(2) insert:

(3A) Regulations that, immediately before the day on which the National Gas Access (WA) Act 2009 section 59(1) comes into operation, apply provisions of the Gas Pipelines Access (Western Australia) Act 1998 continue to have the effect they had immediately before that day until the contrary intention appears from a regulation made after that day.

60. Section 130 amended

(1) In section 130(1) in the definition of gas pipelines access provisions delete “Schedule 1.” and insert:

Schedule 1 as in force immediately before the day on which the National Gas Access (WA) Act 2009 section 51 deleted it.

(2) In section 130(8) delete “Gas Pipelines Access (Western Australia)” and insert:

	*Energy Arbitration and Review*

(3) Delete section 130(9) and insert:

(9) For proceedings to which subsection (8) extends the provisions described in that subsection, sections 57(1) and 59(4) of those provisions apply only to the extent that it is consistent with the Code for them to apply.

61. Section 133 amended

In section 133(1) before “in connection with” insert:

in relation to the imposition and payment of fees and charges in connection with any matter under this Act, including

Division 4 — Energy Coordination Act 1994

62. Act amended

This Division amends the Energy Coordination Act 1994.

63. Section 11J deleted

Delete section 11J.

64. Section 11M amended

In section 11M(5) delete paragraph (a) and “or” after it and insert:

(a) the National Gas Access (Western Australia) Law; or

65. Section 11V amended

Delete section 11V(2) and insert:

(2) A licence does not have effect to the extent that it would be inconsistent with the National Gas Access (Western Australia) Law.

66. Section 11ZAC amended

Delete section 11ZAC(4)(b) and insert:

(b) an access arrangement under the National Gas Access (Western Australia) Law.

67. Schedule 1A amended

In Schedule 1A in paragraph (a) delete “Gas Pipelines Access (Western Australia) Law;” and insert:

National Gas Access (Western Australia) Law;

Division 5 — Other Acts amended

68. Constitution Acts Amendment Act 1899 amended

(1) This section amends the Constitution Acts Amendment Act 1899.

(2) In Schedule V Part 1 Division 1 in the item for the Western Australian Gas Disputes Arbitrator:

(a) delete “Gas Disputes” and insert:

Energy Disputes

(b) delete “Gas Pipelines Access (Western Australia)” and insert:

	*Energy Arbitration and Review*

69. Financial Management Act 2006 amended

(1) This section amends the Financial Management Act 2006.

(2) In Schedule 1 in the item “Western Australian Gas Disputes Arbitrator” delete “Gas” and insert:

Energy

70. Freedom of Information Act 1992 amended

(1) This section amends the Freedom of Information Act 1992.

(2) Delete the Glossary clause 7A(1) and insert:

(1) In this clause —

access regulation functions means the functions given by or under the National Gas Access (WA) Act 2009;

arbitrator has the meaning given in section 61 of the Energy Arbitration and Review Act 1998;

Authority means the Economic Regulation Authority established by the Economic Regulation Authority Act 2003;

Board has the meaning given in section 49 of the Energy Arbitration and Review Act 1998.

71. Parliamentary Commissioner Act 1971 amended

(1) This section amends the Parliamentary Commissioner Act 1971.

(2) In Schedule 1 in the item for the Economic Regulation Authority delete “referred to in section 36(1) of the Gas Pipelines Access (Western Australia) Act 1998 and” and insert:

given by or under the National Gas Access (WA) Act 2009 or referred to in

72. Petroleum Pipelines Act 1969 amended

(1) This section amends the Petroleum Pipelines Act 1969.

(2) Delete section 5A.

Schedule 1 — Some modifications to National Gas Law as in Schedule to South Australian Act

[s. 7(2)]

Purpose of this Schedule

(1) This Schedule makes the modifications to the underlying National Gas Law that, together with modifications giving effect to section 7A(3) and (4), result in the text that section 7(1) applies as the National Gas Access (Western Australia) Law.

(2) In subclause (1) —

underlying National Gas Law means the National Gas Law, as set out in the South Australian Act Schedule for the time being in force.

Section 1 modified

In section 1 after “National Gas” insert —

Access

Section 2 modified

(1) In section 2 delete the definitions of dispute resolution body, initial National Gas Rules, old access law and Regulations.

(2) In section 2 insert in alphabetical order:

dispute resolution body has the meaning given to that term in section 9(1) of the National Gas Access (WA) Act 2009;

initial National Gas Rules means —

(a) the National Gas Rules that, when the National Gas Access (WA) Act 2009 section 30 came into operation, applied under section 294; and

(b) the National Gas Access (Pipelines-Arbitration Amendment) Rules 2017 made by the Minister for Mineral Resources and Energy of South Australia under the National Gas (South Australia) Law section 294F (notice of which was published in the Government Gazette of South Australia on 1 August 2017 at p. 2994); and

(c) the National Gas (Binding Rate of Return Instrument) Amendment Rule 2019 made by the Minister for Energy and Mining of South Australia under the National Gas (South Australia) Law section 294CA (notice of which was published in the Government Gazette of South Australia on 7 February 2019 at p. 404);

old access law means Schedule 1 to the Gas Pipelines Access (Western Australia) Act 1998 as in force from time to time before the commencement of section 30 of the National Gas Access (WA) Act 2009;

Regulations means the regulations made under Part 3 of the National Gas Access (WA) Act 2009 that apply as a law of this jurisdiction;

regulator has the meaning given to that term in section 9(1) of the National Gas Access (WA) Act 2009;

WA arbitrator has the meaning given to that term in section 9(1) of the National Gas Access (WA) Act 2009.

(3) In section 2 in the definition of AER after “Commonwealth” insert:

except if section 2A requires the term to be given a different meaning

(4) In section 2 in the definition of Gas Code delete “in force from time to time before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia;” and insert:

amended and applying from time to time before the commencement of section 30 of the National Gas Access (WA) Act 2009 as a law of Western Australia;

[(5) deleted]

[Clause 3 amended: Gazette 22 Dec 2017 p. 5985; 5 Apr 2019 p. 1009.]

Sections 2A and 2B inserted

After section 2 insert:

2A. Meaning of AER modified

(1) In this Law, other than in the definition of AER in section 2, a reference to the AER is to be read as a reference to the regulator (whether the ERA or the AER) except to the extent that subsection (2) gives a different meaning.

(2) To the extent to which a reference to the AER is capable of being read as a reference to the Australian Energy Regulator established by section 44AE of the Trade Practices Act 1974 of the Commonwealth acting as the disputes resolution body, the term is to be read as having or including that meaning.

2B. References to WA application Act

In this Law, a reference to the National Gas Access (Western Australia) Act 2008, if any, is to be read as a reference to the National Gas Access (WA) Act 2009.

Chapter 1 Part 1A inserted

After Chapter 1 Part 1 insert:

Part 1A — Postponement of Natural Gas Services Bulletin Board provisions

20A. Minister may fix day on which provisions apply

To the extent that a provision of this Law relates to the Natural Gas Services Bulletin Board, the provision does not apply before a day is fixed by the Minister, by an order notice of which is published in the Government Gazette, as the day on and after which provisions of this Law relating to the Natural Gas Services Bulletin Board apply.

5A. Section 23A modified

In section 23A delete “Without limiting Part 3 of the National Gas (South Australia) Act 2008 of South Australia,” and insert:

Without limiting the National Gas Access (WA) Act 2009 Part 3,

[Clause 5A inserted: SL 2024/5 r. 4.]

Section 29 modified

In section 29 after “Commonwealth” insert:

or by the ERA under section 29 of the Economic Regulation Authority Act 2003

Section 30 modified

(1) In section 30 delete “Section 44AAF” and insert:

(1) Section 44AAF

(2) At the end of section 30 insert:

(2) Without limiting section 2A, that section also applies to section 44AAF as adopted by subsection (1) and, when the adopted section is read as if a reference in it to the AER were a reference to the ERA, it is further modified as follows:

(a) delete subsection (3)(c) of the adopted section and insert:

(b) delete subsection (6)(a)(i) of the adopted section and insert:

(i) an ERA member, a person assisting the ERA in the performance of its functions or a delegate of the ERA;

7A. Section 30R deleted

Delete section 30R.

[Clause 7A inserted: Gazette 5 Apr 2019 p. 1010.]

7B. Section 42 modified

(1) After section 42(2) insert:

(2A) When subsection (2)(c) is read as if a reference in it to the AER were a reference to the ERA, the subsection is to be read as if “a member of the staff assisting the AER who is an SES employee or an acting SES employee and” had been deleted and the following had been inserted instead:

a staff member as defined in the Economic Regulation Authority Act 2003 section 3

(2) After section 42(11) insert:

(11A) When subsection (11) is read as if a reference in it to the AER were a reference to the ERA, the subsection is to be read as if “on behalf of the Commonwealth” had been deleted.

[Clause 7B inserted: SL 2024/186 r. 4.]

Chapter 2 Part 1A inserted

After Chapter 2 Part 1 insert:

Part 1A — Functions and powers of WA arbitrator

68A. Manner in which WA arbitrator must perform or exercise certain functions or powers

(1) The WA arbitrator must, in performing or exercising a function or power that relates to an access determination, perform or exercise that function or power in a manner that will or is likely to contribute to the achievement of the national gas objective.

(2) In addition, the WA arbitrator —

(a) must take into account the revenue and pricing principles when making an access determination relating to a rate or charge for a pipeline service; and

(b) may take into account the revenue and pricing principles when performing or exercising any other function or power that relates to an access determination, if the WA arbitrator considers it appropriate to do so.

(3) For the purposes of subsection (2)(a), a reference to a reference service in the revenue and pricing principles must be read as a reference to a pipeline service.

Section 181A inserted

After section 181 insert:

181A. Providing information for certain disputes

(1) If the dispute resolution body for a dispute notified under section 181(1) is the WA arbitrator —

(a) the WA arbitrator is to inform the ERA that notification of the dispute has been received; and

(b) the WA arbitrator may request the ERA to give the WA arbitrator any information in the ERA’s possession that is relevant to the dispute.

(2) The ERA is to give the WA arbitrator the information requested, whether or not it is confidential and whether or not it came into the ERA’s possession for the purposes of resolving the dispute.

(3) If the ERA gives the WA arbitrator information that is confidential, the ERA is to identify the nature and extent of the confidentiality and the WA arbitrator is to treat the information accordingly.

Section 231 modified

(1) After section 231(1) insert:

(1A) When subsection (1) is read as if a reference in it to the AER were a reference to the ERA, the subsection is to be read as if “on behalf of the Commonwealth” had been deleted.

(2) After section 231(3) insert:

(3A) When subsection (3) is read as if a reference in it to the AER were a reference to the ERA, the subsection is to be read as if “on behalf of the Commonwealth” had been deleted.

Section 240 modified

In section 240 delete “Commonwealth.” and insert:

State of Western Australia except if the order is made on an application by the AER on behalf of the Commonwealth, in which case it is payable to the Commonwealth.

Section 290 modified

In section 290 in the definition of publish paragraph (a) delete “section 294 or 315” and insert:

section 315

Section 294 replaced

Delete section 294 and insert:

Initial National Gas Rules for WA

(1) The National Gas Rules that apply upon section 30 of the National Gas Access (WA) Act 2009 coming into operation are as set out in the document called the National Gas Rules 2008, signed on 1 July 2008 by the Minister for Energy of South Australia, as affected, if applicable, by any amendments made by the AEMC under national gas legislation before the coming into operation of that section.

(2) Subsection (1) does not prevent the AEMC from making Rules under this Chapter that amend or revoke the rules referred to in it.

[Clause 13 amended: Gazette 22 Dec 2017 p. 5986.]

13A. Section 294FC modified

(1) In section 294FC(1):

(a) delete “this section—” and insert:

the National Gas (South Australia) Law (South Australia) section 294FC —

(b) in paragraph (c) delete “of the enactment of the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 of South Australia.” and insert:

of —

(i) the enactment of the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 (South Australia); or

(ii) the amendment of this Law by virtue of the National Gas Access (WA) Adoption of Amendments Order (No. 2) 2024 clause 3 (the adopting clause).

(2) In section 294FC(8) insert in alphabetical order:

South Australian Minister means the Minister in right of the Crown of South Australia administering the National Gas (South Australia) Act 2008 (South Australia) Part 2.

(3) In section 294FC(8) in the definition of amended objective delete “commencement of this section.” and insert:

coming into operation of the adopting clause;

[Clause 13A inserted: SL 2024/5 r. 5.]

Schedule 1 modified

In Schedule 1 item 82 delete “section 20 of the National Gas (South Australia) Act 2008 of South Australia.” and insert:

section 30 of the National Gas Access (WA) Act 2009 of Western Australia.

Schedule 2 clause 27A inserted

After Schedule 2 clause 27 insert:

27A. WA modifications of clause 27

Clause 27 applies to a conferral of power by this Law to the extent that the power derives from an amendment to the Schedule to the National Gas (South Australia) Act 2008 of South Australia —

(a) as if references in clause 27(2), (5) and (6) to the commencement of the empowering provision referred to the time when the Western Australian National Gas Access Law text, as defined in section 7(2) of the National Gas Access (WA) Act 2009, is affected by the amendment; and

(b) as if the reference in clause 27(3) to additional power that would be conferred had an Act of South Australia commenced referred to additional power that would be conferred had the Western Australian National Gas Access Law text been already affected by the amendment; and

Schedule 2 clause 34 modified

(1) In Schedule 2 clause 34 delete “In any proceedings” and insert:

(1) In any proceedings

(2) At the end of Schedule 2 clause 34 insert:

(2) When subclause (1) is read as if a reference in it to the AER were a reference to the ERA, the subclause is to be read as if “an AER member, or an SES employee or acting SES employee assisting the AER as mentioned in section 44AAC of the Trade Practices Act 1974 of the Commonwealth” had been deleted and the following had been inserted instead:

a member of the ERA

16A. Schedule 2 clause 47A modified

In Schedule 2 clause 47A(2) delete “1 July 2023.” and insert:

the day on which the National Gas Access (WA) Adoption of Amendments Order 2024 clause 3 comes into operation.

[Clause 16A inserted: SL 2024/186 r. 5.]

16B. Schedule 2 clause 47B modified

In Schedule 2 clause 47B(2) delete “1 July 2023.” and insert:

the day on which the National Gas Access (WA) Adoption of Amendments Order 2024 clause 3 comes into operation.

[Clause 16B inserted: SL 2024/186 r. 5.]

Schedule 2 clause 50 replaced

Delete Schedule 2 clause 50 and insert:

Attempts and incitement

Section 555A(1) and (2) of The Criminal Code apply in relation to a simple offence under this Law as if it were a simple offence under The Criminal Code.

17A. Schedule 2 clause 51 modified

In Schedule 2 clause 51(3) delete the definition of statutory instrument and insert:

statutory instrument includes the Regulations, the rate of return instrument or the Rules.

[Clause 17A inserted: Gazette 5 Apr 2019 p. 1010.]

Schedule 3 modified

(1) In Schedule 3 clause 1 in the definition of commencement day delete “section 20 of the new application Act” and insert:

section 30 of the National Gas Access (WA) Act 2009

(2) In Schedule 3 clause 45(3)(b) delete “Gas Pipelines Access (South Australia) Regulations 1999 were not revoked*.*” and insert:

	*Gas Pipelines Access (Western Australia) Regulations 2000* were not repealed.

(2A) In Schedule 3 clause 90:

(a) delete “section 26 of the Statutes Amendment (National Energy Laws) (Rules) Act 2018” and insert:

virtue of the National Gas Access (WA) Adoption of Amendments Order 2020 clause 3 (the adopting clause)

(b) in paragraph (a) delete “commencement of this clause; or” and insert:

coming into operation of the adopting clause; or

coming into operation of the adopting clause,

(3) In Schedule 3 clause 95 insert in alphabetical order:

commencement means the coming into operation of the National Gas Access (WA) Adoption of Amendments Order 2019 clause 3;

(4) In Schedule 3 clause 96(1)(a) delete “commencement of this clause;” and insert:

commencement;

(5) In Schedule 3 clause 97(1) delete “commencement of this clause—” and insert:

commencement—

(6) In Schedule 3 clause 98(3) delete the definitions of amended Law and commencement and insert:

amended Law means this Law as amended and modified by virtue of the National Gas Access (WA) Adoption of Amendments Order 2019 and the National Gas Access (WA) (Act Amendment) Regulations 2019.

(6A) In Schedule 3 clause 99 delete the definition of Amendment Act.

(6B) In Schedule 3 clause 99 insert in alphabetical order:

adopting clause means the National Gas Access (WA) Adoption of Amendments Order 2025 clause 3;

(6C) In Schedule 3 clause 99 in the definition of commencement day delete “section 33 of the Amendment Act” and insert:

the adopting clause

(6D) In Schedule 3 clause 100(1) delete “section 33 of the Amendment Act).” and insert:

virtue of the adopting clause).

(6E) In Schedule 3 clause 101(1) delete “section 33 of the Amendment Act” and insert:

virtue of the adopting clause

(6F) In Schedule 3 clause 102:

(a) in subclause (1) delete “section 33 of the Amendment Act” and insert:

virtue of the adopting clause

(b) in subclause (2) delete “section 33 of the Amendment Act).” and insert:

virtue of the adopting clause).

(6G) In Schedule 3 clause 103 delete “section 33 of the Amendment Act” and insert:

virtue of the adopting clause

(7) In Schedule 3 clause 133 delete the definition of amending Act.

(8) In Schedule 3 clause 133 insert in alphabetical order:

adopting clause means the National Gas Access (WA) Adoption of Amendments Order (No. 2) 2024 clause 3;

(9) In Schedule 3 clause 133 in the definition of amended objective delete “commencement of this clause;” and insert:

coming into operation of the adopting clause;

(10) In Schedule 3 clause 134:

(a) in subclause (2) delete “Despite section 14 of the amending Act—” and insert:

Despite the coming into operation of the adopting clause —

(b) in subclause (2)(a) delete “that section” and insert:

the adopting clause

coming into operation of the adopting clause; and

(d) in subclause (3)(a) delete “commencement of this clause” and insert:

coming into operation of the adopting clause

(11) In Schedule 3 clause 135(2) delete “commencement of this clause,” and insert:

coming into operation of the adopting clause,

(12) In Schedule 3 clause 136(1) and (2) delete “commencement of this clause,” and insert:

coming into operation of the adopting clause,

(13) In Schedule 3 clause 138(1) and (2) delete “commencement of this clause—” and insert:

coming into operation of the adopting clause —

[Clause 18 amended: Gazette 5 Apr 2019 p. 1010; SL 2020/194 r. 4; SL 2024/5 r. 6; SL 2025/19 r. 4.]

dline

Notes

This is a compilation of the National Gas Access (WA) Act 2009 and includes amendments made by other written laws. For provisions that have come into operation see the compilation table.

Compilation table

Short title	Number and year	Assent	Commencement
National Gas Access (WA) Act 2009	16 of 2009	1 Sep 2009	s. 1 and 2: 1 Sep 2009 (see s. 2(a)); Act other than s. 1 and 2: 1 Jan 2010 (see s. 2(b) and Gazette 31 Dec 2009 p. 5327)
Petroleum and Energy Legislation Amendment Act 2010 s. 184	42 of 2010	28 Oct 2010	25 May 2011 (see s. 2(b) Gazette 24 May 2011 p. 1892)
National Gas Access (WA) (Act Amendment) Regulations 2017 published in Gazette 22 Dec 2017 p. 5985‑6			r. 1 and 2: 22 Dec 2017 (see r. 2(a)); Regulations other than r. 1 and 2: 23 Dec 2017 (see r. 2(b) and Gazette 22 Dec 2017 p. 5984)
National Gas Access (WA) (Act Amendment) Regulations 2019 published in Gazette 5 Apr 2019 p. 1009‑10			r. 1 and 2: 5 Apr 2019 (see r. 2(a)); Regulations other than r. 1 and 2: 6 Apr 2019 (see r. 2(b) and Gazette 5 Apr 2019 p. 1007)
National Gas Access (WA) (Act Amendment) Regulations 2020 (SL 2020/194)			r. 1 and 2: 9 Oct 2020 (see r. 2(a)); Regulations other than r. 1 and 2: 10 Oct 2020 (see r. 2(b) and SL 2020/195 cl. 2(b))
National Gas Access (WA) (Act Amendment) Regulations (No. 2) 2024 (SL 2024/5)			r. 1 and 2: 24 Jan 2024 (see r. 2(a)); Regulations other than r. 1 and 2: 25 Jan 2024 (see r. 2(b) and Gazette 24 Jan 2024 p. 91‑2)
National Gas Access (WA) (Act Amendment) Regulations 2024 (SL 2024/186)			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)
National Gas Access (WA) (Act Amendment) Regulations 2025 (SL 2025/19)			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. 63‑4)

Defined terms

[This is a list of terms defined and the provisions where they are defined. The list is not part of the law.]

Defined term Provision(s)

adjacent area in respect of the State 5(2)

adjacent area of another participating jurisdiction 9(1)

adjacent area of this jurisdiction 9(1)

adopting clause Sch. 1 cl. 18(2A)

coastal waters 5(2)

Commonwealth bodies 12(2)

Court 9(1)

cross boundary pipeline 16(4)

designated Minister 9(1)

dispute resolution body 9(1)

ERA pipeline 9(1)

exempt contract 19(3)

exempt matter 15(2)

gas other than natural gas 6A(3)

Gas Pipelines Access Law 11(4)

initial National Gas Rules Sch. 1 cl. 3(1)

Legislature of this jurisdiction 9(1)

matters of a transitional nature 11(4)

National Gas Access (Western Australia) Law 3(1), 11(4)

National Gas Access (Western Australia) Regulations 3(1)

National Gas Law 9(1)

national provisions 19(3)

regulator 9(1)

relevant national provisions 19(3)

SA Schedule amendment 7A(1)

South Australian Act 3(1)

statutory instrument Sch. 1 cl. 17A

that other legislation 16(1)

this jurisdiction 9(1)

this Law 9(1)

transitional period 20(2)

underlying National Gas Law Sch. 1 cl. 1(2)

WA arbitrator 9(1)

Western Australian National Gas Access Law text 7(2)

This 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.

By Authority: GEOFF O. LAWN, Government Printer

Western Australia

National Gas Access (WA) Act 2009

Under the National Gas Access (WA) Act 2009 section 7(1), the National Gas Access (Western Australia) Law applies as a law of Western Australia.

The National Gas Access (Western Australia) Law is consolidated and published on the Western Australian legislation website.

Western Australia

National Gas Access (WA) Act 2009

Contents

Part 1 — Preliminary

Short title 2
Commencement 2
Terms used in this Act 2
Crown bound 2
Application to coastal waters 3
Extra‑territorial operation 3

6A. Extension to certain pipelines for hauling gas other than natural gas 3

6B. Interpretation Act 1984 does not apply 4

Part 2 — National Gas Access (Western Australia) Law and its regulations

National Gas Access (Western Australia) Law 5

7A. Amendments to Schedule to South Australian Act 5

7B. Regulations amending Schedule 1 consequentially 6

National Gas Access (Western Australia) Regulations 6
Terms used in National Gas Access (Western Australia) Law and its regulations 6

Part 3 — Regulations for the National Gas Access (Western Australia) Law

Making regulations 9
Regulations may deal with transitional matters 10

Part 4 — Cross vesting of functions and powers

Conferral of powers on Commonwealth Minister and Commonwealth bodies to act in this State 12
Conferral of powers on Ministers of other participating States and Territories to act in this State 12
Conferral of functions or powers on State bodies 12

Part 5 — General

Exemption from taxes 13

The Act imports a number of technical and legal concepts from the National Gas Law and adapts them to WA. Understanding these mapped concepts is central to working under the regime.

National Gas Access (Western Australia) Law and Regulations: the adopted text of the National Gas Law as modified for Western Australia (s 7(1)-(2); s 8). The Schedule to the South Australian Act, as modified by Schedule 1 of this Act, produces the Western Australian National Gas Access Law text (s 7(2); Sch 1 cl 1).
Regulator and dispute resolution body: the term regulator is defined to mean, for an ERA pipeline, the Economic Regulation Authority and for other pipelines the Australian Energy Regulator (AER) created under the Trade Practices Act 1974 (s 9(1)). Likewise, dispute resolution body is the WA arbitrator for ERA pipelines and the AER for other pipelines (s 9(1)). Sch 1 further modifies AER references to be read as regulator or ERA in certain contexts (Sch 1 cl 4, cl 2A).
ERA pipeline: a pipeline that is not an international pipeline and not one where the “relevant Minister” is a person other than the Minister responsible for administering this Act (s 9(1)). The definition determines whether ERA or AER/WA arbitrator responsibilities apply.
WA arbitrator: the Western Australian Energy Disputes Arbitrator under the Energy Arbitration and Review Act 1998; the Act gives the WA arbitrator specified duties, including the requirement to perform access determination functions in a way that will or is likely to contribute to the national gas objective and to take revenue and pricing principles into account for pipeline rates (Sch 1 cl 8 inserting s 68A).
National gas objective and revenue and pricing principles: these are central normative benchmarks imported from the National Gas Law and given specific operational effect in the WA context for arbitrated determinations (Sch 1 cl 8, s 68A). The WA arbitrator must apply the national gas objective and must take into account revenue and pricing principles when determining rates (Sch 1 cl 8(1)-(2)).
Designated pipelines and fees: the Governor may prescribe pipelines to be designated pipelines under regulations in Part 3 and once the Governor has prescribed one or more designated pipelines, the Governor cannot subsequently prescribe any other pipeline as a designated pipeline (s 10(4)). Regulations can prescribe fees, differential fees and methods for fee calculation (s 10(2)-(3)).
Cross boundary pipelines: a cross boundary pipeline is either a cross boundary transmission pipeline or distribution pipeline; actions taken under national gas legislation in one participating jurisdiction are taken to be taken under the national law of other participating jurisdictions where the pipeline crosses jurisdictions (s 16(1)). However, judicial review against a relevant Minister’s action in relation to a cross boundary distribution pipeline is constrained unless this jurisdiction is determined to be the pipeline’s most closely connected participating jurisdiction (s 16(2)).
Extension to gases other than natural gas: the national law is made to apply to pipelines hauling certain non‑natural gases if those pipelines are licensed under Part 2A of the Energy Coordination Act 1994, with “gas other than natural gas” defined in s 6A(3) to include butanes, propane types and mixtures (s 6A).
Initial National Gas Rules: the Act fixes an initial corpus of National Gas Rules for WA on commencement, being the National Gas Rules 2008 as signed and as affected by AEMC amendments prior to the WA commencement date (Sch 1 cl 13, s 294 replacement).

These concepts interact: the identity of the regulator/dispute resolution body affects the dispute pathway; the Governor’s regulation‑making powers and the unanimity requirement for certain regs (s 10(5)) create a governance constraint on making or varying pipeline designations and consequential rules; and cross‑boundary rules (s 16) set the legal treatment of interjurisdictional pipelines. The Schedule clarifies how references to the AER are to be read and how WA institutions (ERA, WA arbitrator) operate within the national rule set (Sch 1 cl 2A, cl 8, cl 9).

The Act and the National Gas Access (Western Australia) Law affect a concentrated set of actors engaged in gas pipeline ownership, operation, supply and regulation, plus government ministers and agencies. Key affected parties, and how the Act names or configures them, are:

Pipeline owners and service providers: entities that own or provide pipeline services in WA, including those operating pipelines treated as ERA pipelines or as other pipelines under the national law definitions (s 9(1)). They face obligations to prepare and submit access arrangements, to apply for light regulation or de‑coverage where appropriate, and to comply with access determinations and rules made under the national regime. The Kalgoorlie to Kambalda licence PL27 pipeline is given a specific transitional window for these actions (s 20).
End users and small use customers: the Act preserves a mechanism for regulations to affect the setting of reference tariffs for distribution pipelines used to supply prescribed small use customers (s 21(4)). This creates a direct regulatory lever that can alter tariff design for a defined customer class.
Economic Regulation Authority (ERA): the ERA is explicitly the regulator for ERA pipelines (s 9(1)). The ERA’s functions under the Act include regulatory oversight, and under Sch 1 cl 9 and s 18 the ERA must provide information to the WA arbitrator on request and the ERA’s technical expertise (via the Director of Energy Safety) must be used by the ERA in performing functions under this Act (s 18; Sch 1 cl 9, s 181A inserted).
Western Australian Energy Disputes Arbitrator (WA arbitrator): for ERA pipelines the WA arbitrator is the dispute resolution body and has specific duties in performing access determinations to advance the national gas objective and to consider revenue and pricing principles for rate determinations (Sch 1 cl 8 inserting s 68A; s 9(1)).
Australian Energy Regulator (AER) and Commonwealth bodies: for non‑ERA pipelines the AER remains the dispute resolution body and regulator under the trade practices framework (s 9(1); Sch 1 contains many modifications to how AER references are read). Commonwealth bodies listed explicitly in the Act include the AER, the National Competition Council (NCC), and the Tribunal (s 12(2)). The Act confers power on Commonwealth and other participating jurisdiction ministers to act in WA where functions are conferred by national gas legislation (ss 12-14).
Ministers and the Governor: the designated Minister for administration of this Act (s 9(1)) and the Governor (who makes regulations) have active roles. Notably, regulations under Part 3 may be made only on the unanimous recommendation of the Ministers of participating jurisdictions (s 10(5)) and the Minister may declare whether South Australian schedule amendments are relevant to WA (s 7A).
Contract counterparties and purchasers: the Act specifically preserves the continuance of certain exempt contracts relating to the privatised Dampier to Bunbury Natural Gas Pipeline system (s 19). The Act also creates an exemption from state taxes for transfers of assets or liabilities made to satisfy ring‑fencing or separation requirements imposed by national gas legislation if the Minister and Treasurer declare the transfer an exempt matter (s 15).
Courts and litigants: the Supreme Court of Western Australia is the Court referenced for actions under the national law in WA (s 9(1)). However, the Act narrows certain avenues for judicial review over cross boundary distribution pipelines unless WA is the participating jurisdiction most closely connected to the pipeline (s 16(2)). The Act also maps certain attempts/incitement to Criminal Code provisions by Schedule modification (Sch 1 cl 17 replacing Schedule 2 cl 50).

Who pays and who decides: regulated pipeline service providers bear compliance costs for access arrangements, fee payments prescribed by regulations, and potential adaptation for safety or technical standards through ERA engagement (s 18; s 10(2)). Ministers and the Governor decide on regulation content, designated pipeline lists, tax‑exemption orders (s 10, s 7B, s 15), and whether SA Schedule amendments are adopted into WA (s 7A). The ERA and WA arbitrator decide on regulatory and arbitration outcomes within the statutory and rules framework (s 9; Sch 1 cl 8).

The Act establishes and apportions duties and rights across regulators, dispute bodies, ministers and pipeline participants. The duties below are drawn directly from the Act and its Schedule and indicate who must do what.

Application and submission duties for service providers: affected pipeline service providers must comply with the National Gas Access (WA) Law requirements for access arrangements and may apply for regulatory light treatment or determinations that a pipeline is not a covered pipeline. The Kalgoorlie to Kambalda pipeline is given a six‑month transitional period to submit an access arrangement or apply for a de‑coverage or light regulation determination (s 20(2)). The Act leaves the substantive access arrangement and application processes to the adopted national law and Rules.
WA arbitrator’s duties when making access determinations: the WA arbitrator is required to perform or exercise functions and powers that relate to access determinations in a manner that will or is likely to contribute to the national gas objective (Sch 1 cl 8, new s 68A(1)). For determinations that set rates or charges the WA arbitrator must take into account the revenue and pricing principles (Sch 1 cl 8(2)(a)); for other functions the WA arbitrator may take those principles into account if appropriate (Sch 1 cl 8(2)(b)).
ERA duties on technical and safety input: the ERA, in performing its functions under this Act, must make appropriate use of the expertise of the Director of Energy Safety under the Energy Coordination Act 1994 in relation to safety or technical standards in the gas supply industry (s 18). In disputes where the WA arbitrator is the dispute resolution body, the WA arbitrator must inform the ERA and may request information in the ERA’s possession relevant to the dispute; the ERA must provide the information whether or not it is confidential, and if confidential must identify the nature and extent of confidentiality (Sch 1 cl 9 inserting s 181A).
Regulatory and rule‑making duties: the Governor may make regulations contemplated by or necessary to give effect to the National Gas Access (WA) Law (s 10(1)). Regulations can prescribe fees and provide for waivers or refunds (s 10(2)) and may be of general or limited application and vary according to prescribed factors (s 10(3)). Some regulations under Part 3 may be made only on unanimous recommendation of Ministers of participating jurisdictions (s 10(5)).
Ministerial duties regarding SA schedule amendments and timing: if South Australia enacts an SA Schedule amendment, the WA Minister may by order declare that amendment relevant to the WA text; until a Ministerial order takes effect the Western Australian text remains as if the SA amendment had not been made (s 7A(1)-(5)). The Minister fixes the commencement day of provisions relating to the Natural Gas Services Bulletin Board by order (Sch 1 cl 5, new s 20A).
Tax exemption rights subject to declaration: the Act creates an exemption from state duties or taxes in relation to transfers of assets or liabilities made to ensure compliance with ring‑fencing or AER ring‑fencing determinations, but the exemption applies only to transfers declared by the Minister and the Treasurer by order published in the Government Gazette (s 15(1)-(2)). The statutory right to the exemption is conditional on an executive declaration.
Rights to information and confidentiality treatment: when the ERA provides confidential information to the WA arbitrator under Sch 1 cl 9 (s 181A), the ERA must identify the confidentiality and the WA arbitrator must treat the information accordingly (Sch 1 cl 9(3)). This is both a duty of the ERA when supplying the information and of the WA arbitrator in handling it.
Limitations on judicial review in cross‑boundary contexts: the Act provides that where an action is taken under the national gas legislation by a relevant Minister in relation to a part of a cross boundary pipeline, that action is taken also to be taken under the national law of each participating jurisdiction where a part of the pipeline is situated (s 16(1)). Critically, subsection (2) restricts proceedings for judicial review in WA challenging a Minister’s action on a cross boundary distribution pipeline unless this jurisdiction is determined to be the participating jurisdiction most closely connected to the pipeline (s 16(2)). That restriction removes an available forum for judicial review in some cross‑boundary disputes.
Regulatory preservation for existing DBNGP contracts: the national provisions do not affect the continuance or operation of an exempt contract in respect of the privatised DBNGP system; other contracts are preserved through application of certain national provisions in lieu of “the Code” (s 19).

Rights under the scheme therefore depend on classification of a pipeline, ministerial decisions (for declarations, Gazette notices and adoption of SA amendments), regulator/arbitrator determinations, and compliance with the Rules and regulations that are or will be in force. Many procedural duties (access arrangements, tariff setting, dispute notification) are devolved to the national law text as modified by Schedule 1; practitioners should always consult the operative Rules and WA modifications for the precise procedural steps and timing.

The Act itself focuses on adoption, institutional allocation and procedural mechanisms; substantive offences and penalties largely derive from the National Gas Law and Rules as adopted and modified by Schedule 1. Two enforcement and penalty features are explicit or made by Schedule modification in the WA text.

Criminal attempts and incitement mapped to the Criminal Code: Schedule 1 replaces Schedule 2 clause 50 of the underlying National Gas Law text with a new provision mapping attempts and incitement to The Criminal Code. The Schedule 1 insertion replaces that clause with one stating that section 555A(1) and (2) of The Criminal Code apply in relation to a simple offence under this Law as if it were a simple offence under The Criminal Code (Sch 1 cl 17). That links attempts and incitement against National Gas Law simple offences to criminal law provisions concerning attempt and incitement, and therefore to the Criminal Code’s offence construction and penalties.
Enforcement through regulator, arbitrator and judicial mechanisms: the Act defines the regulatory and dispute bodies (s 9(1)); enforcement of authorisations, access determinations, and compliance obligations flows through those bodies and through the Courts where appropriate. The Act defines Court as the Supreme Court of Western Australia for the operation of the National Gas Access (WA) Law in WA (s 9(1)), meaning judicial review and remedies ordinarily lie in that court unless the national law or Rules provide alternative mechanisms. The Act also sets a limiting rule preventing proceedings for judicial review of a relevant Minister’s action in relation to a cross boundary distribution pipeline unless WA is determined to be the most closely connected participating jurisdiction (s 16(2)). That limitation modifies the availability of judicial remedies at the in‑state Supreme Court for cross‑boundary distributions.
Fee and economic enforcement: regulations can prescribe fees and provide for waiver or refund (s 10(2)). Failure to pay fees prescribed by the National Gas Access (WA) Regulations or by regulations under the Act could trigger enforcement mechanisms under those instruments or underpinning rules, though the Act itself leaves the detailed fee enforcement architecture to regulations and the national text.
Conferral of powers and cross‑vesting: ss 12-14 and s 17 create legal effect for actions by Commonwealth bodies and other participating jurisdictions and allow bodies and ministers constituted under other jurisdictions’ law to act within WA. This conferral enables Commonwealth regulators or interstate ministers to take enforcement actions that operate in WA under the national law framework, and those acts are taken to be acts under WA law (s 12(1); s 13).
Preservation of contractual protection for DBNGP exempt contracts: s 19(1) provides that the national provisions do not affect the continuance or operation of an exempt contract. That preserves the existing contractual enforcement and rights architecture for those exempt contracts outside interference from the national law in many respects.
Regulatory review and oversight: the Minister must cause an external review of this Act’s operation and effectiveness after a specified review day (s 22). That review requirement is a form of legislative oversight that can lead to policy and enforcement changes, but is not itself an enforcement mechanism.

Because the Act adopts the National Gas Law, many specific offences, civil penalties and enforcement instruments will be found in the adopted Law and Rules. Practitioners should therefore consult the operative National Gas Access (Western Australia) Law and National Gas Rules as modified by Schedule 1 for the full catalogue of offences, penalty amounts, infringement procedures, and enforcement remedies.

The Act operates as an adoption and modification statute, deliberately interfacing with multiple Commonwealth and State instruments. The text sets out specific cross‑references and replacements that materially change relationships across legal instruments.

Supplanting the Gas Pipelines Access (WA) Act 1998 machinery: Part 7 amends the Gas Pipelines Access (Western Australia) Act 1998 extensively, deleting Parts, replacing headings, changing defined terms, and preserving the review board and arbitrator functions under the Energy Arbitration and Review Act 1998 instead of the earlier Gas Act nomenclature (see Div 1, ss 23-51). The practical effect is to transplant regulatory and arbitration functions into the national law framework while preserving certain local arbitrator review structures.
Interaction with Commonwealth institutions and laws: the Act expressly integrates Commonwealth regulators and institutions by making the AER (where relevant) the regulator or dispute resolution body and by enabling Commonwealth Minister or bodies to perform functions in WA where those functions are conferred by national gas legislation of another participating jurisdiction (ss 9(1), 12-14). Sch 1 makes numerous textual adjustments to accommodate reading AER references as ERA or vice versa, and to address AEMC rules and the Trade Practices Act provisions (Sch 1 cl 2A; cl 7; cl 13).
Relationship with Energy Coordination Act 1994 and other WA energy laws: s 6A allows the national law to apply to pipelines hauling non‑natural gases if licensed under Part 2A of the Energy Coordination Act 1994. Section 18 requires the ERA to draw on the Director of Energy Safety under the Energy Coordination Act 1994 for safety and technical expertise. The Act also amends the Energy Coordination Act 1994 to make licences ineffective to the extent inconsistent with the National Gas Access (Western Australia) Law (Div 4, s 65 amending s 11V).
Property and tax law interface: s 15 creates a narrow exemption from State duties and taxes for transfers of assets and liabilities made to comply with ring‑fencing or separation requirements imposed by national gas legislation or AER ring‑fencing determinations, but only when the Minister and the Treasurer declare the transfer to be an exempt matter by Gazette order (s 15(1)-(2)). That creates a tax‑law interaction contingent on executive declaration.
Freedom of Information, Parliamentary Commissioner and Financial Management Acts: the Act amends the Freedom of Information Act 1992 to insert a new glossary tailored to the national regime (Div 5, s 70). It amends the Parliamentary Commissioner Act 1971 to include functions given by or under this Act (Div 5, s 71). It also updates Financial Management Act schedules to reflect the arbitrator renaming (Div 5, s 69).
Court and judicial review interplay: the Act designates the WA Supreme Court as the Court for purposes of the adopted national law in WA (s 9(1)), but modifies rights of review in cross‑boundary situations for distribution pipelines so that judicial review in WA is barred unless WA is the most closely connected jurisdiction (s 16(2)). This alters forum options for litigants compared with prior WA law.
Adoption and sequencing of SA amendments: s 7A provides a mechanism for South Australian Parliament amendments to the SA Schedule to be declared relevant or not to WA by the WA Minister; until declared relevant, the WA text remains as if the SA amendment had not occurred (s 7A). The Governor may make consequential regulations to amend Schedule 1 as necessary (s 7B). This creates a constrained route for the national text in WA to remain aligned with South Australia only when adopted by ministerial declaration, rather than automatic synchronisation.
Rules and the Acts Interpretation Act: the Act removes the application of the WA Interpretation Act 1984 to the National Gas Access (Western Australia) Law and certain related regulations and Rules (s 6B). Sch 1 also states that South Australian Acts Interpretation provisions do not apply to the National Gas Law in its application as WA law (Sch 1 cl 3). These choices affect how statutory interpretation rules apply to the adopted national text and may create interpretative differences from other WA statutes.
Criminal Code mapping: Schedule 1 replaces a Schedule provision to ensure attempts and incitement in relation to offences under the national law are captured by The Criminal Code s 555A (Sch 1 cl 17).

Overall, the Act is a statute of incorporation and modification. It imports the national framework and then specifies interaction points with WA energy, administrative, property, tax and criminal law. The mapping to Commonwealth institutions and the special rules for cross‑boundary pipelines materially affect enforcement pathways, regulatory competence and forum selection.

The Act’s compilation table and Schedule annotations show a succession of legislative and subordinate instrument amendments since assent. The primary stages and referenced instruments in the Act text are:

Original enactment and commencement: National Gas Access (WA) Act 2009 No. 16 of 2009 received Royal Assent 1 September 2009. Sections 1 and 2 commenced on that date and the remainder of the Act commenced by proclamation on 1 January 2010 (compilation table).
Petroleum and Energy Legislation Amendment Act 2010: the Act was amended by No. 42 of 2010 (s 184) with commencement 25 May 2011, which altered section 9(3) among other provisions (compilation table; note to s 9).
Series of Act Amendment Regulations: multiple Statutory Law instruments and Act Amendment Regulations have updated the WA text and Schedule modifications:
- National Gas Access (WA) (Act Amendment) Regulations 2017, Gazette 22 Dec 2017 (r 1-2 and other provisions commencing 22-23 Dec 2017).
- National Gas Access (WA) (Act Amendment) Regulations 2019, Gazette 5 Apr 2019 (r 1-2 and rest commencing 5-6 Apr 2019).
- National Gas Access (WA) (Act Amendment) Regulations 2020 (SL 2020/194), commenced 9-10 Oct 2020.
- National Gas Access (WA) (Act Amendment) Regulations (No. 2) 2024 (SL 2024/5), commenced 24-25 Jan 2024.
- National Gas Access (WA) (Act Amendment) Regulations 2024 (SL 2024/186), commenced 4-5 Sep 2024.
- National Gas Access (WA) (Act Amendment) Regulations 2025 (SL 2025/19), commenced 22-23 Jan 2025.
Schedule 1 incremental updates: Sch 1 contains multiple insertions and modifications across successive instrument rounds: for example Sch 1 clauses (Sch 1 cl 3 amended Gazette 22 Dec 2017 and 5 Apr 2019); Sch 1 cl 7B and cl 13A inserted by SL 2024/186 and SL 2024/5 respectively; cl 16A, 16B, and 17A added in various 2019, 2024 instruments (see marginal notes in Schedule).
Adoption orders and AEMC/AEMO rule changes: Sch 1 cl 13 fixes the initial National Gas Rules for WA as the National Gas Rules 2008 as signed on 1 July 2008, “as affected, if applicable, by any amendments made by the AEMC under national gas legislation before the coming into operation of that section.” Sch 1 contains later clauses dealing with adoption orders such as the National Gas Access (WA) Adoption of Amendments Order 2019, 2020 and 2024 and references to the National Gas (South Australia) Law amendments including the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023 (Sch 1 cl 13A).
Local legislative amendments across WA statutes: Part 7 implements numerous textual and structural amendments to existing WA Acts to align them with the national law architecture. These include amendments to the Gas Pipelines Access (Western Australia) Act 1998 (ss 23-51), Economic Regulation Authority Act 2003 (ss 52-55), Electricity Industry Act 2004 (ss 56-61), Energy Coordination Act 1994 (ss 62-67), Constitution Acts Amendment Act 1899, Financial Management Act 2006, Freedom of Information Act 1992, Parliamentary Commissioner Act 1971, and Petroleum Pipelines Act 1969 (ss 68-72). These were implemented contemporaneously with the principal Act and updated over time via the instruments listed above.
Section‑specific amendments: the text notes that section 9 was amended by No. 42 of 2010 s 184. Later SL instruments (2017, 2019, 2020, 2024, 2025) amended Schedule 1 extensively to reflect evolving national rule changes and adoption orders.

The compilation table at the end of the Act lists the sequence of instruments and commencement dates up to 2025. Practitioners must consult the current consolidated and compiled version on the WA legislation website to identify which Schedule 1 modifications, adoption orders, and National Gas Rules are currently in force for WA, since the Act implements a process for staged adoption rather than automatic synchronisation with the South Australian text.

The Act text supplied does not include any reported judicial decisions or litigation history. The Act establishes the institutional and procedural pathways through which disputes and enforcement actions will be conducted (s 9(1) defining Court as the Supreme Court of Western Australia; s 16 on cross‑boundary pipeline actions; Sch 1 cl 9 inserted s 181A on information sharing between ERA and WA arbitrator). The practical litigation issues and precedent trajectories will therefore derive from:

Judicial review and dispute resolution under the national law as applied in WA: the Supreme Court of WA is the Court defined for matters under the WA application of the National Gas Law (s 9(1)). However, s 16(2) imposes a substantive limitation: a proceeding for judicial review to challenge a Minister’s action in relation to a cross boundary distribution pipeline may not be brought before the Court unless WA has been determined to be the participating jurisdiction with which the pipeline is most closely connected. That procedural bar will be a likely focal point in litigation about cross‑boundary distribution pipelines.
Arbitration and access determinations: the WA arbitrator has mandated criteria to apply (Sch 1 cl 8, s 68A). Litigation is likely to engage judicial review of arbitrator procedures and decisions, the application of the national gas objective, and correct application of revenue and pricing principles where rates are in dispute.
Information sharing and confidentiality disputes: Sch 1 cl 9 (s 181A) requires the ERA to provide requested information to the WA arbitrator and to flag the nature and extent of confidentiality. Litigation could arise where confidential information is disclosed and confidentiality protective measures are contested.
Criminal law mapping: Sch 1 cl 17 equates attempts and incitement regarding simple offences under the Law with Criminal Code s 555A territory. Any prosecutions or criminal law appeals would be in WA criminal courts applying the Criminal Code provisions mapped to Law offences.

Because the Act largely operates by reference to the National Gas Law and National Gas Rules as adopted, much of the enforcement and litigation history will track decisions brought under the national regime and then applied in WA. To assess litigation trends one must review decisions about AER or arbitrator determinations, access arrangement disputes, and cross‑boundary pipeline challenges in Australian jurisdictions applying the National Gas Law and Rules, and then check those principles against the WA modifications (Sch 1). The Act itself does not list or summarise any judicial decisions.

This section lists traps, drafting features and specific implementation risks that arise directly from the Act’s wording or Schedule modifications, with references to relevant provisions.

Interpretation Act 1984 exclusion for the adopted Law: section 6B provides that the WA Interpretation Act 1984 does not apply to the National Gas Access (Western Australia) Law, to regulations under Part 3, or to Rules under the Law (s 6B(1)). That means usual presumptions and interpretative aids in the WA Interpretation Act will not apply to the adopted national text in WA. Practitioners must therefore pay attention to the adopted National Gas Law text and Schedule 1 modifications for interpretation guidance rather than rely on WA interpretation presumptions.
AER/ERA reading complexity: Schedule 1 creates a layered reading rule for references to the AER and the regulator (Sch 1 cl 2A and cl 4). Many provisions are to be read as if references to the AER are references to the ERA, except where the AER must continue to mean the Commonwealth AER (Sch 1 cl 2A(1)-(2)). This produces potential ambiguity over which body applies in a given provision and raises administrative complexity when functions are split or shared. Check Sch 1 modifications closely for each clause to see whether the reference is to AER, ERA, or both.
Governor’s limitation on designated pipeline lists: section 10(4) states that once the Governor has prescribed one or more pipelines as designated pipelines, the Governor cannot make another regulation that prescribes any other pipeline as a designated pipeline. This creates a one‑time or lock‑in effect that restricts later additions by the Governor acting alone; adding designated pipelines therefore requires careful sequencing and potentially preplanning at the time of first designation.
Unanimous recommendation requirement for some regulations: section 10(5) requires regulations under Part 3 to be made only on the unanimous recommendation of the Ministers of the participating jurisdictions. This unanimity requirement gives participating Ministers effective veto power over those regulations and may slow or block regulatory changes that depend on multijurisdictional agreement.
Ministerial discretion over SA Schedule amendments: s 7A allows the WA Minister to declare (by Gazette order) whether an SA Schedule amendment is relevant to the WA text. Until declared relevant the WA text remains as if the SA amendment had not been made (s 7A(2)-(4)). This creates asynchrony between SA and WA and requires market actors to monitor Gazette notices for adoption decisions to know if and when South Australian changes apply in WA.
Restriction on judicial review for cross boundary distribution pipelines: s 16(2) prevents proceedings for judicial review against a relevant Minister’s action in relation to a cross boundary distribution pipeline unless WA is the participating jurisdiction most closely connected to the pipeline. That removes a potential forum and could lead to forum shopping or strategic jurisdictional disputes over which jurisdiction is “most closely connected.”
Retrospective transitional regulations subject to limits: s 11 permits transitional regulations to take effect from earlier than the day they are made, but requires that such regulations not prejudicially affect existing rights or impose liabilities for acts done before the regulations were published (s 11(2)-(3)). Drafting errors in transitional regulations could inadvertently attempt disallowed retrospective impacts, risking legal challenge and uncertainty.
Confidential information sharing: Sch 1 cl 9 (s 181A) requires the ERA to provide information to the WA arbitrator on request, even if confidential. The ERA must identify confidentiality and the WA arbitrator must treat it accordingly (Sch 1 cl 9(2)-(3)). That mechanism imposes obligations on the arbitrator to handle confidential material but also risks sensitive information moving between agencies without third‑party consent or detailed protective procedures beyond the identification requirement.
Narrow tax exemption: the duty/tax exemption in s 15 applies only to transfers declared by the Minister and Treasurer as exempt matters and only in limited circumstances tied to ring‑fencing or AER ring‑fencing determinations (s 15(1)-(2)). Entities that assume broad tax‑free asset transfers risk non‑compliance unless a Gazette order is obtained.
DBNGP fixed principle and time limit: s 21(5) permits a regulation to prescribe a period ending not later than 31 December 2031 during which a fixed principle in the Revised DBNGP Access Arrangement applies despite anything in the national law or Rules. That creates a statutory carve‑out for DBNGP pricing rules up to a stated date and requires parties to track whether such a regulation is in force and its expiry.
Multiple amendment instruments and adoption orders: the Schedule and marginal notes show successive SR/SL instruments and adoption orders (2017, 2019, 2020, 2024, 2025). The staggered and conditional adoption mechanism increases legal complexity and creates a risk that practitioners rely on an outdated version of the WA modifications or National Gas Rules if they do not check the consolidated text and Gazette notices.

Overall, confusion is most likely to arise where the text requires reading AER references as ERA or vice versa, where ministerial adoption decisions affect synchronisation with SA, and where designated pipeline lists or transitional regulations have one‑time or retrospective effects. For any contentious measure, confirm the operative version of Schedule 1 and any Governor or Minister Gazette notices.

Compliance under the WA application of the National Gas Law requires attention to procedural steps, institutional roles, Gazette notices, and the WA modifications in Schedule 1. The following operational checklist turns statutory duties into practical steps for regulated entities, legal advisers, and compliance officers.

Determine pipeline classification and applicable regulator
- Check whether the pipeline is an ERA pipeline, an international pipeline, or another pipeline for which the relevant Minister differs (s 9(1)). The classification determines whether the ERA or the AER (and which dispute resolution body) is the regulator/dispute body.
- Where ambiguity exists, consult the architecture in Sch 1 to see how AER references are to be read (Sch 1 cl 2A).
Access arrangements, de‑coverage and light regulation applications
- If your pipeline was previously regulated under the old WA Code, follow the National Gas Access (WA) Law procedures for submitting an access arrangement or for applying for a determination that the pipeline is no longer a covered pipeline (Sch 1 cl 13 and s 20 transitional provision for PL27).
- For the Kalgoorlie to Kambalda pipeline (licence PL27) there is a six‑month transitional period after the commencement of section 30 within which to submit an access arrangement, apply for de‑coverage, or apply for a light regulation determination (s 20(2)). Track those dates carefully.
Fees and charges
- Check National Gas Access (WA) Regulations and any regulations the Governor has made under Part 3 for prescribed fees. The Governor can prescribe fees and may provide for waivers or refunds (s 10(2)). If fees are not fixed, regulations may set methods for determining fees by cost recovery (s 21(3)).
- If an office or arbitrator function is performed for which fees are not covered by the National Gas Access (WA) Regulations, s 21 permits regulations providing for fees and calculation methods in connection with arbitrator functions.
Confidential information and dispute handling
- Expect that the WA arbitrator may request relevant information from the ERA for notified disputes and that the ERA must provide it even if confidential; the ERA must identify the nature and extent of confidentiality and the WA arbitrator must treat it accordingly (Sch 1 cl 9 inserting s 181A). Establish internal classification and protective protocols for information likely to be shared between ERA and arbitrator.
- Ensure dispute notification and evidence preservation procedures align with national Rules and the WA modifications. Prepare to provide requested materials promptly to avoid procedural disadvantages.
Safety and technical standards
- Engage with the Director of Energy Safety through the ERA where safety or technical standards are relevant, because the ERA is required to make appropriate use of that expertise when performing functions under this Act (s 18). Maintain records showing consultation with Director of Energy Safety inputs where relevant.
Monitor Governor and Minister orders and Gazette notices
- Track Government Gazette notices for:
  - designations of pipelines as designated pipelines (s 10(4));
  - Ministerial declarations adopting South Australian Schedule amendments as relevant to WA (s 7A);
  - orders fixing the commencement day for Natural Gas Services Bulletin Board provisions (Sch 1 cl 5, new s 20A);
  - Minister and Treasurer orders declaring exempt matters for tax exemption under s 15.
- Because s 7A and s 10 create ministerial and governorial levers that change legal effect, late or missed Gazette notices can materially alter rights and obligations.
Cross‑boundary pipeline governance
- If a pipeline is cross boundary, prepare for regulatory action taken in another participating jurisdiction to be treated as taken under corresponding national law in WA (s 16(1)). Carefully evaluate forum and jurisdictional strategy because s 16(2) limits the ability to seek judicial review in WA for actions regarding cross boundary distribution pipelines unless WA is the most closely connected jurisdiction.
Tax and corporate reorganisation
- If considering transfers of assets or liabilities to meet ring‑fencing or separation requirements, secure a Minister and Treasurer order declaring the transfer an exempt matter under s 15 before assuming a tax‑exempt outcome. Do not rely on an uncommunicated or informal understanding.
Keep an operative copy of the consolidated Law and Rules
- The operative legal framework comprises the National Gas Access (Western Australia) Law text as modified by Schedule 1, the National Gas Rules as adopted for WA, and any adoption orders or Regulations. Use the WA consolidated legislative text and confirm which SL instruments and adoption orders are in force. Sch 1 cl 13 fixes an initial Rules baseline but subsequent AEMC amendments and adoption orders change the corpus.
- Remember the Interpretation Act 1984 does not apply to the adopted Law (s 6B), so reliance on WA interpretation presumptions is risky.
Administrative and governance planning
- For regulated businesses, establish a project plan for compliance with access arrangement submissions, tariff modelling (taking the revenue and pricing principles into account), and coordinated engagement with ERA and the WA arbitrator.
- Legal teams should document confidentiality regimes and prepare for potential cross‑agency information requests per Sch 1 cl 9.
- Executives should be aware the Governor cannot later designate additional pipelines as designated pipelines once designations are made (s 10(4)), and some Part 3 regulations require unanimous ministerial recommendation (s 10(5)). Coordinate any desired regulatory or designation outcomes with participating jurisdictions early.

Following these steps will mitigate many of the practical risks created by the Act’s adoption model, the WA modifications in Schedule 1, and the cross‑jurisdictional dynamics created by conferrals to Commonwealth and interstate bodies.

Deep Dive

What it does

Current sections