National Gas Access (WA) (Part 3) Regulations 2009

Several technical and legal concepts are central and mechanically determinative.

Designated pipeline: The regulations “prescribe” particular pipelines as designated pipelines for s 2 of the NGL (reg 4(1); Schedule 1). That prescription gives the NGL’s access, pricing and dispute frameworks legal effect in respect of those pipelines. Schedule 1 lists categories: certain South Australian distribution pipelines tied to a pre‑2008 access arrangement, two named WA transmission pipelines (Dampier to Bunbury PL40 and Goldfields PL24), and WA distribution pipelines forming part of the WA Gas Networks distribution system that were subject to a 2005 access arrangement (Schedule 1).

Definition of pipeline and prescribed gas processing plant/exit flange: Regulation 5 and Schedule 2 exclude or delineate particular gas processing plants and specify the flange or connection point that will be the “prescribed exit flange or prescribed connection point” for purposes of the NGL’s definition of pipeline (reg 5; Schedule 2). Schedule 2 contains geographically and technically specific descriptions,down to drawing numbers, flange types and their locations,across multiple jurisdictions (NSW, NT, Qld, SA, Vic, WA). Those physical demarcations determine whether a piece of plant is inside or outside the NGL pipeline definition.

Civil penalty and conduct provisions: Regulation 6 prescribes that certain provisions of the NGL and Rules are civil penalty provisions (reg 6(1)), then allocates specific provisions to tier 1, 2 or 3 for the purposes of s 3A(1) of the NGL (reg 6(2)-(4); Schedule 3). Schedule 3 lists the exact NGL sections and Rules for each tier. Regulation 7 prescribes particular Rules as “conduct provisions” (reg 7; Schedule 4). There is overlap between the lists in Schedules 3 and 4: some Rules appear in both schedules (for example Rule 109 and Rule 137), meaning a breach may be both a conduct provision and a civil penalty provision depending on the NGL mechanism invoked.

Summons procedural rules: Regulation 8 prescribes what a summons issued by the dispute resolution body under Chapter 6 Part 6 of the NGL must contain, how long it operates and what service methods are effective (reg 8(1)-(3)). It specifies required content (name/address; description of documents; officer to attend if a corporation; date/time/place) and lists multiple service mechanisms including service on a legal practitioner, Corporations Act methods for corporations, placement near a person with notice, filing an answer, or the dispute resolution body being satisfied the person received a copy (reg 8(1)-(3)).

Dispute resolution costs and apportionment: Regulation 9, enacted pursuant to s 216 of the NGL, explicitly authorises the dispute resolution body to charge parties for costs in access disputes and to apportion those costs between parties (reg 9).

Content and form of Rule request: Regulation 13 prescribes the information that must be included in a request to make an NGL Rule (reg 13(1)(a)-(f)), and makes clear a Rule request under s 295 of the NGL must be in writing (reg 13(2)). The list includes a requirement to explain how the proposed Rule will contribute to the national gas objective (reg 13(1)(d)) and an analysis of benefits and costs (reg 13(1)(e)). For gas market regulatory bodies, a summary of consultation is required in certain circumstances (reg 13(1)(f)).

Indexation of penalties: Regulation 13A prescribes a CPI‑based formula to adjust civil and criminal penalty amounts that are set by clauses 47A and 47B of Schedule 2 to the NGL (reg 13A(1)). It sets the 2019 calendar year CPI sum as the base (B) and, for the first adjustment, uses the 2022 calendar year CPI sum as A; subsequent adjustments use the most recent calendar year (reg 13A(1)(a)-(b)). The regulation sets rounding rules (to nearest $100 for amounts ≥ $10,000 and to $10 for amounts < $10,000), prevents indexed amounts falling below the prior amount (reg 13A(3)), and prescribes the ABS All Groups CPI (weighted average of eight capital cities) as the index number with a fallback to an MCE‑determined index if the ABS ceases publication (reg 13A(4)).

Fees and small‑user exemption: Regulation 14 prescribes the fees listed in Schedule 5 (reg 14(1)) and creates a specific exemption from the access dispute notification fee in situations where the notifying user consumes less than 1 terajoule of gas per year (reg 14(2); Schedule 5 item 6). Schedule 5 sets concrete dollar amounts for a range of applications (e.g., $7,500 for coverage determinations and price regulation exemption applications; $2,750 for notification of an access dispute) (Schedule 5).

Transitional arrangements: Regulation 15 assigns functions of the local appeals board under the transitional provisions to the Gas Review Board created under the Energy Arbitration and Review Act 1998 and preserves certain funding powers from repealed WA regulations for the Board and WA arbitrator as if those repealed regulations remained in force (reg 15(1)-(3)).

Taken together the main concepts are technical demarcation of scope (which pipelines and what physical points are in), procedural formalities for dispute management and Rule requests, allocation and indexation of monetary sanctions, and a small number of fees and transitional institutional arrangements.

The regulations structure who is legally pulled into the NGL regime, who pays for procedures, and which corporate actors must comply with specific procedural steps.

Pipeline owners/operators and users of designated pipelines: The most direct effect flows to operators and users of pipelines listed in Schedule 1 and to extensions/expansions treated as part of those pipelines (reg 4(1), Schedule 1). The named WA transmission pipelines (Dampier to Bunbury PL40 and Goldfields PL24) and the WA Gas Networks distribution systems are expressly brought within the NGL’s coverage. Operators of those pipelines become subject to the NGL’s access, negotiation and dispute resolution framework, and associated obligations and penalties that the NGL and these regulations apply (reg 4(1); Schedule 1).

Owners/operators of gas processing plants and parties connecting to plants: Schedule 2 identifies prescribed gas processing plants and the precise exit flanges or connection points that demarcate the start of the pipeline for NGL purposes (reg 5; Schedule 2). Owners or operators of listed gas plants (for example Longford in Victoria, Moomba and Katnook in South Australia, a range of Queensland plants, and several WA plants including North West Shelf domestic gas facilities, Tubridgi, Dongara, Beharra Springs, Griffin) will be affected because the flange/connection points determine whether an installation is part of the NGL pipeline or not (Schedule 2). Parties seeking to connect or establish metering at these points must understand the delineation.

Shippers, allocators, sellers and buyers using the pipelines: Users engaged in contracting for gas transport, supply or capacity on designated pipelines will be affected by the access regime, dispute resolution rules and cost allocation powers (reg 9; reg 14 and Schedule 5). A user that seeks to notify an access dispute faces a $2,750 notification fee per Schedule 5 unless the user consumes less than 1 terajoule per year, in which case the notification fee is not payable (reg 14(2); Schedule 5 item 6).

Dispute resolution parties and legal advisers: Parties engaged in access disputes will be subject to the summons content and service rules (reg 8). The dispute resolution body can charge its costs and apportion them between parties (reg 9); legal advisers will need to advise clients on potential cost exposure and effective service of summonses. Corporations and their officers may need to prepare named corporate officers to appear and produce documents as required by reg 8(1)(b)(ii).

Applicants for Rule changes and gas market regulatory bodies: Persons or entities seeking to request an NGL Rule must supply detailed information as to the Rule’s scope, objective, contribution to the national gas objective, and cost/benefit analysis, and must do so in writing (reg 13(1)-(2)). Gas market regulatory bodies making requests under s 305(1)(a) must summarise consultation they have undertaken (reg 13(1)(f)). That raises compliance and administrative work for applicants who previously may have made more concise submissions.

Pipeline service counter‑parties, meter operators and third‑party connectors: Because Schedule 2 fixes precise flanges and welds as the demarcation between plant and pipeline, operators of metering equipment and parties that physically connect to pipeline infrastructure will be affected. The regulations require precise technical identification of the connection points by reference to drawings and equipment, and that will determine who controls metering and who can be subject to pipeline access obligations (reg 5; Schedule 2).

Regulatory bodies and the Gas Review Board: The Gas Review Board gains the functions of the local appeals board under the transitional provisions and retains certain funding functions that follow the old WA funding regulations (reg 15(2)-(3)). The ERA and other regulatory bodies that licensed or regulated the pipelines before NGL commencement will be affected by the specified transitional arrangements.

Small users and consumer groups: The small‑user exemption for the access dispute notification fee (reg 14(2)) means residential or small commercial consumers (or small gas users aggregated under a single legal entity) consuming less than 1 TJ/year will not pay the notification fee for an access dispute. This limits direct cost exposure for small consumers who seek to trigger dispute resolution.

Persons issuing or served with summonses: The service alternatives in reg 8(3) mean individuals, legal practitioners and corporations can be served by several recognised methods; each has different practical and legal consequences. Service by leaving a copy near a person and informing the person (reg 8(3)(a)) or filing an answer (reg 8(3)(e)) are effective means that alter tactical choices of parties in dispute.

Finally, anyone exposed to the NGL’s civil and criminal penalties should note that Schedule 3 allocates specific NGL sections and Rules into tiers that, in the NGL, will attract differing maximum penalties and enforcement approaches (reg 6; Schedule 3). The indexation prescribed in reg 13A will adjust some monetary penalties set under the NGL Schedule 2 clauses 47A and 47B.

The regulations convert several statutory duties and rights into actionable obligations and entitlements. Below are the principal ones, with the precise regulatory source noted.

Duty to treat specified pipelines as designated pipelines: The state prescribes particular pipelines as designated pipelines for the NGL (reg 4(1); Schedule 1). Pipeline owners and operators of those pipelines must therefore comply with the NGL’s access, information and negotiation obligations; the regulations make the coverage automatic once listed.

Duty to observe the pipeline demarcation at prescribed flanges: For the gas processing plants in Schedule 2, the prescribed exit flange or connection point fixes the point at which NGL pipeline obligations start. Owners of plants and users must accept that the flange descriptions (often by drawing number and physical location) define pipeline jurisdiction (reg 5; Schedule 2). This creates a duty to coordinate on metering, connection and access at that precise point.

Duty to provide specified content in Rule requests: Any person who requests the making of a Rule under s 298 of the NGL must include listed information: name/address, description of the proposed Rule, statement of the issue and how the Rule addresses it, explanation of how the Rule furthers the national gas objective, and an explanation of expected benefits and costs, plus, for certain gas market regulatory bodies, a summary of consultation (reg 13(1)(a)-(f)). Requests under s 295 must be in writing (reg 13(2)). This imposes a documentation duty on legal and regulatory participants.

Right to be summoned and produced as a witness with prescribed procedural minimums: The dispute resolution body may issue summonses with specified content and service methods (reg 8(1)-(3)). Persons summoned have the right to receive adequate notice (date/time/place specified) and to know what documents are required (reg 8(1)(b)). Corporations have the right to send an officer to produce documents (reg 8(1)(b)(ii)).

Dispute resolution body’s right to charge and apportion costs: Under reg 9, the dispute resolution body may charge parties its costs in an access dispute and apportion those costs. This gives the dispute resolution body a statutory mechanism to recover costs and to allocate them among parties, which is a right the body can exercise in its procedural management.

Duty to pay prescribed fees and small‑user exemption: Applicants for coverage determinations, coverage revocation, price regulation exemptions, and notification of access disputes must pay the fees specified in Schedule 5 unless exempt (reg 14(1); reg 14(2); Schedule 5). The small user exemption (reg 14(2)) is a limited right not to pay the access dispute notification fee where the notifying user consumes less than 1 TJ/year.

Duty to comply with civil penalty and conduct provisions: The regulations identify particular NGL sections and Rules that are civil penalty provisions and allocate them into tiers (reg 6(1)-(4); Schedule 3). Other Rules are prescribed as conduct provisions (reg 7; Schedule 4). Persons subject to the NGL must comply with those provisions and can face civil penalties if they contravene the listed provisions of the NGL or Rules.

Indexation and rounding duty: For penalty amounts that fall under clauses 47A and 47B of Schedule 2 to the NGL, the regulations set an automatic adjustment formula using CPI and rounding rules (reg 13A). Administrators and regulated parties must apply the indexation formula when calculating monetary penalties and must apply the rounding rules (reg 13A(2)) and the non‑decrease rule (reg 13A(3)).

Transitional functions and funding rights: The Gas Review Board is assigned the local appeals board functions under the transitional provisions and is given authority to exercise certain formerly repealed funding regulation functions as though those regulations persisted (reg 15(2)-(3)). That creates institutional rights and duties for the Board and the WA arbitrator in relation to funding and appeals.

Service methods: The regulation prescribes effective service methods for summonses that include service on legal practitioners, methods under the Corporations Act for corporate service, personal service and other alternatives (reg 8(3)(a)-(c), (e)-(f)). Parties must follow these methods to effect service and respond to summonses.

Right to seek Rule changes but with evidentiary threshold: A person may ask for a Rule, but the request must be justified with an explanation of how it furthers the national gas objective and an assessment of benefits and costs (reg 13(1)(d)-(e)). This sets a right to propose regulatory change but requires a substantive evidentiary and consultative record.

Duty of Boards to exercise historic funding powers: Despite repeal of certain WA funding regulations, reg 15(3) permits the Board and the WA arbitrator to exercise funding functions in relation to amounts payable under the old arrangements as if the repealed regulations had not been repealed. That preserves obligations and entitlements related to historical funding arrangements.

By specifying these duties and rights the regulations translate the NGL’s higher‑level provisions into procedural, financial and technical obligations that directly affect behaviour , from filing a Rule request to serving and responding to a summons, and from engaging in an access dispute to understanding whether a pipeline or plant connection falls within the NGL’s scope.

The regulations use two mechanisms to define enforcement exposure: (1) drafting lists of civil penalty provisions and allocating them into tiers, and (2) prescribing a CPI indexation method for monetary penalties set by particular NGL Schedule 2 clauses.

Tiering of civil penalties: Regulation 6 prescribes certain NGL provisions and Rules as civil penalty provisions (reg 6(1)), then designates items listed in Schedule 3 Division 1 as tier 1 civil penalty provisions (reg 6(2)), items in Division 2 as tier 2 civil penalty provisions (reg 6(3)), and items to which s 3A(1)(a) of the NGL applies as tier 3 (reg 6(4); Schedule 3). Schedule 3 explicitly lists NGL sections in each tier. For example, tier 1 includes NGL ss 56, 57, 133-136, 139-141, 143(6), 147, 148, 169(3), 170, 195 and 225, together with certain Rules (Rule 109, Rule 137, Rule 560(1), Rule 562(3), Rule 586(2)). Tier 2 lists NGL ss 131, 168 and 223 and a larger set of Rules (including Rule 33(1), Rule 36, Rule 107, Rule 108, Rule 110, Rule 112, etc.). Tier 3 lists NGL ss 227-228 and Rule 27(4). The NGL itself establishes the maximum penalties for each tier and the enforcement processes; these regulations simply allocate which provisions sit in which tier for WA purposes (reg 6; Schedule 3).

Conduct provisions and enforcement overlap: Regulation 7 and Schedule 4 prescribe particular Rules as conduct provisions. Some of these Rules are also listed as civil penalty provisions in Schedule 3 (for example Rule 109 and Rule 137). The practical effect is that a breach of such a Rule can be pursued under either the conduct provision enforcement mechanisms in the NGL or as a civil penalty depending on the statutory route a regulator or party adopts (reg 7; Schedule 4; Schedule 3).

Indexation of monetary penalties: Regulation 13A prescribes how civil and criminal penalty amounts set by clauses 47A and 47B of Schedule 2 to the NGL are to be adjusted by reference to the ABS All Groups CPI (reg 13A(1)-(4)). The regulation specifies the formula (P = Pc × A/B), rounding rules (reg 13A(2)) and a non‑decrease safeguard (reg 13A(3)). This means monetary maxima or fixed amounts in the Schedule 2 clauses will change annually (or at prescribed intervals) according to the CPI‑based formula, subject to rounding and a floor preserving the previous amount. The regulator and courts will need to apply that formula when calculating updated penalty amounts.

Effective service and summons enforcement: Regulation 8(3) sets out several effective modes of service; some may be contested in practice (for example, leaving a copy “as near as practicable” to the person and informing them of the nature of the summons (reg 8(3)(a)) or the dispute resolution body being satisfied the person received a copy (reg 8(3)(f))). Those alternatives create a range of evidentiary issues that enforcement and dispute bodies must resolve when deciding whether a person was properly served and therefore bound to attend and produce documents.

Dispute resolution body cost orders: Under reg 9, the dispute resolution body may charge parties for its costs in access disputes and apportion those costs between parties. The regulation effects a statutory right for the dispute resolution body to recover costs, and creates an enforcement lever: the body may order payment and apportion costs, which will be enforceable subject to the NGL’s procedural rules and any court recognition mechanisms for decisions of the dispute resolution body.

Fees as administrative enforcement mechanisms: Schedule 5 prescribes monetary fees for administrative applications (e.g., coverage determinations and price regulation exemption applications) and for access dispute notification ($2,750) (Schedule 5). Non‑payment of required fees may be a bar to progressing an application or may trigger other administrative consequences depending on the NGL and administrative procedures. The regulations provide a small‑user exemption for the access dispute notification fee for users consuming less than 1 TJ/year (reg 14(2)), which alters enforcement exposure for small consumers.

Transitional enforcement and funding continuation: Regulation 15(3) expressly permits the Gas Review Board to exercise certain functions under previously repealed funding regulations and the WA arbitrator to exercise related functions , “as if those regulations had not been repealed” , in relation to amounts payable under the earlier funding regulations. This keeps certain funding and enforcement mechanisms operational during the transition (reg 15(3)).

Limitations and procedural guardrails: The regulations provide a non‑decrease safeguard for indexed penalties (reg 13A(3)), rounding rules (reg 13A(2)), and detailed content/service requirements for summonses (reg 8). These are procedural guardrails affecting how penalties are quantified and how enforcement processes proceed.

In short, enforcement under the NGL as applied in WA will be implemented via the tiered civil penalty regime listed in Schedule 3, the conduct provisions in Schedule 4, the indexation mechanics governing monetary penalty values (reg 13A), the dispute resolution body’s power to charge and apportion costs (reg 9), and through prescribed fees and service rules that structure the administrative pathway to enforcement (reg 14; Schedule 5; reg 8).

The regulations operate as a bridge between the NGL and multiple other Commonwealth and State law instruments and administrative records. The text explicitly cross‑references and depends upon several external instruments and laws, and it preserves transitional links to repealed WA instruments.

NGL and National Gas Rules: The regulations function as State‑level implementing rules for the NGL and the National Gas Rules. They prescribe which provisions of the NGL and Rules impose civil penalties (reg 6; Schedule 3) and which Rules are conduct provisions (reg 7; Schedule 4). The substance of enforcement, penalties and Rule‑making remains located in the NGL and Rules; these regulations decide which parts apply in WA and how certain technical elements (like pipeline designation) are applied.

Petroleum Pipelines Act 1969 (WA) and pipeline licences: Schedule 1 (transmission pipelines) and Schedule 2 (connection points) refer to specific pipeline licences issued under the Petroleum Pipelines Act 1969 (for example pipeline licences PL 40, PL 24, PL 16, PL 1, PL 18, PL 19) and to pipeline licences under other State Acts (e.g., NSW Pipelines Act 1967 and Qld Petroleum Act 1923). The regulations therefore overlay the federal NGL framework onto existing State licence regimes by identifying specific licensed pipelines and their connection points (Schedule 1; Schedule 2).

Corporations Act 2001 (Cth): Regulation 8(3)(c) requires that when a summons is served on a corporation, that service may be effected in accordance with the Corporations Act 2001. That imports corporate service rules and authorised agents under the Corporations Act into the NGL dispute summons regime (reg 8(3)(c)).

Energy Arbitration and Review Act 1998 (WA): Regulation 15(1) and (2) refer to the Board defined by the Energy Arbitration and Review Act 1998 and assign it local appeals board functions under the transitional provisions (reg 15(1)-(2)). The Board therefore exercises appeal and review functions within the NGL transitional architecture, linking State bodies to the federal law application.

Gas Pipelines Access Law and transitional provisions: Regulation 15(1) defines the “Gas Pipelines Access Law” and “transitional provisions” in terms of the NGL, National Gas Rules, the Act and prior regulations and states that the Board will have the local appeals board functions under those transitional provisions (reg 15(1)-(2)). The regulation therefore preserves continuity between the older Gas Pipelines Access Law framework and the NGL regime for particular transitional and savings matters.

Schedule references to departmental drawings and records: Schedule 2 frequently references diagrams and drawing numbers held by various State departments (for example Northern Territory Department of Mines and Energy at Darwin; Queensland Department of Mines and Energy at Brisbane; Office of Energy Policy at Adelaide). The regulatory demarcation of pipeline exit points therefore relies on records held under State administrative law practices and departmental custody (Schedule 2). Access to those records and their interpretation will be necessary to operationalise the pipeline definition.

NGL Schedule 2 clauses 47A and 47B: Regulation 13A prescribes indexation for civil and criminal penalty amounts referred to in clauses 47A and 47B of Schedule 2 to the NGL (reg 13A(1)). The regulation therefore modifies the operation of those NGL Schedule 2 clauses by setting the CPI linkage, rounding conventions and fallback index rules (reg 13A(1)-(4)).

Repealed WA funding regulations: Regulation 15(3) preserves certain funding functions from the repealed Gas Pipelines Access (WA) (Funding) Regulations 1999 such that the Board and WA arbitrator can exercise those functions as though the repealed regulations remained in force insofar as amounts payable under regulation 9 of those repealed regulations are concerned (reg 15(3)). This ensures continuity with prior funding obligations.

National economic institutions: Regulation 13A(4) uses the ABS All Groups CPI as the index number for quarterly CPI values, but provides that, if the ABS fails or ceases to publish that index, the Ministerial Council on Energy (MCE) may determine an alternative index (reg 13A(4)). This cross‑references the ABS and the MCE as the ultimate index number sources.

Fees and other Commonwealth administrative instruments: The regulation of fees (reg 14; Schedule 5) interacts procedurally with NGL application processes (e.g., s 92 coverage applications; s 160 price regulation exemption; s 181 notification of an access dispute; s 128 application to the NCC) by setting the administrative fees charged by the State for initiating those processes in WA (reg 14(1); Schedule 5).

In short, these regulations do not stand alone; they import and interlock with Commonwealth law (NGL, NGR, Corporations Act), State licensing regimes (Petroleum Pipelines Act 1969 and others), departmental records, budgetary/funding regimes arising from earlier WA regulations, and national statistical and ministerial mechanisms for indexation (ABS; MCE). Implementation and disputes will therefore often require cross‑reference to these external materials and to the departmental records referenced in Schedule 2.

The regulations include a short history of amendments and marginal notes in specific provisions indicate when particular regulations or schedule items were inserted or changed. The Compilation Table at the end of the instrument provides the statutory amendment chronology.

Original proclamation and commencement: The National Gas Access (WA) (Part 3) Regulations 2009 were gazetted on 31 December 2009 and commenced on 1 January 2010 (Compilation table). They were made to operate when Part 3 of the National Gas Access (WA) Act 2009 came into force (reg 2).

2021 amendment: The National Gas Access (WA) (Part 3) Amendment Regulations 2021 (SL 2021/17) amended the regulations. A marginal note indicates Schedule 4 (conduct provisions) was amended by SL 2021/17 (Schedule 4 amended: SL 2021/17 r.5). The Compilation table shows SL 2021/17 was gazetted 2 February 2021 and came into effect on 2-3 February 2021 depending on the clause (Compilation table).

2024 amendment: The 2024 amendment appears substantial. The National Gas Access (WA) (Part 3) Amendment Regulations 2024 (SL 2024/185) inserted and amended several items. Marginal notes show Regulation 3 was amended (Regulation 3 amended: SL 2024/185 r.4), Regulation 6 was inserted (Regulation 6 inserted: SL 2024/185 r.5), Regulation 13A was inserted (Regulation 13A inserted: SL 2024/185 r.6), and Schedule 3 and related headings were inserted or updated (Heading inserted: SL 2024/185 r.7). The Compilation table records the 2024 instrument was gazetted 4 September 2024 and most of it commenced on 5 September 2024 (Compilation table).

2025 amendment: The National Gas Access (WA) (Part 3) Amendment Regulations 2025 (SL 2025/17) made a limited amendment recorded in the marginal notes: regulation 12 was deleted (12. Deleted: SL 2025/17 r.4). The 2025 instrument was gazetted 22 January 2025 and most of it commenced on 23 January 2025 (Compilation table).

Effect of amendment entries in the text: The presence of marginal notes such as “[Regulation 3 amended: SL 2024/185 r. 4]” or “[Regulation 6 inserted: SL 2024/185 r. 5]” record the statutory history for a particular provision and identify the amending instrument (SL number) and the rule within that instrument that made the change. This helps tracing exact changes and cross‑referencing the gazette notices listed in the Compilation table.

Substantive content changes: The 2024 insertions are significant operationally. Regulation 6 (inserted in 2024) formally prescribes which NGL provisions and Rules are civil penalty provisions and allocates them into three tiers (reg 6 and Schedule 3). Regulation 13A (inserted in 2024) establishes the CPI indexation formula and rounding rules for penalty amounts referred to in NGL Schedule 2 clauses 47A and 47B. These insertions change enforcement mechanics and how monetary penalties evolve over time.

Schedule 4 amendment 2021: The 2021 amendment to Schedule 4 altered the set of conduct provisions; that affects which Rules are treated as conduct provisions (reg 7; Schedule 4 amended note). The specific list in Schedule 4 at present includes several Rules such as Rule 33(1), Rule 36, Rule 107-112, Rule 115(3), Rule 137, Rule 138, Rule 560(1), Rule 562(3) (Schedule 4 as at consolidation).

Deletion in 2025: The deletion of regulation 12 in 2025 is recorded but the text shows r. 10 and r. 11 were intentionally left blank and r.12 deleted; the text no longer contains r.12 content (note before reg 13) (reg 12 deleted: SL 2025/17 r.4). The deletion may be a corrective or housekeeping step without wider operational effect, but the marginal note documents the change.

Practical implication of amendments: The 2024 and 2021 amendments materially affected enforcement and conduct lists and introduced indexation. Practitioners must be alert to these recent insertions when advising clients on penalty exposure and when calculating updated financial penalties. The Compilation table and marginal notes provide the official reference points to verify timing and content of each change.

How to obtain amendment texts and legislative history: The Compilation table provides gazette references and commencement dates for each amending instrument (Compilation table). To confirm the precise wording at any historic date practitioners should consult the gazette notice for the relevant SL instrument and compare the consolidated text at the date of interest.

The instrument itself contains no cases and no litigation history. It is a regulatory instrument setting procedural, technical and administrative rules and does not record judicial decisions or reported litigation. The text does not identify any past court or tribunal determinations that interpret these particular regulations, nor does it list judicial guidance on the effect of Schedule 1 or Schedule 2 demarcations.

Implications for research and advice: Because the regulation text includes specific physical references (drawings, flange locations, departmental records) that can be the subject of factual disputes, litigation or tribunal proceedings may arise in practice,particularly disputes about where legal responsibility for a pipeline begins or ends, or whether a particular flange or weld falls within the regulatory demarcation. However, any such litigation would be external to this instrument and must be sourced from courts, tribunals or dispute resolution decisions rather than from the regulations themselves.

Where to look for case law or administrative decisions: For analyses of how these regulations have been applied, practitioners should consult (a) decisions of the dispute resolution body operating under the NGL in WA (decisions required to be published by the NGL or the relevant regulator), (b) decisions of the Gas Review Board or local appeals board exercising transitional functions (reg 15(2)), and (c) any court decisions where parties have challenged the application or interpretation of the prescribed flange locations, designation of pipelines, or tier allocation of civil penalty provisions. None of those decisions are identified in the regulations; researching them requires searching tribunal and court databases and the published decisions of the NGL dispute resolution body or the relevant State regulator.

If no reported cases are found: If a practitioner finds no reported judicial or tribunal treatment of a particular provision after searching, that absence should be recorded in advice and the practical uncertainties flagged. The regulations’ reliance on extrinsic technical drawings (Schedule 2) and on administrative discretion (for example, the dispute resolution body’s satisfaction that a person received a summons, reg 8(3)(f)) suggests fertile ground for contested procedural rulings in future disputes, but such outcomes must be traced to actual decisions rather than speculated about.

This section pulls out practical traps, ambiguous interfaces and small procedural features that often cause unintended consequences in practice. Each item is tied to the regulation text.

1. Precise flange/weld descriptions rely on departmental drawings and specific local records (Schedule 2). The Schedule regularly ties the prescribed exit flange or connection point to a drawing held by a State department (for example, Northern Territory Department of Mines and Energy; Queensland Department of Mines and Energy; Office of Energy Policy at Adelaide) or to a named P & I drawing with a revision date (Schedule 2). Practitioners should not assume the description is self‑evident; they must obtain the specified drawing and confirm the physical feature. A dispute about whether a particular flange is the prescribed exit flange will turn on the document in the departmental file referenced in Schedule 2.

2. “Extensions and expansions” treated as part of a pipeline (Schedule 1). Schedule 1 repeatedly includes extensions or expansions where, by operation of an access arrangement or under the NGL, those extensions or expansions are to be treated as part of the pipeline. Whether a later physical expansion falls inside the designated pipeline can depend on the applicable access arrangement and NGL application, not simply on geography. Parties must check the operative access arrangement and the NGL’s rules to determine whether a new section is covered (Schedule 1).

3. Overlap between conduct provisions and civil penalty provisions (Schedules 3 and 4). Several Rules appear in both lists (for example Rule 109, Rule 137). That means contraventions can potentially be pursued under multiple statutory routes. Advisers must assess which enforcement pathway is being used because procedural consequences, available remedies and evidentiary standards can differ (reg 6; reg 7; Schedules 3-4).

4. Effective service variants in reg 8(3) create evidentiary traps. Service by placing a copy “as near as practicable” and informing the person (reg 8(3)(a)) or the dispute resolution body being satisfied the person received a copy (reg 8(3)(f)) can be contested on facts. Filing an answer operates as effective service (reg 8(3)(e)), which creates tactical considerations: a party who inadvertently files an answer accepts service; a party who is aware of a summons but does not want to be treated as served must avoid filing an answer pending service disputes.

5. Small‑user exemption threshold is explicit and narrow (reg 14(2)). The exemption from the $2,750 notification fee applies only if “the notification is made by a user consuming less than 1 terajoule of gas per year” (reg 14(2)). The regulation does not prescribe aggregation rules for multiple small users; it speaks of “the user” submitting the notification. Parties should consider how consumption is measured and whether aggregation across related entities or metering arrangements might disqualify the exemption.

6. Indexation formula base and first adjustment timing (reg 13A(1)). The formula sets B as the sum of index numbers for the four quarters in 2019, and the first adjustment A as the sum of index numbers for the four quarters in the 2022 calendar year (reg 13A(1)(a)-(b)). That odd sequencing means the first adjustment leapfrogs 2020-21 and immediately compares to 2022, which could produce a larger step adjustment depending on CPI movements. Practitioners calculating penalty amounts must use the precise base and first‑adjustment definition.

7. Rounding rules and non‑decrease rule (reg 13A(2)-(3)). After the CPI formula produces a number to three decimal places, the amount is rounded to the nearest $100 or $10 depending on size (reg 13A(2)). If the indexed amount would be less than the previous amount, the prior amount continues to apply (reg 13A(3)). These rules can produce step changes in penalty amounts that are not strictly proportional to CPI and can produce asymmetric outcomes (penalties can rise but not fall).

8. Fees prescribed here are not automatically indexed by reg 13A. Regulation 13A applies to penalty amounts in Schedule 2 to the NGL (clauses 47A and 47B) (reg 13A(1)). Schedule 5 fees are prescribed in these regulations (reg 14(1); Schedule 5) but the text does not say Schedule 5 fees are index‑adjusted under reg 13A. Practitioners should not assume Schedule 5 fees will change with CPI absent a separate provision authorising that adjustment.

9. Transitional funding powers preserved despite repeal (reg 15(3)). Despite repeal of the old funding regulations, the Board and WA arbitrator may exercise specified functions “as if those regulations had not been repealed” in relation to amounts payable under regulation 9 of the repealed regulations (reg 15(3)). This creates a potential archival complexity: current funding claims may be governed by provisions that are formally repealed but preserved by reg 15(3). Check historical documents and the repealed regulations to see what funding entitlements and methods persist.

10. Cross‑jurisdictional drawings and records: Schedule 2 references drawings and records held by multiple State departments across jurisdictions. Access to those records may depend on State archival or records requests, and the requirement to locate an older drawing (for instance a 1984 or 1986 revision) can be time‑consuming in evidence collection.

11. The regulations rely on the ABS CPI but give the MCE a fallback (reg 13A(4)). If ABS ceases to publish the All Groups CPI (eight capital cities), the Ministerial Council on Energy may determine another index. That fallback introduces a political or administrative decision into penalty indexation if the ABS indexing is interrupted.

12. No litigation history recorded: The regulations include no judicial guidance about interpretation. Where factual ambiguity exists (e.g., which physical flange is “immediately upstream” of a particular item), outcomes will likely turn on factual evidence and the referenced drawings, not on precedent found in these regulations.

13. Procedural particulars required in Rule requests may increase upfront compliance costs (reg 13(1)). A Rule request must explain how the Rule furthers the national gas objective and provide a benefits/costs assessment and consultation summary in certain cases. Applicants should budget for economic and consultative work up front.

These “gotchas” are features that commonly trip up parties who treat the regulation text as high level. Practical compliance requires confirming departmental records, precise metering and flange positions, careful evidence of service, and attention to how fees and penalties are computed and adjusted.

This section sets out a practical checklist and steps for the principal actor groups to minimise enforcement risk and to ensure administrative compliance with these regulations.

Pipeline owners/operators (designated pipelines, Schedule 1)

• Confirm whether your pipeline is included in Schedule 1 as a designated pipeline (reg 4(1); Schedule 1). If so, confirm the effective WA commencement date and any extensions/expansions that may be treated as part of the pipeline (reg 4(2); Schedule 1).
• Review applicable access arrangements and the NGL to determine obligations for extensions/expansions that Schedule 1 states “are to be treated as part of the pipeline” by operation of an access arrangement or under the NGL (Schedule 1).
• Update compliance manuals and contracts to reflect NGL requirements and the potential applicability of civil and conduct provisions listed in Schedules 3 and 4 (reg 6; reg 7; Schedules 3-4).

Owners/operators of gas processing plants or connected facilities (Schedule 2)

• Obtain and catalogue the specific drawings and departmental records referenced in Schedule 2 that identify the prescribed exit flange or connection point for your plant (reg 5; Schedule 2). The Schedule repeatedly references specific drawing numbers and departmental holdings.
• Confirm whether your plant’s flange or connection point falls within the regulated pipeline definition. If there is uncertainty, obtain a technical survey and a legal opinion tying the physical configuration to the Schedule 2 description.
• For new connections or changes, assess whether an extension or expansion may change the pipeline definition or the allocation of responsibility under the NGL.

Users seeking to notify an access dispute or make applications under the NGL

• If you intend to notify an access dispute, determine whether the notifying user consumes less than 1 terajoule per year to see if the Schedule 5 notification fee ($2,750) is payable (reg 14(2); Schedule 5 item 6). Document consumption measurement practices to rely on the exemption.
• Budget for and pay the Schedule 5 application fees where applicable (reg 14(1); Schedule 5). Confirm current amounts in the government consolidated legislation database as they may change by amendment.
• If initiating a Rule request under s 295 or s 298 of the NGL, prepare the request in writing and include the specific elements listed in reg 13(1): name/address, proposed Rule description, nature/scope of the issue, how the Rule addresses it, contribution to the national gas objective, expected benefits/costs, and, where applicable, a summary of consultation (reg 13(1)(a)-(f); reg 13(2)).

Parties engaged in access disputes and legal advisers

• For any summons issued by the dispute resolution body, ensure that the summons contains the elements required by reg 8(1): name/address, proper description of required documents, and the date/time/place for hearing (reg 8(1)(a)-(c)). If representing a corporation, ensure an appropriate officer is nominated to attend and produce documents (reg 8(1)(b)(ii)).
• Understand effective service routes under reg 8(3). For corporations, use service methods permitted by the Corporations Act 2001 if practical (reg 8(3)(c)). Avoid filing an answer unless you intend to treat service as effective, because filing an answer is itself effective service (reg 8(3)(e)).
• Prepare to meet the dispute resolution body’s costs. The body may charge and apportion costs under reg 9. Seek clarity from the body about its cost recovery practice and possible cost orders to inform settlement strategy (reg 9).

Regulatory applicants and bodies

• Ensure Rule requests by gas market regulatory bodies comply with the consultation summary requirement where s 305(1)(a) circumstances apply (reg 13(1)(f)).
• If you are a regulator or board implementing fines, apply the indexation formula in reg 13A when adjusting penalty amounts that fall under clauses 47A and 47B of Schedule 2 to the NGL. Use the specified base year (2019) and the first adjustment year (2022) conventions, and apply rounding rules and the non‑decrease rule (reg 13A(1)-(3)). Record calculations and rounding methodology to withstand later scrutiny.

Finance and compliance teams

• For budgeting, distinguish Schedule 5 fees and indexed penalty amounts. Reg 13A applies to penalty amounts in NGL Schedule 2,not to Schedule 5 fees unless a separate provision requires that (reg 13A; Schedule 5). Monitor legislative amendments that may change fee indexing status.
• Keep a register of all pipeline, plant connection and drawing references in Schedule 2 and the relevant departmental custody locations. Ensure a chain of custody and evidence trail exists so that flange descriptions can be proven if contested.

Governance and contracts

• Contractual allocations of responsibility for metering, connections and access obligations should explicitly reference the prescribed exit flanges and connection points in Schedule 2 where applicable. Technical annexures should attach the same drawings or cross‑references identified in Schedule 2 to avoid ambiguity in disputes.
• Include dispute resolution budgeting and potential cost apportionment clauses in commercial contracts, accounting for the dispute resolution body’s power to charge costs (reg 9).

Transitional issues and appeals

• If your matter involves historically governed activities under WA’s Gas Pipelines Access Law or the repealed funding regulations, confirm how the transitional provisions and reg 15 operate. The Gas Review Board has local appeals board functions for transitional matters and may exercise some repealed funding functions as if the old regulations remained in force for amounts payable under those rules (reg 15(2)-(3)). Obtain advice on how transitional arrangements affect ongoing funding and appeal rights.

Documentary and evidence‑gathering

• For any proceedings or notifications, assemble the technical drawings, pipeline licence references (Petroleum Pipelines Act licences), access arrangements and consumption measurement records needed to prove whether a particular facility or user falls within the regulations’ scope (Schedule 1; Schedule 2; Schedule 5; reg 14(2)).

Monitoring and legislative watch

• Maintain an amendment watch. The regulations were amended in 2021 (SL 2021/17), 2024 (SL 2024/185) and 2025 (SL 2025/17) with significant insertions (e.g., reg 6, reg 13A) (Compilation table). Track SL instruments to catch future changes to schedules and tier allocations.

Practical checklists

• Before notifying an access dispute: confirm consumption < 1 TJ if seeking fee exemption; obtain and lodge any necessary evidence; budget for possible cost orders; prepare for summons and service technicalities.
• Before commencing or replying to a Rule request: assemble technical, economic and consultative evidence required by reg 13(1)(c)-(f).
• Before imposing or contesting a penalty: identify whether the alleged contravention falls into tier 1, 2 or 3 by checking Schedule 3; apply the indexation formula where relevant (reg 13A) and apply rounding rules (reg 13A(2)); check the conduct provisions listed in Schedule 4 if an enforcement action is based on conduct obligations.

In all cases, base operational steps on the operative consolidated text of the regulations and the current NGL and Rules. Where there is ambiguity about flange locations, obtain the referenced departmental drawing and, if necessary, expert evidence tying the drawing to the physical asset. Maintain contemporaneous records of service and responses to summonses and consult the dispute resolution body’s practice statements for cost apportionment procedures.