sec.2Definitions

sec.2 Definitions

In this Law— 15-year no-coverage determination ... s 2 def 15-year no-coverage determination om 2022 No. 21 (SA) s 12 (1) ACCC means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth; access arrangement means an arrangement setting out terms and conditions about access to pipeline services provided or to be provided by means of a scheme pipeline; s 2 def access arrangement amd 2022 No. 21 (SA) s 12 (2) access determination means a determination of the relevant adjudicator for an access dispute under Chapter 5 Part 5 and includes a determination varied under Part 6 of that Chapter; s 2 def access determination amd 2022 No. 21 (SA) s 12 (3) access dispute means a dispute between a user or prospective user and a service provider about 1 or more aspects of access to a pipeline service provided by means of a pipeline and includes a matter that is deemed to be an access dispute under the Rules; s 2 def access dispute ins 2022 No. 21 (SA) s 12 (4) adoptive jurisdiction means a participating jurisdiction for which AEMO is authorised to exercise its declared system functions or STTM functions; s 2 def adoptive jurisdiction ins 2009 No. 30 (SA) s 6 (2) amd 2011 No. 7 (SA) s 4 (1) AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia; AEMO amendments means— the amendments to this Law made by the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009 ; and the amendments to the Rules made by the National Gas (South Australia) (National Gas Rules—Australian Energy Market Operator) Amendment Rules 2009 ; and the Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a) ; s 2 def AEMO amendments ins 2009 No. 30 (SA) s 6 (2) AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth; AER Compliance Procedures and Guidelines has the meaning given by section 64F ; s 2 def AER Compliance Procedures and Guidelines ins 2022 No. 21 (SA) s 12 (5) AER economic regulatory decision means a decision (however described) of the AER under this Law or the Rules performing or exercising an AER economic regulatory function or power; AER economic regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to the economic regulation of pipeline services provided by a service provider— by means of; or in connection with, a pipeline and includes a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to— the preparation of a service provider performance report; a ring fencing decision; an applicable access arrangement decision; an access determination (if the AER is the dispute resolution body); The application of a rate of return instrument under this Law is an AER economic regulatory function or power. See section 30Q (2) . s 2 def AER economic regulatory function or power amd 2018 No. 33 (SA) s 13 (1) ; 2022 No. 21 (SA) s 12 (6) AER gas price reporting functions means the functions of the AER performed under section 27 (1) (fa) ; s 2 def AER gas price reporting functions ins 2022 No. 3 (SA) s 4 (1) AER ring fencing determination means a determination of the AER under section 143 (1) ; AER trial waiver functions means the functions conferred on the AER under Chapter 2 Part 1 Division 1B ; s 2 def AER trial waiver functions ins 2022 No. 22 (SA) s 32 (1) AER wholesale market monitoring functions —the AER wholesale market monitoring functions are set out in section 30AC (1) ; s 2 def AER wholesale market monitoring functions ins 2024 No. 12 (SA) s 13 (1) AER wholesale market reporting functions —the AER wholesale market reporting functions are set out in section 30AC (2) ; s 2 def AER wholesale market reporting functions ins 2024 No. 12 (SA) s 13 (1) annual turnover has the same meaning as in section 2 (1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth; s 2 def annual turnover ins 2020 No. 37 (SA) s 47 (1) applicable access arrangement means an access arrangement that has taken effect after being approved or made by the AER under the Rules and includes an applicable access arrangement as varied— under the Rules; or by an access determination as provided by this Law or the Rules; s 2 def applicable access arrangement amd 2022 No. 21 (SA) s 12 (7) applicable access arrangement decision means a decision of the AER under the Rules that— approves or does not approve an access arrangement or revisions to an applicable access arrangement submitted to the AER under section 113 or the Rules; or makes an access arrangement— in place of an access arrangement the AER does not approve in that decision; or because a scheme pipeline service provider does not submit an access arrangement in accordance with section 113 or the Rules; or makes revisions to an access arrangement— in place of revisions submitted to the AER under section 113 that the AER does not approve in that decision; or because a scheme pipeline service provider does not submit revisions to the AER under section 113 ; s 2 def applicable access arrangement decision sub 2022 No. 21 (SA) s 12 (8) application Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law; s 2 def application Act ins 2009 No. 30 (SA) s 6 (2) approved associate contract means an associate contract approved by the AER under an associate contract decision; associate in relation to a person has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13 , 16 (2) and 17 did not form part of that Act; associate contract means— a contract, arrangement or understanding between a service provider and an associate of the service provider in connection with the provision of an associate pipeline service; or a contract, arrangement or understanding between a service provider and any person in connection with the provision of an associate pipeline service— that provides a direct or indirect benefit to an associate; and that is not at arm’s length; associate contract decision means a decision of the AER under the Rules that approves or does not approve an associate contract for the purposes of Chapter 4 Part 2 Division 4 ; s 2 def associate contract decision amd 2022 No. 21 (SA) s 12 (9) associate pipeline service means a pipeline service provided by means of a pipeline other than a pipeline to which a greenfields incentive determination applies; s 2 def associate pipeline service amd 2022 No. 21 (SA) s 12 (10) Australian Energy Market Operator or AEMO means Australian Energy Market Operator Limited (ACN 072 010 327); s 2 def Australian Energy Market Operator or AEMO ins 2009 No. 30 (SA) s 6 (2) bilateral trading agreement , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def bilateral trading agreement ins 2024 No. 12 (SA) s 13 (2) BB Procedures means Procedures directed at regulating the Gas Bulletin Board; s 2 def BB Procedures ins 2009 No. 30 (SA) s 6 (2) amd 2023 No. 36 (SA) s 6 (1) biogas means a gas derived or recovered from organic matter other than fossilised organic matter; s 2 def biogas ins 2023 No. 36 (SA) s 6 (2) biomethane means a substance— that is in a gaseous state at standard temperature and pressure; and the principal constituent of which is methane; and that is produced by refining biogas; and that is suitable for consumption; s 2 def biomethane ins 2023 No. 36 (SA) s 6 (2) blend processing facility means a facility for 1, or more, of the following: the blending of 1 or more primary gases, with or without other substances, for injection into a pipeline; the separation of a gas blend withdrawn from a pipeline into constituent gases before re-injection into a pipeline as— a primary gas; or a gas blend; s 2 def blend processing facility ins 2023 No. 36 (SA) s 6 (2) blend processing service means a service provided by means of a blend processing facility; s 2 def blend processing service ins 2023 No. 36 (SA) s 6 (2) blend processing service provider means a person who owns, operates or controls a blend processing facility; s 2 def blend processing service provider ins 2023 No. 36 (SA) s 6 (2) Bulletin Board information means information that— a person gives to AEMO or the AER to comply with Chapter 7 (or any Rules under that Chapter); or a person gives to AEMO in its capacity as operator of the Gas Bulletin Board in circumstances expressly permitted by the Rules; s 2 def Bulletin Board information sub 2009 No. 30 (SA) s 6 (1) – (2) amd 2018 No. 23 (SA) s 4 (1) ; 2022 No. 3 (SA) s 4 (2) ; 2023 No. 36 (SA) s 6 (3) Bulletin Board operator ... s 2 def Bulletin Board operator om 2009 No. 30 (SA) s 6 (1) capacity auction means an auction conducted by AEMO through which a person may buy transportation capacity; s 2 def capacity auction ins 2018 No. 23 (SA) s 4 (2) capacity auction agreement means an agreement that relates to participation in a capacity auction and to which AEMO and persons participating in the capacity auction are parties; s 2 def capacity auction agreement ins 2018 No. 23 (SA) s 4 (2) capacity auction functions of AEMO are set out in section 91BRM (1) ; s 2 def capacity auction functions ins 2018 No. 23 (SA) s 4 (2) capacity auction information means information that–– a person gives to AEMO, to comply with section 91FEE (1) ; or a person gives, in circumstances expressly required or permitted by the Procedures or Rules— to AEMO in its capacity as operator of a capacity auction in which the person participates; or to AEMO in its capacity as operator of a regulated gas market or a gas trading exchange if that information is to be used for the purpose of a capacity auction in which the person participates; s 2 def capacity auction information ins 2018 No. 23 (SA) s 4 (2) capacity auction participant means a person (other than AEMO) who is, or who was at the relevant time, a party to a capacity auction agreement; s 2 def capacity auction participant ins 2018 No. 23 (SA) s 4 (2) Capacity Transfer and Auction Procedures means Procedures directed at the operation and administration of capacity auctions and transaction support arrangements; s 2 def Capacity Transfer and Auction Procedures ins 2018 No. 23 (SA) s 4 (2) changeover date means— a date fixed by or under legislation of a participating jurisdiction for AEMO’s assumption of responsibility for the operation of a gas market in the relevant jurisdiction under this Law and the Rules; or a date fixed by Ministerial Gazette notice as the changeover date; The changeover date may vary from gas market to gas market, from provision to provision and from jurisdiction to jurisdiction. In addition, AEMO’s assumption of statutory functions in a particular participating jurisdiction may occur in stages on different changeover dates. s 2 def changeover date ins 2009 No. 30 (SA) s 6 (2) charge , in relation to a pipeline service, means the amount that is payable by a user to a service provider for the provision of the pipeline service to that user; civil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings but does not include a liability for a civil penalty or an infringement penalty under this Law or a liability for the costs of a proceeding; s 2 def civil monetary liability ins 2009 No. 30 (SA) s 6 (2) civil penalty —see section 3A ; s 2 def civil penalty sub 2020 No. 37 (SA) s 47 (2) civil penalty provision has the meaning given by section 3 ; classification decision means a decision of the AER under Chapter 3 Part 6 Division 1 ; s 2 def classification decision ins 2022 No. 21 (SA) s 12 (11) classification decision under the Rules ... s 2 def classification decision under the Rules om 2022 No. 21 (SA) s 12 (11) commission , in relation to a pipeline, has the meaning given by section 12 ; Commonwealth Minister means the Minister of the Commonwealth administering the Australian Energy Market Act 2004 of the Commonwealth; compression service facility means— a designated compression service facility; or any other facility or part of a facility (whether or not forming part of another facility or located on or connected to another facility) for compressing covered gas other than— a facility operated as part of a gathering system operated as part of an upstream producing operation for processable gas; or anything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes; s 2 def compression service facility ins 2018 No. 23 (SA) s 4 (2) amd 2023 No. 36 (SA) s 6 (4) – (5) compression service provider means a person who owns, controls or operates a compression service facility; s 2 def compression service provider ins 2022 No. 3 (SA) s 4 (3) conduct provision has the meaning given by section 4 ; constituent components , in relation to a designated regulatory decision, means the matters that constitute the elements or components of the designated regulatory decision and on which that designated regulatory decision is based and includes— matters that go to the making of the designated regulatory decision; and decisions made by the AER for the purposes of the designated regulatory decision; s 2 def constituent components ins 2013 No. 79 (SA) s 19 (1) amd 2021 No. 3 (SA) s 33 (1) coverage determination ... s 2 def coverage determination om 2022 No. 21 (SA) s 12 (12) coverage recommendation ... s 2 def coverage recommendation om 2022 No. 21 (SA) s 12 (12) coverage revocation determination ... s 2 def coverage revocation determination om 2022 No. 21 (SA) s 12 (12) coverage revocation recommendation ... s 2 def coverage revocation recommendation om 2022 No. 21 (SA) s 12 (12) covered gas means the following: a primary gas; a gas blend; s 2 def covered gas ins 2023 No. 36 (SA) s 6 (6) covered gas industry includes— activities and transactions relating to the following: processable gas; biogas; covered gas, including liquefied natural gas, and covered gas services; covered gas industry facilities; services provided by means of covered gas industry facilities; and activities and transactions relating to petroleum tenements; and any other activity or transaction, or type of activity or transaction, specified by the Regulations for the purpose of this definition; s 2 def covered gas industry ins 2023 No. 36 (SA) s 6 (6) covered gas industry facility means the following: a blend processing facility; a compression service facility; a gas processing plant; an LNG facility; a pipeline; a storage facility; a user facility; another facility of a type specified by the Regulations for the purpose of this definition; s 2 def covered gas industry facility ins 2023 No. 36 (SA) s 6 (6) covered gas service means the following: a pipeline service; the supply of covered gas; a service ancillary to the service described in paragraph (b) ; s 2 def covered gas service ins 2023 No. 36 (SA) s 6 (6) covered pipeline ... s 2 def covered pipeline om 2022 No. 21 (SA) s 12 (12) covered pipeline service provider ... s 2 def covered pipeline service provider om 2022 No. 21 (SA) s 12 (12) cross boundary distribution pipeline ... s 2 def cross boundary distribution pipeline om 2022 No. 21 (SA) s 12 (12) cross boundary transmission pipeline ... s 2 def cross boundary transmission pipeline om 2022 No. 21 (SA) s 12 (12) declared distribution system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; s 2 def declared distribution system ins 2009 No. 30 (SA) s 6 (2) declared LNG storage provider of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; s 2 def declared LNG storage provider ins 2009 No. 30 (SA) s 6 (2) declared system functions —AEMO’s declared system functions are as set out in section 91BA (1) ; s 2 def declared system functions ins 2009 No. 30 (SA) s 6 (2) declared system provisions means— Chapter 2 Part 6 Division 2 ; and the Rules regulating the declared wholesale gas market of an adoptive jurisdiction or otherwise relevant to Chapter 2 Part 6 Division 2 ; s 2 def declared system provisions ins 2009 No. 30 (SA) s 6 (2) declared transmission system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; s 2 def declared transmission system ins 2009 No. 30 (SA) s 6 (2) declared wholesale gas market means the wholesale market for covered gas defined in the application Act of an adoptive jurisdiction; s 2 def declared wholesale gas market ins 2009 No. 30 (SA) s 6 (2) amd 2023 No. 36 (SA) s 6 (7) designated compression service facility means a facility or part of a facility for compressing covered gas prescribed by the Regulations as a designated compression service facility; s 2 def designated compression service facility ins 2018 No. 23 (SA) s 4 (2) amd 2023 No. 36 (SA) s 6 (8) designated pipeline means a pipeline classified by the Regulations, or designated in the application Act of a participating jurisdiction, as a designated pipeline and includes an extension to, or expansion of the capacity of, the pipeline that is taken to be part of the pipeline under section 18 ; A designated pipeline is a scheme pipeline. See the definition of scheme pipeline . s 2 def designated pipeline sub 2009 No. 30 (SA) s 6 (1) – (2) ; 2022 No. 21 (SA) s 12 (13) designated regulatory decision means an applicable access arrangement decision (other than a decision that does not approve an access arrangement), or a decision prescribed by the Regulations to be a designated regulatory decision; s 2 def designated regulatory decision ins 2013 No. 79 (SA) s 19 (2) amd 2021 No. 3 (SA) s 33 (2) – (3) ; 2022 No. 21 (SA) s 12 (14) developable capacity means the difference between the current capacity of a pipeline and the capacity of a pipeline which would be available if a new facility was constructed, but does not include any new capacity of a pipeline resulting from an extension to the geographic range of a pipeline; s 2 def developable capacity amd 2022 No. 21 (SA) s 12 (15) disposal ... s 2 def disposal ins 2018 No. 23 (SA) s 4 (2) om 2022 No. 3 (SA) s 4 (4) dispute resolution body means the AER; In Western Australia, under the National Gas Access (WA) Act 2009 of Western Australia, section 9 , the dispute resolution body generally is the entity known as the Western Australian Energy Disputes Arbitrator. Dispute resolution panel means a person or panel of persons appointed under the Rules to hear and determine a rule dispute; s 2 def Dispute resolution panel ins 2009 No. 30 (SA) s 6 (2) distribution pipeline means a pipeline that— is classified as a distribution pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or if the licence or authorisation mentioned in paragraph (a) does not include a classification of the pipeline—is classified by the AER as a distribution pipeline, and includes a pipeline that is reclassified by the AER as a distribution pipeline; See Chapter 3 Part 6 in relation to the classification and reclassification of pipelines. See also sections 18 and 19 . s 2 def distribution pipeline sub 2022 No. 21 (SA) s 12 (16) distributor means, except where elsewhere defined in this Law, a service provider who owns, operates or controls a scheme pipeline that is a distribution pipeline; s 2 def distributor ins 2011 No. 7 (SA) s 50 (1) amd 2022 No. 21 (SA) s 12 (17) draft Rule determination means a determination of the AEMC under section 308 ; east coast gas system means the following, located wholly or partly within an east coast jurisdiction: a covered gas industry facility; a regulated gas market; a gas trading exchange for which AEMO has established a gas trading exchange agreement; a system, market or other thing specified by the Rules; s 2 def east coast gas system ins 2023 No. 7 (SA) s 4 (1) amd 2023 No. 36 (SA) s 6 (9) east coast gas system direction , for Part 6 Division 1A —see section 91AF (1) ; s 2 def east coast gas system direction ins 2023 No. 7 (SA) s 4 (1) East Coast Gas System Procedures , for Part 6 Division 1A —see section 91AD (1) (h) ; s 2 def East Coast Gas System Procedures ins 2023 No. 7 (SA) s 4 (1) east coast gas system reliability and supply adequacy functions of AEMO are set out in section 91AD ; s 2 def east coast gas system reliability and supply adequacy functions ins 2023 No. 7 (SA) s 4 (1) east coast jurisdiction means a participating jurisdiction other than Western Australia; s 2 def east coast jurisdiction ins 2023 No. 7 (SA) s 4 (1) ECA amendments means the amendments to this Law made by the Statutes Amendment (Energy Consumers Australia) Act 2014 of South Australia; s 2 def ECA amendments ins 2014 No. 21 (SA) s 26 (1) effective competition , for Chapter 2 Part 1 Division 1AA —see section 30AB ; s 2 def effective competition ins 2024 No. 12 (SA) s 13 (3) end user means a person who acquires covered gas for consumption purposes, and includes a retail customer; s 2 def end user sub 2011 No. 7 (SA) s 50 (2) amd 2023 No. 36 (SA) s 6 (10) Energy Consumers Australia or ECA means the company incorporated, or to be incorporated, by the name Energy Consumers Australia Limited; s 2 def Energy Consumers Australia or ECA ins 2014 No. 21 (SA) s 26 (2) energy ombudsman has the same meaning as in the National Energy Retail Law; s 2 def energy ombudsman ins 2011 No. 7 (SA) s 50 (1) Energy Security Board means the Energy Security Board referred to in section 2 (1) of the NEL; s 2 def Energy Security Board ins 2018 No. 12 (SA) s 21 (2) ERA means the Economic Regulation Authority established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia; excluded infrastructure , in relation to a pipeline, means tanks, reservoirs, machinery, equipment or other infrastructure that forms part of the pipeline but is classified by the Rules as excluded infrastructure for the purposes of this Law; s 2 def excluded infrastructure ins 2022 No. 21 (SA) s 12 (18) exempted participant means a person exempted from registration as a Registered participant; s 2 def exempted participant ins 2009 No. 30 (SA) s 6 (2) extension and expansion requirements means— the requirements contained in an access arrangement that, in accordance with the Rules, specify— the circumstances when an extension to a scheme pipeline is to be treated as forming part of the scheme pipeline; and whether the pipeline services provided or to be provided by means of, or in connection with, spare capacity arising out of an extension to a scheme pipeline will be subject to the applicable access arrangement applying to the pipeline services to which that arrangement applies; and whether an extension to, or expansion of the capacity of, a scheme pipeline will affect a reference tariff and, if so, the effect on the reference tariff; and any other requirements specified by the Rules as extension and expansion requirements; See also sections 18 and 19 . s 2 def extension and expansion requirements amd 2022 No. 21 (SA) s 12 (19) final Rule determination means a determination of the AEMC under section 311 ; financial risk management product , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def financial risk management product ins 2024 No. 12 (SA) s 13 (4) foreign company has the same meaning as in the Corporations Act 2001 of the Commonwealth; foreign source means— source beyond the outer limits of all of the following: the adjacent area of this jurisdiction; the adjacent area of another participating jurisdiction; or a source within the joint petroleum development area (within the meaning of the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth); former gas market operator means any of the following: VENCorp; Gas Market Company Limited (ACN 095 400 258); in relation to South Australia (but not Western Australia)—Retail Energy Market Company Limited (ACN 103 318 556); the gas retail market operator appointed under section 257A of the Gas Supply Act 2003 (Qld) ; s 2 def former gas market operator ins 2009 No. 30 (SA) s 6 (2) form of regulation factors has the meaning given by section 16 ; full access arrangement ... s 2 def full access arrangement om 2022 No. 21 (SA) s 12 (20) full access arrangement decision ... s 2 def full access arrangement decision om 2022 No. 21 (SA) s 12 (20) gas blend means primary gases that have been blended together; s 2 def gas blend ins 2023 No. 36 (SA) s 6 (11) Gas Bulletin Board means the website maintained by AEMO that contains information of the kind specified in the Rules for the covered gas industry; s 2 def Gas Bulletin Board ins 2023 No. 36 (SA) s 6 (11) Gas Code means the National Third Party Access Code for Natural Gas Pipeline Systems set out in Schedule 2 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as in force from time to time before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia; gas contract , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def gas contract ins 2024 No. 12 (SA) s 13 (5) gas market operator ... s 2 def gas market operator om 2009 No. 30 (SA) s 6 (1) gas powered generator means the owner, controller or operator of a generating system, within the meaning of the National Electricity Rules , that is powered by covered gas; s 2 def gas powered generator ins 2023 No. 7 (SA) s 4 (2) amd 2023 No. 36 (SA) s 6 (12) gas statement of opportunities means the statement published under Chapter 2 Part 6 Division 4 ; s 2 def gas statement of opportunities ins 2009 No. 30 (SA) s 6 (2) gas trading exchange means a facility through which persons may elect to buy and sell covered gas or related goods or services, including a pipeline capacity right; s 2 def gas trading exchange ins 2013 No. 54 (SA) s 4 (1) amd 2023 No. 36 (SA) s 6 (13) – (14) gas trading exchange agreement means an agreement that relates to participation in, and the operation and administration of, a gas trading exchange established by AEMO to which AEMO (or a person appointed by AEMO to operate the gas trading exchange), and a person who becomes a member of the exchange, are parties; s 2 def gas trading exchange agreement ins 2013 No. 54 (SA) s 4 (1) gas trading exchange functions —AEMO’s gas trading exchange functions are as set out in section 91BRK ; s 2 def gas trading exchange functions ins 2013 No. 54 (SA) s 4 (1) gas trading exchange member means a person who is (or who was at the relevant time) a member of a gas trading exchange under a gas trading exchange agreement; s 2 def gas trading exchange member ins 2013 No. 54 (SA) s 4 (1) general market information order means an order under section 91F (1) (a) requiring information from persons of a class specified in the order; s 2 def general market information order ins 2009 No. 30 (SA) s 6 (2) general regulatory information order has the meaning given by section 45 ; greenfields incentive determination has the meaning given by section 100 ; s 2 def greenfields incentive determination ins 2022 No. 21 (SA) s 12 (21) greenfields pipeline incentive ... s 2 def greenfields pipeline incentive om 2022 No. 21 (SA) s 12 (21) greenfields pipeline project means a project for the construction of— a pipeline that is to be structurally separate from any existing pipeline; or a major extension to an existing pipeline; s 2 def greenfields pipeline project ins 2022 No. 21 (SA) s 12 (21) greenfields price protection determination has the meaning given by section 109 ; s 2 def greenfields price protection determination ins 2022 No. 21 (SA) s 12 (21) GSOO information means information that— a person gives to AEMO to comply with section 91DB ; or a person gives to AEMO for the preparation of the gas statement of opportunities in circumstances expressly permitted by the Rules; s 2 def GSOO information ins 2022 No. 3 (SA) s 4 (5) GSOO Procedures means Procedures directed at regulating the collection of information for the gas statement of opportunities; s 2 def GSOO Procedures ins 2022 No. 3 (SA) s 4 (5) GTE amendments means the amendments to this Law made by the National Gas (South Australia) (Gas Trading Exchanges) Amendment Act 2013 ; s 2 def GTE amendments ins 2013 No. 54 (SA) s 4 (2) haulage , in relation to covered gas, includes conveyance or reticulation of covered gas; s 2 def haulage amd 2023 No. 36 (SA) s 6 (15) initial classification decision ... s 2 def initial classification decision om 2022 No. 21 (SA) s 12 (22) initial National Gas Procedures means National Gas Procedures made under section 294A and includes Wholesale Market Procedures and BB Procedures in force immediately before the commencement of the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009 ; s 2 def initial National Gas Procedures ins 2009 No. 30 (SA) s 6 (2) initial National Gas Rules means the Initial National Gas Rules made under Chapter 9 Part 2 ; s 2 def initial National Gas Rules sub 2009 No. 30 (SA) s 6 (1) – (2) amd 2009 No. 46 (SA) s 4 (2) ; 2011 No. 7 (SA) s 50 (2) ; 2014 No. 21 (SA) s 26 (3) ; 2018 No. 12 (SA) s 21 (1) initial Operational Transportation Service Code means the Operational Transportation Service Code made under section 294DA ; s 2 def initial Operational Transportation Service Code ins 2018 No. 23 (SA) s 4 (2) innovative trial principles —see section 24A ; s 2 def innovative trial principles ins 2022 No. 22 (SA) s 32 (2) international pipeline ... s 2 def international pipeline om 2022 No. 21 (SA) s 12 (22) jurisdictional determination criteria ... s 2 def jurisdictional determination criteria om 2022 No. 21 (SA) s 12 (22) jurisdictional gas legislation means an Act of a participating jurisdiction (other than national gas legislation), or any instrument made or issued under or for the purposes of that Act, that regulates the haulage of gas in that jurisdiction; jurisdictional regulator means— for New South Wales—the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5 (1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales; for Victoria—the Essential Services Commission established by section 7 (1) of the Essential Services Commission Act 2001 of Victoria; for Queensland—the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland; for South Australia—the Essential Services Commission established by section 4 (1) of the Essential Services Commission Act 2002 of South Australia; for Tasmania—the Director of Gas appointed under section 7 of the Gas Act 2000 of Tasmania; for the Australian Capital Territory—the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5 (1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory; any other person or body— to which the functions of the jurisdictional regulator for a participating jurisdiction are assigned by or under an Act of the participating jurisdiction; or that is prescribed by the Regulations as jurisdictional regulator of a participating jurisdiction; s 2 def jurisdictional regulator ins 2009 No. 30 (SA) s 6 (2) light regulation determination ... s 2 def light regulation determination om 2022 No. 21 (SA) s 12 (22) light regulation services ... s 2 def light regulation services om 2022 No. 21 (SA) s 12 (22) limited access arrangement ... s 2 def limited access arrangement om 2022 No. 21 (SA) s 12 (22) limited access arrangement decision ... s 2 def limited access arrangement decision om 2022 No. 21 (SA) s 12 (22) listed corporation has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth; s 2 def listed corporation ins 2020 No. 37 (SA) s 47 (3) LNG facility means a facility for the processing of natural gas from a gaseous to a liquefied state or from a liquefied to a gaseous state; s 2 def LNG facility ins 2022 No. 3 (SA) s 4 (6) LNG service provider means a person who owns, controls or operates an LNG facility; s 2 def LNG service provider ins 2022 No. 3 (SA) s 4 (6) local regulation means the regulations under the application Act of a participating jurisdiction; s 2 def local regulation ins 2023 No. 36 (SA) s 6 (16) market information instrument means a general market information order or a market information notice; s 2 def market information instrument ins 2009 No. 30 (SA) s 6 (2) market information notice means a notice under section 91F (1) (b) requiring information from the person to whom the notice is addressed; s 2 def market information notice ins 2009 No. 30 (SA) s 6 (2) market operator service means a service classified under the Rules as a market operator service; s 2 def market operator service ins 2009 No. 46 (SA) s 16 MCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows: 1 Minister from the Commonwealth; 1 Minister from each State (totalling 6 Ministers); 1 Minister from each Territory (totalling 2 Ministers), acting in accordance with its own procedures; s 2 def MCE sub 2021 No. 3 (SA) s 33 (4) MCE directed review means a review conducted by the AEMC under Chapter 2 Part 2 Division 4 ; MCE statement of policy principles means a statement of policy principles issued by the MCE under section 25 ; minimum ring fencing requirement means a requirement under Chapter 4 Part 2 Division 2 ; Ministerial coverage decision ... s 2 def Ministerial coverage decision om 2022 No. 21 (SA) s 12 (22) Ministerial Gazette notice means a notice in the South Australian Government Gazette published by the South Australian Minister on the recommendation of the MCE; s 2 def Ministerial Gazette notice ins 2009 No. 30 (SA) s 6 (2) Minister of a participating jurisdiction means a Minister who is a Minister of a participating jurisdiction within the meaning of section 22 ; National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia; s 2 def National Electricity Law ins 2011 No. 7 (SA) s 50 (1) National Electricity Rules has the same meaning as in the National Electricity Law; s 2 def National Electricity Rules ins 2011 No. 7 (SA) s 50 (1) National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia; s 2 def National Energy Retail Law ins 2011 No. 7 (SA) s 50 (1) National Energy Retail Rules has the same meaning as in the National Electricity Law; s 2 def National Energy Retail Rules ins 2011 No. 7 (SA) s 50 (1) national gas legislation means— the National Gas (South Australia) Act 2008 of South Australia and Regulations in force under that Act; and the National Gas (South Australia) Law; and the National Gas Access (WA) Act 2009 of Western Australia; and the National Gas Access (Western Australia) Law within the meaning given in the National Gas Access (WA) Act 2009 of Western Australia; and Regulations made under the National Gas Access (WA) Act 2009 of Western Australia for the purposes of the National Gas Access (Western Australia) Law; and an Act of a participating jurisdiction (other than South Australia or Western Australia) that applies, as a law of that jurisdiction, any part of— the Regulations referred to in paragraph (a) ; or the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; and the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as applied as a law of a participating jurisdiction (other than South Australia or Western Australia); and the Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia or Western Australia); s 2 def national gas legislation amd 2009 No. 30 (SA) s 6 (3) national gas objective means the objective set out in section 23 ; National Gas Procedures or Procedures means— the initial National Gas Procedures; and Procedures made by AEMO under this Law, including Procedures that amend or revoke the initial National Gas Procedures or Procedures earlier made by AEMO; s 2 def National Gas Procedures or Procedures ins 2009 No. 30 (SA) s 6 (2) National Gas Rules or Rules means— the initial National Gas Rules; and Rules made under Chapter 9 Part 2 Division 2 ; and Rules made by the AEMC under this Law, including Rules that amend or revoke— the initial National Gas Rules or Rules made under Chapter 9 Part 2 Division 2 ; or Rules made by it; s 2 def National Gas Rules or Rules amd 2018 No. 12 (SA) s 21 (3) – (4) natural gas means a substance that— is in a gaseous state at standard temperature and pressure; and consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; and is suitable for consumption; natural gas industry ... s 2 def natural gas industry ins 2022 No. 3 (SA) s 4 (7) om 2023 No. 36 (SA) s 6 (17) natural gas industry facility ... s 2 def natural gas industry facility ins 2022 No. 3 (SA) s 4 (7) om 2023 No. 36 (SA) s 6 (18) natural gas service ... s 2 def natural gas service om 2023 No. 36 (SA) s 6 (19) Natural Gas Services Bulletin Board ... s 2 def Natural Gas Services Bulletin Board sub 2009 No. 30 (SA) s 6 (1) – (2) amd 2018 No. 23 (SA) s 4 (3) ; 2022 No. 3 (SA) s 4 (8) om 2023 No. 36 (SA) s 6 (20) NCC ... s 2 def NCC om 2022 No. 21 (SA) s 12 (22) NCC recommendation or decision ... s 2 def NCC recommendation or decision om 2022 No. 21 (SA) s 12 (22) new facility means an extension to, or expansion of the capacity of, a pipeline which is to be treated as part of the pipeline— in accordance with the extension and expansion requirements contained in an applicable access arrangement applying to the pipeline services provided by means of that pipeline; or under this Law; See also sections 18 and 19 . s 2 def new facility amd 2022 No. 21 (SA) s 12 (23) no-coverage recommendation ... s 2 def no-coverage recommendation om 2022 No. 21 (SA) s 12 (24) non-scheme pipeline means a pipeline other than a scheme pipeline; s 2 def non-scheme pipeline ins 2022 No. 21 (SA) s 12 (24) non-scheme pipeline access dispute means an access dispute that involves a non-scheme pipeline; s 2 def non-scheme pipeline access dispute ins 2022 No. 21 (SA) s 12 (24) non scheme pipeline user ... s 2 def non scheme pipeline user om 2022 No. 21 (SA) s 12 (24) offence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court; officer has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth; old access law means Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as in force from time to time before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia; old scheme classification or determination means a classification or determination under section 10 or 11 of the old access law in force at any time before the repeal of the old access law; old scheme distribution pipeline means a pipeline that was, at any time before the repeal of the old access law— a distribution pipeline as defined in that law; and a covered pipeline as defined in the Gas Code; old scheme transmission pipeline means a pipeline that was, at any time before the repeal of the old access law— a transmission pipeline as defined in that law; and a covered pipeline as defined in the Gas Code; operational transportation service means— a transportation service that is provided under an operational transportation service agreement using transferred transportation capacity; and a service ancillary to the provision of a service referred to in paragraph (a) ; s 2 def operational transportation service ins 2018 No. 23 (SA) s 4 (2) operational transportation service agreement means an agreement between a transportation service provider and a transportation facility user that provides for— the transportation facility user to receive a transfer of transportation capacity acquired through any of the following means— a capacity auction; or a gas trading exchange; or any other means provided for in the agreement; and the terms and conditions applicable to the use of that transportation capacity; s 2 def operational transportation service agreement ins 2018 No. 23 (SA) s 4 (2) Operational Transportation Service Code has the meaning given by section 228H ; s 2 def Operational Transportation Service Code ins 2018 No. 23 (SA) s 4 (2) operative period , for a greenfields incentive determination, has the meaning given by section 102 (2) ; s 2 def operative period ins 2022 No. 21 (SA) s 12 (25) participating jurisdiction means a jurisdiction that is a participating jurisdiction by reason of section 21 ; petroleum includes any naturally occurring hydrocarbon, mixture of hydrocarbons or mixture of hydrocarbons and non-hydrocarbons, whether in gaseous, liquid or solid state; s 2 def petroleum ins 2022 No. 3 (SA) s 4 (9) petroleum tenement means a right granted under law to explore for, extract, recover or process petroleum; s 2 def petroleum tenement ins 2022 No. 3 (SA) s 4 (9) pipeline means— a pipe or system of pipes for the haulage of covered gas, and any tanks, reservoirs, machinery or equipment directly attached to that pipe or system of pipes; or a proposed pipe or system of pipes for the haulage of covered gas, and any proposed tanks, reservoirs, machinery or equipment proposed to be directly attached to the proposed pipe or system of pipes; or a part of a pipe or system of pipes or proposed pipe or system of pipes referred to in paragraph (a) or (b) , but does not include— unless paragraph (e) applies, anything upstream of a prescribed exit flange on a pipeline conveying covered gas from a prescribed gas processing plant; or if a connection point upstream of an exit flange on such a pipeline is prescribed, anything upstream of that point; or a gathering system operated as part of an upstream producing operation for processable gas; or any tanks, reservoirs, machinery, plant, facility or equipment used to remove or add components to or change covered gas (other than odourisation facilities) such as a gas processing plant or blend processing facility; or anything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes; in relation to a blend processing facility—anything from the point on a pipeline from which covered gas is taken for blend processing to the point where the gas blend is injected into the pipeline or another pipeline; See also sections 18 and 19 . s 2 def pipeline amd 2023 No. 36 (SA) s 6 (21) – (25) pipeline capacity right means a right under a contract with a service provider to be provided with a pipeline service, by means of a pipeline, for a given quantity of covered gas over a given period of time; s 2 def pipeline capacity right ins 2022 No. 21 (SA) s 12 (26) amd 2023 No. 36 (SA) s 6 (26) pipeline classification criterion has the meaning given by section 13 ; pipeline coverage criteria ... s 2 def pipeline coverage criteria om 2022 No. 21 (SA) s 12 (27) pipeline interconnection principles has the meaning given by section 136 ; s 2 def pipeline interconnection principles ins 2022 No. 21 (SA) s 12 (27) pipeline reliability standard means a standard imposed by or under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to the reliable haulage of covered gas in that jurisdiction; s 2 def pipeline reliability standard amd 2023 No. 36 (SA) s 6 (27) pipeline safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to— the safe haulage of covered gas in that jurisdiction; or the safe operation of a pipeline in that jurisdiction; s 2 def pipeline safety duty amd 2023 No. 36 (SA) s 6 (28) pipeline service means— service provided by means of a pipeline, including— a haulage service (such as firm haulage, interruptible haulage, spot haulage and backhaul); and a service providing for, or facilitating, the interconnection of pipelines; or a service ancillary to the provision of a service referred to in paragraph (a) , but does not include— the production of a primary gas, a processable gas or biogas; or the sale or purchase of a covered gas, a processable gas or biogas; or a blend processing service; s 2 def pipeline service amd 2022 No. 21 (SA) s 12 (28) ; 2023 No. 36 (SA) s 6 (29) pipeline service standard means a standard relating to the standard of the pipeline services provided by a service provider imposed— by or under jurisdictional gas legislation; or by the AER— under an access arrangement decision; or in accordance with the Rules; s 2 def pipeline service standard amd 2023 No. 36 (SA) s 6 (30) prescribed transparency information has the meaning given by section 136C ; s 2 def prescribed transparency information ins 2022 No. 21 (SA) s 12 (29) price information order has the meaning given by section 46A ; s 2 def price information order ins 2022 No. 3 (SA) s 4 (10) price or revenue regulation ... s 2 def price or revenue regulation om 2022 No. 21 (SA) s 12 (29) price regulation exemption ... s 2 def price regulation exemption om 2022 No. 21 (SA) s 12 (29) price regulation exemption recommendation ... s 2 def price regulation exemption recommendation om 2022 No. 21 (SA) s 12 (29) primary capacity transaction ... s 2 def primary capacity transaction ins 2018 No. 23 (SA) s 4 (2) om 2022 No. 3 (SA) s 4 (11) primary gas means the following: natural gas; hydrogen; biomethane; synthetic methane; a substance prescribed by the Regulations for the purpose of this definition; a substance prescribed as a primary gas in a participating jurisdiction by a local regulation of the participating jurisdiction; s 2 def primary gas ins 2023 No. 36 (SA) s 6 (31) processable gas means a substance that— is in a gaseous state at standard temperature and pressure; and consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; producer means a person who carries on a business of producing 1 or more primary gases; s 2 def producer amd 2023 No. 36 (SA) s 6 (32) prospective user has the meaning given by section 5 ; protected information has the meaning given by section 91G ; s 2 def protected information ins 2009 No. 30 (SA) s 6 (2) queuing requirements means terms and conditions providing for the priority that a prospective user has, as against any other prospective user, to obtain access to spare capacity and developable capacity; rate of return instrument —see section 30D (2) ; s 2 def rate of return instrument ins 2018 No. 33 (SA) s 13 (2) reclassification decision means a decision of the AER under Chapter 3 Part 6 Division 2 ; s 2 def reclassification decision sub 2022 No. 21 (SA) s 12 (30) recognised energy industry ombudsman ... s 2 def recognised energy industry ombudsman ins 2009 No. 30 (SA) s 6 (2) om 2011 No. 7 (SA) s 50 (4) reference service means a pipeline service specified by, or determined or approved by the AER under, the Rules as a reference service; reference tariff means a tariff or charge for a reference service— specified in an applicable access arrangement approved or made under an access arrangement decision; or determined by applying the formula or methodology contained in an applicable access arrangement approved or made under an access arrangement decision; s 2 def reference tariff amd 2022 No. 21 (SA) s 12 (31) Registered participant means a person registered as such by AEMO under this Law ( section 91BJ , section 91BRD or section 91LB ) and the Rules, but does not include a transportation service provider registered under section 91BRR ; s 2 def Registered participant ins 2009 No. 30 (SA) s 6 (2) amd 2009 No. 46 (SA) s 4 (3) ; 2018 No. 23 (SA) s 4 (4) regulated gas market means— a declared wholesale gas market; or a short term trading market; or a regulated retail gas market; s 2 def regulated gas market ins 2009 No. 30 (SA) s 6 (2) amd 2009 No. 46 (SA) s 4 (4) regulated retail gas market has the meaning given by section 91L (2) ; s 2 def regulated retail gas market ins 2009 No. 30 (SA) s 6 (2) Regulations means the regulations made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia that apply as a law of this jurisdiction; regulatory information instrument means— a general regulatory information order; or a regulatory information notice; a price information order; s 2 def regulatory information instrument amd 2022 No. 3 (SA) s 4 (12) regulatory information notice has the meaning given by section 46 ; regulatory obligation or requirement has the meaning given by section 6 ; regulatory payment has the meaning given by section 7 ; relevant entity , for Part 6 Division 1A —see section 91AF (8) ; s 2 def relevant entity ins 2023 No. 7 (SA) s 4 (3) relevant adjudicator means— for a scheme pipeline access dispute—the dispute resolution body; or for a non-scheme pipeline access dispute—the arbitrator for the dispute; s 2 def relevant adjudicator ins 2022 No. 21 (SA) s 12 (32) relevant agreement , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def relevant agreement ins 2024 No. 12 (SA) s 13 (6) relevant Minister ... s 2 def relevant Minister om 2022 No. 21 (SA) s 12 (32) relevant Regulator has the same meaning as in section 2 of the old access law; REMCo means the Retail Energy Market Company Limited (ACN 103 318 556); s 2 def REMCo ins 2009 No. 30 (SA) s 6 (2) retail customer means a person to whom covered gas is sold for premises by a retailer. s 2 def retail customer ins 2011 No. 7 (SA) s 50 (1) amd 2023 No. 36 (SA) s 6 (33) retailer means a person who is the holder of a retailer authorisation issued under the National Energy Retail Law in respect of the sale of gas; s 2 def retailer ins 2011 No. 7 (SA) s 50 (1) retail gas market has the meaning given by section 91L (1) ; s 2 def retail gas market ins 2009 No. 30 (SA) s 6 (2) Retail Market Procedures means Procedures directed at regulating a retail gas market; s 2 def Retail Market Procedures ins 2009 No. 30 (SA) s 6 (2) revenue and pricing principles , in relation to a pipeline service provided by means of a scheme pipeline, means the principles set out in section 24 ; s 2 def revenue and pricing principles amd 2022 No. 21 (SA) s 12 (33) reviewable regulatory decision ... s 2 def reviewable regulatory decision ins 2013 No. 79 (SA) s 19 (3) om 2021 No. 3 (SA) s 33 (5) ring fencing decision means— an AER ring fencing determination; or a decision granting or not granting an exemption under Rules made under section 148A ; or an associate contract decision; s 2 def ring fencing decision amd 2022 No. 21 (SA) s 12 (34) rule dispute means a dispute for the resolution of which provision is made in the Rules; s 2 def rule dispute ins 2009 No. 30 (SA) s 6 (2) scheme pipeline means— a pipeline to which a scheme pipeline determination applies; or a designated pipeline; or a pipeline in respect of which a scheme pipeline election takes effect; However, see section 99 in relation to when a pipeline the subject of a scheme pipeline revocation determination ceases to be a scheme pipeline. s 2 def scheme pipeline sub 2022 No. 21 (SA) s 12 (35) scheme pipeline access dispute means an access dispute that involves a scheme pipeline; s 2 def scheme pipeline access dispute ins 2022 No. 21 (SA) s 12 (35) scheme pipeline determination has the meaning given by section 92 (1) ; s 2 def scheme pipeline determination ins 2022 No. 21 (SA) s 12 (35) scheme pipeline election has the meaning given by section 95 ; s 2 def scheme pipeline election ins 2022 No. 21 (SA) s 12 (35) scheme pipeline revocation determination means a determination made under section 97 (1) ; s 2 def scheme pipeline revocation determination ins 2022 No. 21 (SA) s 12 (35) scheme pipeline service provider means a service provider who provides or intends to provide pipeline services by means of a scheme pipeline; s 2 def scheme pipeline service provider ins 2022 No. 21 (SA) s 12 (35) secondary capacity transaction ... s 2 def secondary capacity transaction ins 2018 No. 23 (SA) s 4 (2) om 2022 No. 3 (SA) s 4 (13) service provider has the meaning given by section 8 ; service provider performance report means a report prepared by the AER under section 64 ; short term trading market means a market for the supply of covered gas that— operates in an adoptive jurisdiction; and is defined in a Rule made for the purposes of Chapter 2 Part 6 Division 2A to be a short term trading market of that adoptive jurisdiction; There may be more than 1 short term trading market of an adoptive jurisdiction. s 2 def short term trading market ins 2009 No. 46 (SA) s 4 (5) amd 2023 No. 36 (SA) s 6 (34) small shipper has the meaning given by section 8AB ; s 2 def small shipper ins 2022 No. 21 (SA) s 12 (36) South Australian Minister means the Minister of the Crown in right of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia; s 2 def South Australian Minister ins 2022 No. 21 (SA) s 12 (36) spare capacity means unutilised capacity of a pipeline; standard gas day means the 24 hour period starting at the time specified in the standard market timetable; s 2 def standard gas day ins 2018 No. 23 (SA) s 4 (2) standard market timetable means the standard market timetable provided for in the Rules in accordance with section 83B ; s 2 def standard market timetable ins 2018 No. 23 (SA) s 4 (2) standard OTSA means an operational transportation service agreement within the meaning of section 228B as amended from time to time; s 2 def standard OTSA ins 2018 No. 23 (SA) s 4 (2) statutory functions , in relation to AEMO, means functions or powers conferred under— this Law, the Rules or the Procedures; or the National Electricity Law or the National Electricity Rules; s 2 def statutory functions ins 2009 No. 30 (SA) s 6 (2) storage facility means a facility for storing processable gas, biogas or covered gas (including liquefied natural gas) before or after processing, blending or separating; s 2 def storage facility ins 2022 No. 3 (SA) s 4 (14) amd 2023 No. 36 (SA) s 6 (35) – (36) storage provider means any person who owns, controls or operates a storage facility; s 2 def storage provider sub 2022 No. 3 (SA) s 4 (14) STTM amendments means— the amendments to this Law made by the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009 of South Australia; and the amendments to the Rules made under section 294B ; and the STTM Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a) ; s 2 def STTM amendments ins 2009 No. 46 (SA) s 4 (5) STTM functions —AEMO’s STTM functions are as set out in section 91BRB ; s 2 def STTM functions ins 2009 No. 46 (SA) s 4 (5) STTM hub means a point or points, situated in an adoptive jurisdiction, specified in the Rules or STTM Procedures, at which a short term trading market operates; s 2 def STTM hub ins 2009 No. 46 (SA) s 4 (5) STTM information means information that— a person gives to AEMO, to comply with section 91FEA (1) ; or a person gives, in circumstances expressly required or permitted by the Procedures or Rules— to AEMO in its capacity as operator of a short term trading market in which the person participates; to AEMO in its capacity as operator of another regulated gas market if that information is to be used for the purpose of a short term trading market in which the person participates; s 2 def STTM information ins 2009 No. 46 (SA) s 4 (5) STTM Procedures means Procedures directed at regulating a short term trading market; s 2 def STTM Procedures ins 2009 No. 46 (SA) s 4 (5) STTM trading participant means a person referred to in section 91BRC ; s 2 def STTM trading participant ins 2009 No. 46 (SA) s 4 (5) superseded jurisdictional rules means— legislation (including subordinate legislation) of a participating jurisdiction regulating the gas industry in that jurisdiction that— was in force immediately before the relevant changeover date; and is superseded by the AEMO amendments; and rules to which a member of a corporate former gas market operator was subject, immediately before the relevant changeover date, under the constitution of the former gas market operator; and a licence condition governing the activities of the licensee in, or in relation to, a regulated retail gas market in a participating jurisdiction— in force immediately before the relevant changeover date; and superseded by the AEMO amendments; and a guideline, code, standard or other instrument governing the operation or regulation of a gas market in a participating jurisdiction— made or issued by the jurisdictional regulator; and in force immediately before the relevant changeover date; and superseded by the AEMO amendments; The Gas Market Retail Rules (Vic) and the Gas Industry Market and System Operation Rules (Vic) . The Gas Retail Market Business Rules to Support Retail Competition in Gas (NSW) . The Gas Market Retail Rules (Qld) . The Retail Market Rules (SA) . s 2 def superseded jurisdictional rules ins 2009 No. 30 (SA) s 6 (2) supply includes— in relation to goods—supply (including re-supply) by way of sale, exchange, lease, hire or hire purchase; and in relation to services—provide, grant or confer; synthetic methane means a substance— that is in a gaseous state at standard temperature and pressure; and the principal constituent of which is methane; and that is produced by the methanation of carbon dioxide; and that is suitable for consumption; s 2 def synthetic methane ins 2023 No. 36 (SA) s 6 (37) tariff means a rate by which a charge for a pipeline service is calculated; tender approval decision ... s 2 def tender approval decision om 2022 No. 21 (SA) s 12 (37) Territory means the Australian Capital Territory or the Northern Territory; trader means a person who— buys or sells covered gas; and in doing so is not acting in some other registrable capacity; and where the person is the purchaser of covered gas, is not buying the covered gas for the purchaser’s own use; s 2 def trader ins 2009 No. 30 (SA) s 6 (2) amd 2023 No. 36 (SA) s 6 (38) transaction support arrangements means arrangements to facilitate transactions with respect to transportation capacity and related goods and services concluded or to be concluded through a gas trading exchange or a capacity auction; s 2 def transaction support arrangements ins 2018 No. 23 (SA) s 4 (2) transfer , in relation to transportation capacity, includes a reduction in a person’s right to the transportation capacity and a corresponding increase in another person’s right to transportation capacity, whether or not on the same terms and conditions; s 2 def transfer ins 2018 No. 23 (SA) s 4 (2) transmission pipeline means a pipeline that— is classified as a transmission pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or if the licence or authorisation mentioned in paragraph (a) does not include a classification of the pipeline—is classified by the AER as a transmission pipeline, and includes a pipeline that is reclassified by the AER as a transmission pipeline; See Chapter 3 Part 6 in relation to the classification and reclassification of pipelines. See also sections 18 and 19 . s 2 def transmission pipeline sub 2022 No. 21 (SA) s 12 (38) transportation capacity means a right under a contract with a transportation service provider to be provided with a transportation service by means of a transportation facility, for a given quantity of covered gas over a given period of time; s 2 def transportation capacity ins 2018 No. 23 (SA) s 4 (2) amd 2023 No. 36 (SA) s 6 (39) transportation facility means— a pipeline; or a compression service facility; or another facility of a type specified by the Regulations for the purposes of this paragraph; s 2 def transportation facility ins 2018 No. 23 (SA) s 4 (2) transportation facility user means a person who is a party to a contract with a transportation service provider under which the transportation service provider provides, or intends to provide, a transportation service to that person by means of a transportation facility and includes a user; s 2 def transportation facility user ins 2018 No. 23 (SA) s 4 (2) amd 2022 No. 21 (SA) s 12 (39) transportation service means— a pipeline service; or a service provided by means of a compression service facility; or a service provided by means of any other facility of a type specified by the Regulations for the purposes of paragraph (c) of the definition of transportation facility ; s 2 def transportation service ins 2018 No. 23 (SA) s 4 (2) transportation service provider means a person who owns, controls or operates a transportation facility; s 2 def transportation service provider ins 2018 No. 23 (SA) s 4 (2) trial project means a project— that— the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and tests an approach in relation to covered gas services; s 2 def trial project ins 2022 No. 22 (SA) s 32 (3) amd 2023 No. 36 (SA) s 6 (40) trial Rule —see section 290 ; s 2 def trial Rule ins 2022 No. 22 (SA) s 32 (3) trial waiver —see section 30W ; s 2 def trial waiver ins 2022 No. 22 (SA) s 32 (3) Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal; user means a person who— is a party to a contract with a service provider under which the service provider provides or intends to provide a pipeline service to that person by means of a pipeline; or has a right under an access determination to be provided with a pipeline service by means of a pipeline; s 2 def user amd 2022 No. 21 (SA) s 12 (40) user facility means a facility by means of which covered gas is consumed (including by transformation of the gas into a new form) and which is not any other form of covered gas industry facility; s 2 def user facility ins 2022 No. 3 (SA) s 4 (15) amd 2023 No. 36 (SA) s 6 (41) user or consumer association ... s 2 def user or consumer association ins 2013 No. 79 (SA) s 19 (4) om 2022 No. 21 (SA) s 12 (41) user or consumer interest group ... s 2 def user or consumer interest group ins 2013 No. 79 (SA) s 19 (4) om 2022 No. 21 (SA) s 12 (41) VENCorp means the Victorian Energy Networks Corporation continued under Part 8 of the Gas Industry Act 2001 of Victoria until the AEMO amendments come into force; s 2 def VENCorp sub 2009 No. 30 (SA) s 6 (1) – (2) wholesale gas market , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def wholesale gas market ins 2024 No. 12 (SA) s 13 (7) wholesale gas market participant , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def wholesale gas market participant ins 2024 No. 12 (SA) s 13 (7) wholesale market monitoring guidelines , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def wholesale market monitoring guidelines ins 2024 No. 12 (SA) s 13 (7) Wholesale Market Procedures means Procedures directed at regulating the declared wholesale gas market of an adoptive jurisdiction. s 2 def Wholesale Market Procedures ins 2009 No. 30 (SA) s 6 (2) A reference in this Law to an end user includes a reference to a prospective end user. A reference in this Law to the east coast gas system includes a reference to part of the east coast gas system. The Minister responsible for the administration of an application Act under which a regulation is made for paragraph (f) of the definition of primary gas must publish notice of the making of the regulation in the South Australian Government Gazette. s 2 amd 2011 No. 7 (SA) s 50 (5) ; 2023 No. 7 (SA) s 4 (4) ; 2023 No. 36 (SA) s 6 (42) (sec.2-ssec.1) In this Law— 15-year no-coverage determination ... s 2 def 15-year no-coverage determination om 2022 No. 21 (SA) s 12 (1) ACCC means the Australian Competition and Consumer Commission established by section 6A of the Competition and Consumer Act 2010 of the Commonwealth; access arrangement means an arrangement setting out terms and conditions about access to pipeline services provided or to be provided by means of a scheme pipeline; s 2 def access arrangement amd 2022 No. 21 (SA) s 12 (2) access determination means a determination of the relevant adjudicator for an access dispute under Chapter 5 Part 5 and includes a determination varied under Part 6 of that Chapter; s 2 def access determination amd 2022 No. 21 (SA) s 12 (3) access dispute means a dispute between a user or prospective user and a service provider about 1 or more aspects of access to a pipeline service provided by means of a pipeline and includes a matter that is deemed to be an access dispute under the Rules; s 2 def access dispute ins 2022 No. 21 (SA) s 12 (4) adoptive jurisdiction means a participating jurisdiction for which AEMO is authorised to exercise its declared system functions or STTM functions; s 2 def adoptive jurisdiction ins 2009 No. 30 (SA) s 6 (2) amd 2011 No. 7 (SA) s 4 (1) AEMC means the Australian Energy Market Commission established by section 5 of the Australian Energy Market Commission Establishment Act 2004 of South Australia; AEMO amendments means— the amendments to this Law made by the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009 ; and the amendments to the Rules made by the National Gas (South Australia) (National Gas Rules—Australian Energy Market Operator) Amendment Rules 2009 ; and the Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a) ; s 2 def AEMO amendments ins 2009 No. 30 (SA) s 6 (2) AER means the Australian Energy Regulator established by section 44AE of the Competition and Consumer Act 2010 of the Commonwealth; AER Compliance Procedures and Guidelines has the meaning given by section 64F ; s 2 def AER Compliance Procedures and Guidelines ins 2022 No. 21 (SA) s 12 (5) AER economic regulatory decision means a decision (however described) of the AER under this Law or the Rules performing or exercising an AER economic regulatory function or power; AER economic regulatory function or power means a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to the economic regulation of pipeline services provided by a service provider— by means of; or in connection with, a pipeline and includes a function or power performed or exercised by the AER under this Law or the Rules (other than making a rate of return instrument) that relates to— the preparation of a service provider performance report; a ring fencing decision; an applicable access arrangement decision; an access determination (if the AER is the dispute resolution body); The application of a rate of return instrument under this Law is an AER economic regulatory function or power. See section 30Q (2) . s 2 def AER economic regulatory function or power amd 2018 No. 33 (SA) s 13 (1) ; 2022 No. 21 (SA) s 12 (6) AER gas price reporting functions means the functions of the AER performed under section 27 (1) (fa) ; s 2 def AER gas price reporting functions ins 2022 No. 3 (SA) s 4 (1) AER ring fencing determination means a determination of the AER under section 143 (1) ; AER trial waiver functions means the functions conferred on the AER under Chapter 2 Part 1 Division 1B ; s 2 def AER trial waiver functions ins 2022 No. 22 (SA) s 32 (1) AER wholesale market monitoring functions —the AER wholesale market monitoring functions are set out in section 30AC (1) ; s 2 def AER wholesale market monitoring functions ins 2024 No. 12 (SA) s 13 (1) AER wholesale market reporting functions —the AER wholesale market reporting functions are set out in section 30AC (2) ; s 2 def AER wholesale market reporting functions ins 2024 No. 12 (SA) s 13 (1) annual turnover has the same meaning as in section 2 (1) of Schedule 2 to the Competition and Consumer Act 2010 of the Commonwealth; s 2 def annual turnover ins 2020 No. 37 (SA) s 47 (1) applicable access arrangement means an access arrangement that has taken effect after being approved or made by the AER under the Rules and includes an applicable access arrangement as varied— under the Rules; or by an access determination as provided by this Law or the Rules; s 2 def applicable access arrangement amd 2022 No. 21 (SA) s 12 (7) applicable access arrangement decision means a decision of the AER under the Rules that— approves or does not approve an access arrangement or revisions to an applicable access arrangement submitted to the AER under section 113 or the Rules; or makes an access arrangement— in place of an access arrangement the AER does not approve in that decision; or because a scheme pipeline service provider does not submit an access arrangement in accordance with section 113 or the Rules; or makes revisions to an access arrangement— in place of revisions submitted to the AER under section 113 that the AER does not approve in that decision; or because a scheme pipeline service provider does not submit revisions to the AER under section 113 ; s 2 def applicable access arrangement decision sub 2022 No. 21 (SA) s 12 (8) application Act means an Act of a participating jurisdiction that applies, as a law of that jurisdiction, this Law or any part of this Law; s 2 def application Act ins 2009 No. 30 (SA) s 6 (2) approved associate contract means an associate contract approved by the AER under an associate contract decision; associate in relation to a person has the same meaning it would have under Division 2 of Part 1.2 of the Corporations Act 2001 of the Commonwealth if sections 13 , 16 (2) and 17 did not form part of that Act; associate contract means— a contract, arrangement or understanding between a service provider and an associate of the service provider in connection with the provision of an associate pipeline service; or a contract, arrangement or understanding between a service provider and any person in connection with the provision of an associate pipeline service— that provides a direct or indirect benefit to an associate; and that is not at arm’s length; associate contract decision means a decision of the AER under the Rules that approves or does not approve an associate contract for the purposes of Chapter 4 Part 2 Division 4 ; s 2 def associate contract decision amd 2022 No. 21 (SA) s 12 (9) associate pipeline service means a pipeline service provided by means of a pipeline other than a pipeline to which a greenfields incentive determination applies; s 2 def associate pipeline service amd 2022 No. 21 (SA) s 12 (10) Australian Energy Market Operator or AEMO means Australian Energy Market Operator Limited (ACN 072 010 327); s 2 def Australian Energy Market Operator or AEMO ins 2009 No. 30 (SA) s 6 (2) bilateral trading agreement , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def bilateral trading agreement ins 2024 No. 12 (SA) s 13 (2) BB Procedures means Procedures directed at regulating the Gas Bulletin Board; s 2 def BB Procedures ins 2009 No. 30 (SA) s 6 (2) amd 2023 No. 36 (SA) s 6 (1) biogas means a gas derived or recovered from organic matter other than fossilised organic matter; s 2 def biogas ins 2023 No. 36 (SA) s 6 (2) biomethane means a substance— that is in a gaseous state at standard temperature and pressure; and the principal constituent of which is methane; and that is produced by refining biogas; and that is suitable for consumption; s 2 def biomethane ins 2023 No. 36 (SA) s 6 (2) blend processing facility means a facility for 1, or more, of the following: the blending of 1 or more primary gases, with or without other substances, for injection into a pipeline; the separation of a gas blend withdrawn from a pipeline into constituent gases before re-injection into a pipeline as— a primary gas; or a gas blend; s 2 def blend processing facility ins 2023 No. 36 (SA) s 6 (2) blend processing service means a service provided by means of a blend processing facility; s 2 def blend processing service ins 2023 No. 36 (SA) s 6 (2) blend processing service provider means a person who owns, operates or controls a blend processing facility; s 2 def blend processing service provider ins 2023 No. 36 (SA) s 6 (2) Bulletin Board information means information that— a person gives to AEMO or the AER to comply with Chapter 7 (or any Rules under that Chapter); or a person gives to AEMO in its capacity as operator of the Gas Bulletin Board in circumstances expressly permitted by the Rules; s 2 def Bulletin Board information sub 2009 No. 30 (SA) s 6 (1) – (2) amd 2018 No. 23 (SA) s 4 (1) ; 2022 No. 3 (SA) s 4 (2) ; 2023 No. 36 (SA) s 6 (3) Bulletin Board operator ... s 2 def Bulletin Board operator om 2009 No. 30 (SA) s 6 (1) capacity auction means an auction conducted by AEMO through which a person may buy transportation capacity; s 2 def capacity auction ins 2018 No. 23 (SA) s 4 (2) capacity auction agreement means an agreement that relates to participation in a capacity auction and to which AEMO and persons participating in the capacity auction are parties; s 2 def capacity auction agreement ins 2018 No. 23 (SA) s 4 (2) capacity auction functions of AEMO are set out in section 91BRM (1) ; s 2 def capacity auction functions ins 2018 No. 23 (SA) s 4 (2) capacity auction information means information that–– a person gives to AEMO, to comply with section 91FEE (1) ; or a person gives, in circumstances expressly required or permitted by the Procedures or Rules— to AEMO in its capacity as operator of a capacity auction in which the person participates; or to AEMO in its capacity as operator of a regulated gas market or a gas trading exchange if that information is to be used for the purpose of a capacity auction in which the person participates; s 2 def capacity auction information ins 2018 No. 23 (SA) s 4 (2) capacity auction participant means a person (other than AEMO) who is, or who was at the relevant time, a party to a capacity auction agreement; s 2 def capacity auction participant ins 2018 No. 23 (SA) s 4 (2) Capacity Transfer and Auction Procedures means Procedures directed at the operation and administration of capacity auctions and transaction support arrangements; s 2 def Capacity Transfer and Auction Procedures ins 2018 No. 23 (SA) s 4 (2) changeover date means— a date fixed by or under legislation of a participating jurisdiction for AEMO’s assumption of responsibility for the operation of a gas market in the relevant jurisdiction under this Law and the Rules; or a date fixed by Ministerial Gazette notice as the changeover date; The changeover date may vary from gas market to gas market, from provision to provision and from jurisdiction to jurisdiction. In addition, AEMO’s assumption of statutory functions in a particular participating jurisdiction may occur in stages on different changeover dates. s 2 def changeover date ins 2009 No. 30 (SA) s 6 (2) charge , in relation to a pipeline service, means the amount that is payable by a user to a service provider for the provision of the pipeline service to that user; civil monetary liability means a liability for damages, compensation or any other monetary amount that can be recovered by way of civil proceedings but does not include a liability for a civil penalty or an infringement penalty under this Law or a liability for the costs of a proceeding; s 2 def civil monetary liability ins 2009 No. 30 (SA) s 6 (2) civil penalty —see section 3A ; s 2 def civil penalty sub 2020 No. 37 (SA) s 47 (2) civil penalty provision has the meaning given by section 3 ; classification decision means a decision of the AER under Chapter 3 Part 6 Division 1 ; s 2 def classification decision ins 2022 No. 21 (SA) s 12 (11) classification decision under the Rules ... s 2 def classification decision under the Rules om 2022 No. 21 (SA) s 12 (11) commission , in relation to a pipeline, has the meaning given by section 12 ; Commonwealth Minister means the Minister of the Commonwealth administering the Australian Energy Market Act 2004 of the Commonwealth; compression service facility means— a designated compression service facility; or any other facility or part of a facility (whether or not forming part of another facility or located on or connected to another facility) for compressing covered gas other than— a facility operated as part of a gathering system operated as part of an upstream producing operation for processable gas; or anything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes; s 2 def compression service facility ins 2018 No. 23 (SA) s 4 (2) amd 2023 No. 36 (SA) s 6 (4) – (5) compression service provider means a person who owns, controls or operates a compression service facility; s 2 def compression service provider ins 2022 No. 3 (SA) s 4 (3) conduct provision has the meaning given by section 4 ; constituent components , in relation to a designated regulatory decision, means the matters that constitute the elements or components of the designated regulatory decision and on which that designated regulatory decision is based and includes— matters that go to the making of the designated regulatory decision; and decisions made by the AER for the purposes of the designated regulatory decision; s 2 def constituent components ins 2013 No. 79 (SA) s 19 (1) amd 2021 No. 3 (SA) s 33 (1) coverage determination ... s 2 def coverage determination om 2022 No. 21 (SA) s 12 (12) coverage recommendation ... s 2 def coverage recommendation om 2022 No. 21 (SA) s 12 (12) coverage revocation determination ... s 2 def coverage revocation determination om 2022 No. 21 (SA) s 12 (12) coverage revocation recommendation ... s 2 def coverage revocation recommendation om 2022 No. 21 (SA) s 12 (12) covered gas means the following: a primary gas; a gas blend; s 2 def covered gas ins 2023 No. 36 (SA) s 6 (6) covered gas industry includes— activities and transactions relating to the following: processable gas; biogas; covered gas, including liquefied natural gas, and covered gas services; covered gas industry facilities; services provided by means of covered gas industry facilities; and activities and transactions relating to petroleum tenements; and any other activity or transaction, or type of activity or transaction, specified by the Regulations for the purpose of this definition; s 2 def covered gas industry ins 2023 No. 36 (SA) s 6 (6) covered gas industry facility means the following: a blend processing facility; a compression service facility; a gas processing plant; an LNG facility; a pipeline; a storage facility; a user facility; another facility of a type specified by the Regulations for the purpose of this definition; s 2 def covered gas industry facility ins 2023 No. 36 (SA) s 6 (6) covered gas service means the following: a pipeline service; the supply of covered gas; a service ancillary to the service described in paragraph (b) ; s 2 def covered gas service ins 2023 No. 36 (SA) s 6 (6) covered pipeline ... s 2 def covered pipeline om 2022 No. 21 (SA) s 12 (12) covered pipeline service provider ... s 2 def covered pipeline service provider om 2022 No. 21 (SA) s 12 (12) cross boundary distribution pipeline ... s 2 def cross boundary distribution pipeline om 2022 No. 21 (SA) s 12 (12) cross boundary transmission pipeline ... s 2 def cross boundary transmission pipeline om 2022 No. 21 (SA) s 12 (12) declared distribution system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; s 2 def declared distribution system ins 2009 No. 30 (SA) s 6 (2) declared LNG storage provider of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; s 2 def declared LNG storage provider ins 2009 No. 30 (SA) s 6 (2) declared system functions —AEMO’s declared system functions are as set out in section 91BA (1) ; s 2 def declared system functions ins 2009 No. 30 (SA) s 6 (2) declared system provisions means— Chapter 2 Part 6 Division 2 ; and the Rules regulating the declared wholesale gas market of an adoptive jurisdiction or otherwise relevant to Chapter 2 Part 6 Division 2 ; s 2 def declared system provisions ins 2009 No. 30 (SA) s 6 (2) declared transmission system of an adoptive jurisdiction has the meaning given by the application Act of that jurisdiction; s 2 def declared transmission system ins 2009 No. 30 (SA) s 6 (2) declared wholesale gas market means the wholesale market for covered gas defined in the application Act of an adoptive jurisdiction; s 2 def declared wholesale gas market ins 2009 No. 30 (SA) s 6 (2) amd 2023 No. 36 (SA) s 6 (7) designated compression service facility means a facility or part of a facility for compressing covered gas prescribed by the Regulations as a designated compression service facility; s 2 def designated compression service facility ins 2018 No. 23 (SA) s 4 (2) amd 2023 No. 36 (SA) s 6 (8) designated pipeline means a pipeline classified by the Regulations, or designated in the application Act of a participating jurisdiction, as a designated pipeline and includes an extension to, or expansion of the capacity of, the pipeline that is taken to be part of the pipeline under section 18 ; A designated pipeline is a scheme pipeline. See the definition of scheme pipeline . s 2 def designated pipeline sub 2009 No. 30 (SA) s 6 (1) – (2) ; 2022 No. 21 (SA) s 12 (13) designated regulatory decision means an applicable access arrangement decision (other than a decision that does not approve an access arrangement), or a decision prescribed by the Regulations to be a designated regulatory decision; s 2 def designated regulatory decision ins 2013 No. 79 (SA) s 19 (2) amd 2021 No. 3 (SA) s 33 (2) – (3) ; 2022 No. 21 (SA) s 12 (14) developable capacity means the difference between the current capacity of a pipeline and the capacity of a pipeline which would be available if a new facility was constructed, but does not include any new capacity of a pipeline resulting from an extension to the geographic range of a pipeline; s 2 def developable capacity amd 2022 No. 21 (SA) s 12 (15) disposal ... s 2 def disposal ins 2018 No. 23 (SA) s 4 (2) om 2022 No. 3 (SA) s 4 (4) dispute resolution body means the AER; In Western Australia, under the National Gas Access (WA) Act 2009 of Western Australia, section 9 , the dispute resolution body generally is the entity known as the Western Australian Energy Disputes Arbitrator. Dispute resolution panel means a person or panel of persons appointed under the Rules to hear and determine a rule dispute; s 2 def Dispute resolution panel ins 2009 No. 30 (SA) s 6 (2) distribution pipeline means a pipeline that— is classified as a distribution pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or if the licence or authorisation mentioned in paragraph (a) does not include a classification of the pipeline—is classified by the AER as a distribution pipeline, and includes a pipeline that is reclassified by the AER as a distribution pipeline; See Chapter 3 Part 6 in relation to the classification and reclassification of pipelines. See also sections 18 and 19 . s 2 def distribution pipeline sub 2022 No. 21 (SA) s 12 (16) distributor means, except where elsewhere defined in this Law, a service provider who owns, operates or controls a scheme pipeline that is a distribution pipeline; s 2 def distributor ins 2011 No. 7 (SA) s 50 (1) amd 2022 No. 21 (SA) s 12 (17) draft Rule determination means a determination of the AEMC under section 308 ; east coast gas system means the following, located wholly or partly within an east coast jurisdiction: a covered gas industry facility; a regulated gas market; a gas trading exchange for which AEMO has established a gas trading exchange agreement; a system, market or other thing specified by the Rules; s 2 def east coast gas system ins 2023 No. 7 (SA) s 4 (1) amd 2023 No. 36 (SA) s 6 (9) east coast gas system direction , for Part 6 Division 1A —see section 91AF (1) ; s 2 def east coast gas system direction ins 2023 No. 7 (SA) s 4 (1) East Coast Gas System Procedures , for Part 6 Division 1A —see section 91AD (1) (h) ; s 2 def East Coast Gas System Procedures ins 2023 No. 7 (SA) s 4 (1) east coast gas system reliability and supply adequacy functions of AEMO are set out in section 91AD ; s 2 def east coast gas system reliability and supply adequacy functions ins 2023 No. 7 (SA) s 4 (1) east coast jurisdiction means a participating jurisdiction other than Western Australia; s 2 def east coast jurisdiction ins 2023 No. 7 (SA) s 4 (1) ECA amendments means the amendments to this Law made by the Statutes Amendment (Energy Consumers Australia) Act 2014 of South Australia; s 2 def ECA amendments ins 2014 No. 21 (SA) s 26 (1) effective competition , for Chapter 2 Part 1 Division 1AA —see section 30AB ; s 2 def effective competition ins 2024 No. 12 (SA) s 13 (3) end user means a person who acquires covered gas for consumption purposes, and includes a retail customer; s 2 def end user sub 2011 No. 7 (SA) s 50 (2) amd 2023 No. 36 (SA) s 6 (10) Energy Consumers Australia or ECA means the company incorporated, or to be incorporated, by the name Energy Consumers Australia Limited; s 2 def Energy Consumers Australia or ECA ins 2014 No. 21 (SA) s 26 (2) energy ombudsman has the same meaning as in the National Energy Retail Law; s 2 def energy ombudsman ins 2011 No. 7 (SA) s 50 (1) Energy Security Board means the Energy Security Board referred to in section 2 (1) of the NEL; s 2 def Energy Security Board ins 2018 No. 12 (SA) s 21 (2) ERA means the Economic Regulation Authority established by section 4 of the Economic Regulation Authority Act 2003 of Western Australia; excluded infrastructure , in relation to a pipeline, means tanks, reservoirs, machinery, equipment or other infrastructure that forms part of the pipeline but is classified by the Rules as excluded infrastructure for the purposes of this Law; s 2 def excluded infrastructure ins 2022 No. 21 (SA) s 12 (18) exempted participant means a person exempted from registration as a Registered participant; s 2 def exempted participant ins 2009 No. 30 (SA) s 6 (2) extension and expansion requirements means— the requirements contained in an access arrangement that, in accordance with the Rules, specify— the circumstances when an extension to a scheme pipeline is to be treated as forming part of the scheme pipeline; and whether the pipeline services provided or to be provided by means of, or in connection with, spare capacity arising out of an extension to a scheme pipeline will be subject to the applicable access arrangement applying to the pipeline services to which that arrangement applies; and whether an extension to, or expansion of the capacity of, a scheme pipeline will affect a reference tariff and, if so, the effect on the reference tariff; and any other requirements specified by the Rules as extension and expansion requirements; See also sections 18 and 19 . s 2 def extension and expansion requirements amd 2022 No. 21 (SA) s 12 (19) final Rule determination means a determination of the AEMC under section 311 ; financial risk management product , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def financial risk management product ins 2024 No. 12 (SA) s 13 (4) foreign company has the same meaning as in the Corporations Act 2001 of the Commonwealth; foreign source means— source beyond the outer limits of all of the following: the adjacent area of this jurisdiction; the adjacent area of another participating jurisdiction; or a source within the joint petroleum development area (within the meaning of the Petroleum (Timor Sea Treaty) Act 2003 of the Commonwealth); former gas market operator means any of the following: VENCorp; Gas Market Company Limited (ACN 095 400 258); in relation to South Australia (but not Western Australia)—Retail Energy Market Company Limited (ACN 103 318 556); the gas retail market operator appointed under section 257A of the Gas Supply Act 2003 (Qld) ; s 2 def former gas market operator ins 2009 No. 30 (SA) s 6 (2) form of regulation factors has the meaning given by section 16 ; full access arrangement ... s 2 def full access arrangement om 2022 No. 21 (SA) s 12 (20) full access arrangement decision ... s 2 def full access arrangement decision om 2022 No. 21 (SA) s 12 (20) gas blend means primary gases that have been blended together; s 2 def gas blend ins 2023 No. 36 (SA) s 6 (11) Gas Bulletin Board means the website maintained by AEMO that contains information of the kind specified in the Rules for the covered gas industry; s 2 def Gas Bulletin Board ins 2023 No. 36 (SA) s 6 (11) Gas Code means the National Third Party Access Code for Natural Gas Pipeline Systems set out in Schedule 2 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as in force from time to time before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia; gas contract , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def gas contract ins 2024 No. 12 (SA) s 13 (5) gas market operator ... s 2 def gas market operator om 2009 No. 30 (SA) s 6 (1) gas powered generator means the owner, controller or operator of a generating system, within the meaning of the National Electricity Rules , that is powered by covered gas; s 2 def gas powered generator ins 2023 No. 7 (SA) s 4 (2) amd 2023 No. 36 (SA) s 6 (12) gas statement of opportunities means the statement published under Chapter 2 Part 6 Division 4 ; s 2 def gas statement of opportunities ins 2009 No. 30 (SA) s 6 (2) gas trading exchange means a facility through which persons may elect to buy and sell covered gas or related goods or services, including a pipeline capacity right; s 2 def gas trading exchange ins 2013 No. 54 (SA) s 4 (1) amd 2023 No. 36 (SA) s 6 (13) – (14) gas trading exchange agreement means an agreement that relates to participation in, and the operation and administration of, a gas trading exchange established by AEMO to which AEMO (or a person appointed by AEMO to operate the gas trading exchange), and a person who becomes a member of the exchange, are parties; s 2 def gas trading exchange agreement ins 2013 No. 54 (SA) s 4 (1) gas trading exchange functions —AEMO’s gas trading exchange functions are as set out in section 91BRK ; s 2 def gas trading exchange functions ins 2013 No. 54 (SA) s 4 (1) gas trading exchange member means a person who is (or who was at the relevant time) a member of a gas trading exchange under a gas trading exchange agreement; s 2 def gas trading exchange member ins 2013 No. 54 (SA) s 4 (1) general market information order means an order under section 91F (1) (a) requiring information from persons of a class specified in the order; s 2 def general market information order ins 2009 No. 30 (SA) s 6 (2) general regulatory information order has the meaning given by section 45 ; greenfields incentive determination has the meaning given by section 100 ; s 2 def greenfields incentive determination ins 2022 No. 21 (SA) s 12 (21) greenfields pipeline incentive ... s 2 def greenfields pipeline incentive om 2022 No. 21 (SA) s 12 (21) greenfields pipeline project means a project for the construction of— a pipeline that is to be structurally separate from any existing pipeline; or a major extension to an existing pipeline; s 2 def greenfields pipeline project ins 2022 No. 21 (SA) s 12 (21) greenfields price protection determination has the meaning given by section 109 ; s 2 def greenfields price protection determination ins 2022 No. 21 (SA) s 12 (21) GSOO information means information that— a person gives to AEMO to comply with section 91DB ; or a person gives to AEMO for the preparation of the gas statement of opportunities in circumstances expressly permitted by the Rules; s 2 def GSOO information ins 2022 No. 3 (SA) s 4 (5) GSOO Procedures means Procedures directed at regulating the collection of information for the gas statement of opportunities; s 2 def GSOO Procedures ins 2022 No. 3 (SA) s 4 (5) GTE amendments means the amendments to this Law made by the National Gas (South Australia) (Gas Trading Exchanges) Amendment Act 2013 ; s 2 def GTE amendments ins 2013 No. 54 (SA) s 4 (2) haulage , in relation to covered gas, includes conveyance or reticulation of covered gas; s 2 def haulage amd 2023 No. 36 (SA) s 6 (15) initial classification decision ... s 2 def initial classification decision om 2022 No. 21 (SA) s 12 (22) initial National Gas Procedures means National Gas Procedures made under section 294A and includes Wholesale Market Procedures and BB Procedures in force immediately before the commencement of the National Gas (South Australia) (National Gas Law—Australian Energy Market Operator) Amendment Act 2009 ; s 2 def initial National Gas Procedures ins 2009 No. 30 (SA) s 6 (2) initial National Gas Rules means the Initial National Gas Rules made under Chapter 9 Part 2 ; s 2 def initial National Gas Rules sub 2009 No. 30 (SA) s 6 (1) – (2) amd 2009 No. 46 (SA) s 4 (2) ; 2011 No. 7 (SA) s 50 (2) ; 2014 No. 21 (SA) s 26 (3) ; 2018 No. 12 (SA) s 21 (1) initial Operational Transportation Service Code means the Operational Transportation Service Code made under section 294DA ; s 2 def initial Operational Transportation Service Code ins 2018 No. 23 (SA) s 4 (2) innovative trial principles —see section 24A ; s 2 def innovative trial principles ins 2022 No. 22 (SA) s 32 (2) international pipeline ... s 2 def international pipeline om 2022 No. 21 (SA) s 12 (22) jurisdictional determination criteria ... s 2 def jurisdictional determination criteria om 2022 No. 21 (SA) s 12 (22) jurisdictional gas legislation means an Act of a participating jurisdiction (other than national gas legislation), or any instrument made or issued under or for the purposes of that Act, that regulates the haulage of gas in that jurisdiction; jurisdictional regulator means— for New South Wales—the Independent Pricing and Regulatory Tribunal of New South Wales established by section 5 (1) of the Independent Pricing and Regulatory Tribunal Act 1992 of New South Wales; for Victoria—the Essential Services Commission established by section 7 (1) of the Essential Services Commission Act 2001 of Victoria; for Queensland—the Queensland Competition Authority established by section 7 of the Queensland Competition Authority Act 1997 of Queensland; for South Australia—the Essential Services Commission established by section 4 (1) of the Essential Services Commission Act 2002 of South Australia; for Tasmania—the Director of Gas appointed under section 7 of the Gas Act 2000 of Tasmania; for the Australian Capital Territory—the Independent Competition and Regulatory Commission for the Australian Capital Territory established by section 5 (1) of the Independent Competition and Regulatory Commission Act 1997 of the Australian Capital Territory; any other person or body— to which the functions of the jurisdictional regulator for a participating jurisdiction are assigned by or under an Act of the participating jurisdiction; or that is prescribed by the Regulations as jurisdictional regulator of a participating jurisdiction; s 2 def jurisdictional regulator ins 2009 No. 30 (SA) s 6 (2) light regulation determination ... s 2 def light regulation determination om 2022 No. 21 (SA) s 12 (22) light regulation services ... s 2 def light regulation services om 2022 No. 21 (SA) s 12 (22) limited access arrangement ... s 2 def limited access arrangement om 2022 No. 21 (SA) s 12 (22) limited access arrangement decision ... s 2 def limited access arrangement decision om 2022 No. 21 (SA) s 12 (22) listed corporation has the meaning given by section 9 of the Corporations Act 2001 of the Commonwealth; s 2 def listed corporation ins 2020 No. 37 (SA) s 47 (3) LNG facility means a facility for the processing of natural gas from a gaseous to a liquefied state or from a liquefied to a gaseous state; s 2 def LNG facility ins 2022 No. 3 (SA) s 4 (6) LNG service provider means a person who owns, controls or operates an LNG facility; s 2 def LNG service provider ins 2022 No. 3 (SA) s 4 (6) local regulation means the regulations under the application Act of a participating jurisdiction; s 2 def local regulation ins 2023 No. 36 (SA) s 6 (16) market information instrument means a general market information order or a market information notice; s 2 def market information instrument ins 2009 No. 30 (SA) s 6 (2) market information notice means a notice under section 91F (1) (b) requiring information from the person to whom the notice is addressed; s 2 def market information notice ins 2009 No. 30 (SA) s 6 (2) market operator service means a service classified under the Rules as a market operator service; s 2 def market operator service ins 2009 No. 46 (SA) s 16 MCE means the group of Ministers (constituting or forming part of a Ministerial Council, Standing Council of Ministers or similar body (however described)) responsible for energy matters at a national level comprising 9 Ministers as follows: 1 Minister from the Commonwealth; 1 Minister from each State (totalling 6 Ministers); 1 Minister from each Territory (totalling 2 Ministers), acting in accordance with its own procedures; s 2 def MCE sub 2021 No. 3 (SA) s 33 (4) MCE directed review means a review conducted by the AEMC under Chapter 2 Part 2 Division 4 ; MCE statement of policy principles means a statement of policy principles issued by the MCE under section 25 ; minimum ring fencing requirement means a requirement under Chapter 4 Part 2 Division 2 ; Ministerial coverage decision ... s 2 def Ministerial coverage decision om 2022 No. 21 (SA) s 12 (22) Ministerial Gazette notice means a notice in the South Australian Government Gazette published by the South Australian Minister on the recommendation of the MCE; s 2 def Ministerial Gazette notice ins 2009 No. 30 (SA) s 6 (2) Minister of a participating jurisdiction means a Minister who is a Minister of a participating jurisdiction within the meaning of section 22 ; National Electricity Law means the National Electricity Law set out in the Schedule to the National Electricity (South Australia) Act 1996 of South Australia; s 2 def National Electricity Law ins 2011 No. 7 (SA) s 50 (1) National Electricity Rules has the same meaning as in the National Electricity Law; s 2 def National Electricity Rules ins 2011 No. 7 (SA) s 50 (1) National Energy Retail Law means the National Energy Retail Law set out in the Schedule to the National Energy Retail Law (South Australia) Act 2011 of South Australia; s 2 def National Energy Retail Law ins 2011 No. 7 (SA) s 50 (1) National Energy Retail Rules has the same meaning as in the National Electricity Law; s 2 def National Energy Retail Rules ins 2011 No. 7 (SA) s 50 (1) national gas legislation means— the National Gas (South Australia) Act 2008 of South Australia and Regulations in force under that Act; and the National Gas (South Australia) Law; and the National Gas Access (WA) Act 2009 of Western Australia; and the National Gas Access (Western Australia) Law within the meaning given in the National Gas Access (WA) Act 2009 of Western Australia; and Regulations made under the National Gas Access (WA) Act 2009 of Western Australia for the purposes of the National Gas Access (Western Australia) Law; and an Act of a participating jurisdiction (other than South Australia or Western Australia) that applies, as a law of that jurisdiction, any part of— the Regulations referred to in paragraph (a) ; or the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia; and the National Gas Law set out in the Schedule to the National Gas (South Australia) Act 2008 of South Australia as applied as a law of a participating jurisdiction (other than South Australia or Western Australia); and the Regulations referred to in paragraph (a) as applied as a law of a participating jurisdiction (other than South Australia or Western Australia); s 2 def national gas legislation amd 2009 No. 30 (SA) s 6 (3) national gas objective means the objective set out in section 23 ; National Gas Procedures or Procedures means— the initial National Gas Procedures; and Procedures made by AEMO under this Law, including Procedures that amend or revoke the initial National Gas Procedures or Procedures earlier made by AEMO; s 2 def National Gas Procedures or Procedures ins 2009 No. 30 (SA) s 6 (2) National Gas Rules or Rules means— the initial National Gas Rules; and Rules made under Chapter 9 Part 2 Division 2 ; and Rules made by the AEMC under this Law, including Rules that amend or revoke— the initial National Gas Rules or Rules made under Chapter 9 Part 2 Division 2 ; or Rules made by it; s 2 def National Gas Rules or Rules amd 2018 No. 12 (SA) s 21 (3) – (4) natural gas means a substance that— is in a gaseous state at standard temperature and pressure; and consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; and is suitable for consumption; natural gas industry ... s 2 def natural gas industry ins 2022 No. 3 (SA) s 4 (7) om 2023 No. 36 (SA) s 6 (17) natural gas industry facility ... s 2 def natural gas industry facility ins 2022 No. 3 (SA) s 4 (7) om 2023 No. 36 (SA) s 6 (18) natural gas service ... s 2 def natural gas service om 2023 No. 36 (SA) s 6 (19) Natural Gas Services Bulletin Board ... s 2 def Natural Gas Services Bulletin Board sub 2009 No. 30 (SA) s 6 (1) – (2) amd 2018 No. 23 (SA) s 4 (3) ; 2022 No. 3 (SA) s 4 (8) om 2023 No. 36 (SA) s 6 (20) NCC ... s 2 def NCC om 2022 No. 21 (SA) s 12 (22) NCC recommendation or decision ... s 2 def NCC recommendation or decision om 2022 No. 21 (SA) s 12 (22) new facility means an extension to, or expansion of the capacity of, a pipeline which is to be treated as part of the pipeline— in accordance with the extension and expansion requirements contained in an applicable access arrangement applying to the pipeline services provided by means of that pipeline; or under this Law; See also sections 18 and 19 . s 2 def new facility amd 2022 No. 21 (SA) s 12 (23) no-coverage recommendation ... s 2 def no-coverage recommendation om 2022 No. 21 (SA) s 12 (24) non-scheme pipeline means a pipeline other than a scheme pipeline; s 2 def non-scheme pipeline ins 2022 No. 21 (SA) s 12 (24) non-scheme pipeline access dispute means an access dispute that involves a non-scheme pipeline; s 2 def non-scheme pipeline access dispute ins 2022 No. 21 (SA) s 12 (24) non scheme pipeline user ... s 2 def non scheme pipeline user om 2022 No. 21 (SA) s 12 (24) offence provision means a provision of this Law the breach or contravention of which by a person exposes that person to a finding of guilt by a court; officer has the same meaning as officer has in relation to a corporation under section 9 of the Corporations Act 2001 of the Commonwealth; old access law means Schedule 1 to the Gas Pipelines Access (South Australia) Act 1997 of South Australia as in force from time to time before the commencement of section 20 of the National Gas (South Australia) Act 2008 of South Australia; old scheme classification or determination means a classification or determination under section 10 or 11 of the old access law in force at any time before the repeal of the old access law; old scheme distribution pipeline means a pipeline that was, at any time before the repeal of the old access law— a distribution pipeline as defined in that law; and a covered pipeline as defined in the Gas Code; old scheme transmission pipeline means a pipeline that was, at any time before the repeal of the old access law— a transmission pipeline as defined in that law; and a covered pipeline as defined in the Gas Code; operational transportation service means— a transportation service that is provided under an operational transportation service agreement using transferred transportation capacity; and a service ancillary to the provision of a service referred to in paragraph (a) ; s 2 def operational transportation service ins 2018 No. 23 (SA) s 4 (2) operational transportation service agreement means an agreement between a transportation service provider and a transportation facility user that provides for— the transportation facility user to receive a transfer of transportation capacity acquired through any of the following means— a capacity auction; or a gas trading exchange; or any other means provided for in the agreement; and the terms and conditions applicable to the use of that transportation capacity; s 2 def operational transportation service agreement ins 2018 No. 23 (SA) s 4 (2) Operational Transportation Service Code has the meaning given by section 228H ; s 2 def Operational Transportation Service Code ins 2018 No. 23 (SA) s 4 (2) operative period , for a greenfields incentive determination, has the meaning given by section 102 (2) ; s 2 def operative period ins 2022 No. 21 (SA) s 12 (25) participating jurisdiction means a jurisdiction that is a participating jurisdiction by reason of section 21 ; petroleum includes any naturally occurring hydrocarbon, mixture of hydrocarbons or mixture of hydrocarbons and non-hydrocarbons, whether in gaseous, liquid or solid state; s 2 def petroleum ins 2022 No. 3 (SA) s 4 (9) petroleum tenement means a right granted under law to explore for, extract, recover or process petroleum; s 2 def petroleum tenement ins 2022 No. 3 (SA) s 4 (9) pipeline means— a pipe or system of pipes for the haulage of covered gas, and any tanks, reservoirs, machinery or equipment directly attached to that pipe or system of pipes; or a proposed pipe or system of pipes for the haulage of covered gas, and any proposed tanks, reservoirs, machinery or equipment proposed to be directly attached to the proposed pipe or system of pipes; or a part of a pipe or system of pipes or proposed pipe or system of pipes referred to in paragraph (a) or (b) , but does not include— unless paragraph (e) applies, anything upstream of a prescribed exit flange on a pipeline conveying covered gas from a prescribed gas processing plant; or if a connection point upstream of an exit flange on such a pipeline is prescribed, anything upstream of that point; or a gathering system operated as part of an upstream producing operation for processable gas; or any tanks, reservoirs, machinery, plant, facility or equipment used to remove or add components to or change covered gas (other than odourisation facilities) such as a gas processing plant or blend processing facility; or anything downstream of a point on a pipeline from which a person takes covered gas for consumption purposes; in relation to a blend processing facility—anything from the point on a pipeline from which covered gas is taken for blend processing to the point where the gas blend is injected into the pipeline or another pipeline; See also sections 18 and 19 . s 2 def pipeline amd 2023 No. 36 (SA) s 6 (21) – (25) pipeline capacity right means a right under a contract with a service provider to be provided with a pipeline service, by means of a pipeline, for a given quantity of covered gas over a given period of time; s 2 def pipeline capacity right ins 2022 No. 21 (SA) s 12 (26) amd 2023 No. 36 (SA) s 6 (26) pipeline classification criterion has the meaning given by section 13 ; pipeline coverage criteria ... s 2 def pipeline coverage criteria om 2022 No. 21 (SA) s 12 (27) pipeline interconnection principles has the meaning given by section 136 ; s 2 def pipeline interconnection principles ins 2022 No. 21 (SA) s 12 (27) pipeline reliability standard means a standard imposed by or under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to the reliable haulage of covered gas in that jurisdiction; s 2 def pipeline reliability standard amd 2023 No. 36 (SA) s 6 (27) pipeline safety duty means a duty or requirement under an Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, relating to— the safe haulage of covered gas in that jurisdiction; or the safe operation of a pipeline in that jurisdiction; s 2 def pipeline safety duty amd 2023 No. 36 (SA) s 6 (28) pipeline service means— service provided by means of a pipeline, including— a haulage service (such as firm haulage, interruptible haulage, spot haulage and backhaul); and a service providing for, or facilitating, the interconnection of pipelines; or a service ancillary to the provision of a service referred to in paragraph (a) , but does not include— the production of a primary gas, a processable gas or biogas; or the sale or purchase of a covered gas, a processable gas or biogas; or a blend processing service; s 2 def pipeline service amd 2022 No. 21 (SA) s 12 (28) ; 2023 No. 36 (SA) s 6 (29) pipeline service standard means a standard relating to the standard of the pipeline services provided by a service provider imposed— by or under jurisdictional gas legislation; or by the AER— under an access arrangement decision; or in accordance with the Rules; s 2 def pipeline service standard amd 2023 No. 36 (SA) s 6 (30) prescribed transparency information has the meaning given by section 136C ; s 2 def prescribed transparency information ins 2022 No. 21 (SA) s 12 (29) price information order has the meaning given by section 46A ; s 2 def price information order ins 2022 No. 3 (SA) s 4 (10) price or revenue regulation ... s 2 def price or revenue regulation om 2022 No. 21 (SA) s 12 (29) price regulation exemption ... s 2 def price regulation exemption om 2022 No. 21 (SA) s 12 (29) price regulation exemption recommendation ... s 2 def price regulation exemption recommendation om 2022 No. 21 (SA) s 12 (29) primary capacity transaction ... s 2 def primary capacity transaction ins 2018 No. 23 (SA) s 4 (2) om 2022 No. 3 (SA) s 4 (11) primary gas means the following: natural gas; hydrogen; biomethane; synthetic methane; a substance prescribed by the Regulations for the purpose of this definition; a substance prescribed as a primary gas in a participating jurisdiction by a local regulation of the participating jurisdiction; s 2 def primary gas ins 2023 No. 36 (SA) s 6 (31) processable gas means a substance that— is in a gaseous state at standard temperature and pressure; and consists of naturally occurring hydrocarbons, or a naturally occurring mixture of hydrocarbons and non-hydrocarbons, the principal constituent of which is methane; producer means a person who carries on a business of producing 1 or more primary gases; s 2 def producer amd 2023 No. 36 (SA) s 6 (32) prospective user has the meaning given by section 5 ; protected information has the meaning given by section 91G ; s 2 def protected information ins 2009 No. 30 (SA) s 6 (2) queuing requirements means terms and conditions providing for the priority that a prospective user has, as against any other prospective user, to obtain access to spare capacity and developable capacity; rate of return instrument —see section 30D (2) ; s 2 def rate of return instrument ins 2018 No. 33 (SA) s 13 (2) reclassification decision means a decision of the AER under Chapter 3 Part 6 Division 2 ; s 2 def reclassification decision sub 2022 No. 21 (SA) s 12 (30) recognised energy industry ombudsman ... s 2 def recognised energy industry ombudsman ins 2009 No. 30 (SA) s 6 (2) om 2011 No. 7 (SA) s 50 (4) reference service means a pipeline service specified by, or determined or approved by the AER under, the Rules as a reference service; reference tariff means a tariff or charge for a reference service— specified in an applicable access arrangement approved or made under an access arrangement decision; or determined by applying the formula or methodology contained in an applicable access arrangement approved or made under an access arrangement decision; s 2 def reference tariff amd 2022 No. 21 (SA) s 12 (31) Registered participant means a person registered as such by AEMO under this Law ( section 91BJ , section 91BRD or section 91LB ) and the Rules, but does not include a transportation service provider registered under section 91BRR ; s 2 def Registered participant ins 2009 No. 30 (SA) s 6 (2) amd 2009 No. 46 (SA) s 4 (3) ; 2018 No. 23 (SA) s 4 (4) regulated gas market means— a declared wholesale gas market; or a short term trading market; or a regulated retail gas market; s 2 def regulated gas market ins 2009 No. 30 (SA) s 6 (2) amd 2009 No. 46 (SA) s 4 (4) regulated retail gas market has the meaning given by section 91L (2) ; s 2 def regulated retail gas market ins 2009 No. 30 (SA) s 6 (2) Regulations means the regulations made under Part 3 of the National Gas (South Australia) Act 2008 of South Australia that apply as a law of this jurisdiction; regulatory information instrument means— a general regulatory information order; or a regulatory information notice; a price information order; s 2 def regulatory information instrument amd 2022 No. 3 (SA) s 4 (12) regulatory information notice has the meaning given by section 46 ; regulatory obligation or requirement has the meaning given by section 6 ; regulatory payment has the meaning given by section 7 ; relevant entity , for Part 6 Division 1A —see section 91AF (8) ; s 2 def relevant entity ins 2023 No. 7 (SA) s 4 (3) relevant adjudicator means— for a scheme pipeline access dispute—the dispute resolution body; or for a non-scheme pipeline access dispute—the arbitrator for the dispute; s 2 def relevant adjudicator ins 2022 No. 21 (SA) s 12 (32) relevant agreement , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def relevant agreement ins 2024 No. 12 (SA) s 13 (6) relevant Minister ... s 2 def relevant Minister om 2022 No. 21 (SA) s 12 (32) relevant Regulator has the same meaning as in section 2 of the old access law; REMCo means the Retail Energy Market Company Limited (ACN 103 318 556); s 2 def REMCo ins 2009 No. 30 (SA) s 6 (2) retail customer means a person to whom covered gas is sold for premises by a retailer. s 2 def retail customer ins 2011 No. 7 (SA) s 50 (1) amd 2023 No. 36 (SA) s 6 (33) retailer means a person who is the holder of a retailer authorisation issued under the National Energy Retail Law in respect of the sale of gas; s 2 def retailer ins 2011 No. 7 (SA) s 50 (1) retail gas market has the meaning given by section 91L (1) ; s 2 def retail gas market ins 2009 No. 30 (SA) s 6 (2) Retail Market Procedures means Procedures directed at regulating a retail gas market; s 2 def Retail Market Procedures ins 2009 No. 30 (SA) s 6 (2) revenue and pricing principles , in relation to a pipeline service provided by means of a scheme pipeline, means the principles set out in section 24 ; s 2 def revenue and pricing principles amd 2022 No. 21 (SA) s 12 (33) reviewable regulatory decision ... s 2 def reviewable regulatory decision ins 2013 No. 79 (SA) s 19 (3) om 2021 No. 3 (SA) s 33 (5) ring fencing decision means— an AER ring fencing determination; or a decision granting or not granting an exemption under Rules made under section 148A ; or an associate contract decision; s 2 def ring fencing decision amd 2022 No. 21 (SA) s 12 (34) rule dispute means a dispute for the resolution of which provision is made in the Rules; s 2 def rule dispute ins 2009 No. 30 (SA) s 6 (2) scheme pipeline means— a pipeline to which a scheme pipeline determination applies; or a designated pipeline; or a pipeline in respect of which a scheme pipeline election takes effect; However, see section 99 in relation to when a pipeline the subject of a scheme pipeline revocation determination ceases to be a scheme pipeline. s 2 def scheme pipeline sub 2022 No. 21 (SA) s 12 (35) scheme pipeline access dispute means an access dispute that involves a scheme pipeline; s 2 def scheme pipeline access dispute ins 2022 No. 21 (SA) s 12 (35) scheme pipeline determination has the meaning given by section 92 (1) ; s 2 def scheme pipeline determination ins 2022 No. 21 (SA) s 12 (35) scheme pipeline election has the meaning given by section 95 ; s 2 def scheme pipeline election ins 2022 No. 21 (SA) s 12 (35) scheme pipeline revocation determination means a determination made under section 97 (1) ; s 2 def scheme pipeline revocation determination ins 2022 No. 21 (SA) s 12 (35) scheme pipeline service provider means a service provider who provides or intends to provide pipeline services by means of a scheme pipeline; s 2 def scheme pipeline service provider ins 2022 No. 21 (SA) s 12 (35) secondary capacity transaction ... s 2 def secondary capacity transaction ins 2018 No. 23 (SA) s 4 (2) om 2022 No. 3 (SA) s 4 (13) service provider has the meaning given by section 8 ; service provider performance report means a report prepared by the AER under section 64 ; short term trading market means a market for the supply of covered gas that— operates in an adoptive jurisdiction; and is defined in a Rule made for the purposes of Chapter 2 Part 6 Division 2A to be a short term trading market of that adoptive jurisdiction; There may be more than 1 short term trading market of an adoptive jurisdiction. s 2 def short term trading market ins 2009 No. 46 (SA) s 4 (5) amd 2023 No. 36 (SA) s 6 (34) small shipper has the meaning given by section 8AB ; s 2 def small shipper ins 2022 No. 21 (SA) s 12 (36) South Australian Minister means the Minister of the Crown in right of South Australia administering Part 2 of the National Gas (South Australia) Act 2008 of South Australia; s 2 def South Australian Minister ins 2022 No. 21 (SA) s 12 (36) spare capacity means unutilised capacity of a pipeline; standard gas day means the 24 hour period starting at the time specified in the standard market timetable; s 2 def standard gas day ins 2018 No. 23 (SA) s 4 (2) standard market timetable means the standard market timetable provided for in the Rules in accordance with section 83B ; s 2 def standard market timetable ins 2018 No. 23 (SA) s 4 (2) standard OTSA means an operational transportation service agreement within the meaning of section 228B as amended from time to time; s 2 def standard OTSA ins 2018 No. 23 (SA) s 4 (2) statutory functions , in relation to AEMO, means functions or powers conferred under— this Law, the Rules or the Procedures; or the National Electricity Law or the National Electricity Rules; s 2 def statutory functions ins 2009 No. 30 (SA) s 6 (2) storage facility means a facility for storing processable gas, biogas or covered gas (including liquefied natural gas) before or after processing, blending or separating; s 2 def storage facility ins 2022 No. 3 (SA) s 4 (14) amd 2023 No. 36 (SA) s 6 (35) – (36) storage provider means any person who owns, controls or operates a storage facility; s 2 def storage provider sub 2022 No. 3 (SA) s 4 (14) STTM amendments means— the amendments to this Law made by the National Gas (South Australia) (Short Term Trading Market) Amendment Act 2009 of South Australia; and the amendments to the Rules made under section 294B ; and the STTM Procedures first made under this Law after the enactment of the amendments referred to in paragraph (a) ; s 2 def STTM amendments ins 2009 No. 46 (SA) s 4 (5) STTM functions —AEMO’s STTM functions are as set out in section 91BRB ; s 2 def STTM functions ins 2009 No. 46 (SA) s 4 (5) STTM hub means a point or points, situated in an adoptive jurisdiction, specified in the Rules or STTM Procedures, at which a short term trading market operates; s 2 def STTM hub ins 2009 No. 46 (SA) s 4 (5) STTM information means information that— a person gives to AEMO, to comply with section 91FEA (1) ; or a person gives, in circumstances expressly required or permitted by the Procedures or Rules— to AEMO in its capacity as operator of a short term trading market in which the person participates; to AEMO in its capacity as operator of another regulated gas market if that information is to be used for the purpose of a short term trading market in which the person participates; s 2 def STTM information ins 2009 No. 46 (SA) s 4 (5) STTM Procedures means Procedures directed at regulating a short term trading market; s 2 def STTM Procedures ins 2009 No. 46 (SA) s 4 (5) STTM trading participant means a person referred to in section 91BRC ; s 2 def STTM trading participant ins 2009 No. 46 (SA) s 4 (5) superseded jurisdictional rules means— legislation (including subordinate legislation) of a participating jurisdiction regulating the gas industry in that jurisdiction that— was in force immediately before the relevant changeover date; and is superseded by the AEMO amendments; and rules to which a member of a corporate former gas market operator was subject, immediately before the relevant changeover date, under the constitution of the former gas market operator; and a licence condition governing the activities of the licensee in, or in relation to, a regulated retail gas market in a participating jurisdiction— in force immediately before the relevant changeover date; and superseded by the AEMO amendments; and a guideline, code, standard or other instrument governing the operation or regulation of a gas market in a participating jurisdiction— made or issued by the jurisdictional regulator; and in force immediately before the relevant changeover date; and superseded by the AEMO amendments; The Gas Market Retail Rules (Vic) and the Gas Industry Market and System Operation Rules (Vic) . The Gas Retail Market Business Rules to Support Retail Competition in Gas (NSW) . The Gas Market Retail Rules (Qld) . The Retail Market Rules (SA) . s 2 def superseded jurisdictional rules ins 2009 No. 30 (SA) s 6 (2) supply includes— in relation to goods—supply (including re-supply) by way of sale, exchange, lease, hire or hire purchase; and in relation to services—provide, grant or confer; synthetic methane means a substance— that is in a gaseous state at standard temperature and pressure; and the principal constituent of which is methane; and that is produced by the methanation of carbon dioxide; and that is suitable for consumption; s 2 def synthetic methane ins 2023 No. 36 (SA) s 6 (37) tariff means a rate by which a charge for a pipeline service is calculated; tender approval decision ... s 2 def tender approval decision om 2022 No. 21 (SA) s 12 (37) Territory means the Australian Capital Territory or the Northern Territory; trader means a person who— buys or sells covered gas; and in doing so is not acting in some other registrable capacity; and where the person is the purchaser of covered gas, is not buying the covered gas for the purchaser’s own use; s 2 def trader ins 2009 No. 30 (SA) s 6 (2) amd 2023 No. 36 (SA) s 6 (38) transaction support arrangements means arrangements to facilitate transactions with respect to transportation capacity and related goods and services concluded or to be concluded through a gas trading exchange or a capacity auction; s 2 def transaction support arrangements ins 2018 No. 23 (SA) s 4 (2) transfer , in relation to transportation capacity, includes a reduction in a person’s right to the transportation capacity and a corresponding increase in another person’s right to transportation capacity, whether or not on the same terms and conditions; s 2 def transfer ins 2018 No. 23 (SA) s 4 (2) transmission pipeline means a pipeline that— is classified as a transmission pipeline under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation; or if the licence or authorisation mentioned in paragraph (a) does not include a classification of the pipeline—is classified by the AER as a transmission pipeline, and includes a pipeline that is reclassified by the AER as a transmission pipeline; See Chapter 3 Part 6 in relation to the classification and reclassification of pipelines. See also sections 18 and 19 . s 2 def transmission pipeline sub 2022 No. 21 (SA) s 12 (38) transportation capacity means a right under a contract with a transportation service provider to be provided with a transportation service by means of a transportation facility, for a given quantity of covered gas over a given period of time; s 2 def transportation capacity ins 2018 No. 23 (SA) s 4 (2) amd 2023 No. 36 (SA) s 6 (39) transportation facility means— a pipeline; or a compression service facility; or another facility of a type specified by the Regulations for the purposes of this paragraph; s 2 def transportation facility ins 2018 No. 23 (SA) s 4 (2) transportation facility user means a person who is a party to a contract with a transportation service provider under which the transportation service provider provides, or intends to provide, a transportation service to that person by means of a transportation facility and includes a user; s 2 def transportation facility user ins 2018 No. 23 (SA) s 4 (2) amd 2022 No. 21 (SA) s 12 (39) transportation service means— a pipeline service; or a service provided by means of a compression service facility; or a service provided by means of any other facility of a type specified by the Regulations for the purposes of paragraph (c) of the definition of transportation facility ; s 2 def transportation service ins 2018 No. 23 (SA) s 4 (2) transportation service provider means a person who owns, controls or operates a transportation facility; s 2 def transportation service provider ins 2018 No. 23 (SA) s 4 (2) trial project means a project— that— the AER is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial waiver for a trial project); or the AEMC is satisfied is genuinely innovative taking into account the innovative trial principles (in relation to a trial Rule for the purposes of a trial project); and tests an approach in relation to covered gas services; s 2 def trial project ins 2022 No. 22 (SA) s 32 (3) amd 2023 No. 36 (SA) s 6 (40) trial Rule —see section 290 ; s 2 def trial Rule ins 2022 No. 22 (SA) s 32 (3) trial waiver —see section 30W ; s 2 def trial waiver ins 2022 No. 22 (SA) s 32 (3) Tribunal means the Australian Competition Tribunal referred to in the Competition and Consumer Act 2010 of the Commonwealth and includes a member of the Tribunal or a Division of the Tribunal performing functions of the Tribunal; user means a person who— is a party to a contract with a service provider under which the service provider provides or intends to provide a pipeline service to that person by means of a pipeline; or has a right under an access determination to be provided with a pipeline service by means of a pipeline; s 2 def user amd 2022 No. 21 (SA) s 12 (40) user facility means a facility by means of which covered gas is consumed (including by transformation of the gas into a new form) and which is not any other form of covered gas industry facility; s 2 def user facility ins 2022 No. 3 (SA) s 4 (15) amd 2023 No. 36 (SA) s 6 (41) user or consumer association ... s 2 def user or consumer association ins 2013 No. 79 (SA) s 19 (4) om 2022 No. 21 (SA) s 12 (41) user or consumer interest group ... s 2 def user or consumer interest group ins 2013 No. 79 (SA) s 19 (4) om 2022 No. 21 (SA) s 12 (41) VENCorp means the Victorian Energy Networks Corporation continued under Part 8 of the Gas Industry Act 2001 of Victoria until the AEMO amendments come into force; s 2 def VENCorp sub 2009 No. 30 (SA) s 6 (1) – (2) wholesale gas market , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def wholesale gas market ins 2024 No. 12 (SA) s 13 (7) wholesale gas market participant , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def wholesale gas market participant ins 2024 No. 12 (SA) s 13 (7) wholesale market monitoring guidelines , for Chapter 2 Part 1 Division 1AA —see section 30AA ; s 2 def wholesale market monitoring guidelines ins 2024 No. 12 (SA) s 13 (7) Wholesale Market Procedures means Procedures directed at regulating the declared wholesale gas market of an adoptive jurisdiction. s 2 def Wholesale Market Procedures ins 2009 No. 30 (SA) s 6 (2) (sec.2-ssec.2) A reference in this Law to an end user includes a reference to a prospective end user. (sec.2-ssec.3) A reference in this Law to the east coast gas system includes a reference to part of the east coast gas system. (sec.2-ssec.4) The Minister responsible for the administration of an application Act under which a regulation is made for paragraph (f) of the definition of primary gas must publish notice of the making of the regulation in the South Australian Government Gazette.