91MRetail Market Procedures

91M Retail Market Procedures 91MA Nature of Retail Market Procedures 91MB Compliance with Retail Market Procedures Chapter 3—Regulatory framework for pipelines Part 1—Scheme pipeline determinations and scheme pipeline elections Division 1—Scheme pipeline determinations 92 AER may make scheme pipeline determination 93 Requirements for making, or not making, a scheme pipeline determination 94 Effect of scheme pipeline determination Division 2—Scheme pipeline elections 95 Scheme pipeline elections 96 Effect of scheme pipeline elections Part 2—Scheme pipeline revocation determinations 97 AER may make scheme pipeline revocation determination 98 Requirements for making, or not making, a scheme pipeline revocation determination 99 Effect of scheme pipeline revocation determination Part 3—Greenfields incentive determinations and greenfields price protection determinations Division 1—Greenfields incentive determinations 100 AER may make greenfields incentive determination 101 Requirements for making, or not making, a greenfields incentive determination 102 Effect of greenfields incentive determination 103 Requirement for conformity between pipeline description and pipeline as constructed 104 Power of AER to amend pipeline description Division 2—Early termination of greenfields incentive determination 105 Greenfields incentive determination may lapse 106 Revocation by consent 107 Revocation for misrepresentation 108 Exhaustive provision for termination of greenfields incentive determination Division 3—Greenfields price protection determinations 109 AER may make greenfields price protection determination 110 Requirements for making, or not making, a greenfields price protection determination 111 Effect of greenfields price protection determination Part 4—Principles governing the making of particular determinations 112 Principles governing the making of particular determinations Part 5—Access arrangements for scheme pipelines Division 1—Submissions generally 113 Submission of access arrangement or revisions to applicable access arrangement Division 2—Provisions relating to applicable access arrangements 114 Protection of certain pre-existing contractual rights 115 Service provider may enter into agreement for access different from applicable access arrangement 116 Applicable access arrangements continue to apply regardless of who provides pipeline service Part 6—Classification and reclassification of pipelines Division 1—Classification of pipelines 117 Application for classification of pipeline Division 2—Reclassification of pipelines 118 Reclassification of pipelines Division 3—Provisions relating to classification and reclassification decisions 119 Requirements for making classification or reclassification decisions 120 Effect of classification decision or reclassification decision Part 7—AER reviews into designated pipelines 121 AER reviews Chapter 4—General requirements for provision of pipeline services Part A1—Preliminary 130 Application of this Chapter Part 1—General duties for provision of pipeline services by pipelines 131 Service provider must be legal entity of a specified kind to provide pipeline services 133 Preventing or hindering access 135 Service provider must comply with queuing requirements 136 Compliance with pipeline interconnection principles 136A Prohibition against increasing charges to subsidise particular development 136B Prohibition on bundling of services 136C Service providers must publish prescribed transparency information Part 2—Structural and operational separation requirements (ring fencing) 137 Definitions 138 Meaning of marketing staff Division 2—Minimum ring fencing requirements 139 Carrying on of related businesses prohibited 140 Marketing staff and the taking part in related businesses 141 Accounts that must be prepared, maintained and kept Division 3—Additional ring fencing requirements 142 Division does not limit operation of Division 2 143 AER ring fencing determinations 144 AER to have regard to likely compliance costs of additional ring fencing requirements 145 Types of ring fencing requirements that may be specified in an AER ring fencing determination Division 4—Associate contracts 147 Service provider must not enter into or give effect to associate contracts that have anti-competitive effect 148 Service provider must not enter into or give effect to associate contracts inconsistent with competitive parity rule Division 5—Exemptions from particular requirements 148AA Exemptions from section 147(c) 148A Exemptions from particular requirements Part 3—Negotiation of access 148B Definition 148C Access proposals 148D Duty to negotiate in good faith Part 4—AER reviews about application of this Chapter 148E AER reviews about application of this Chapter Chapter 5—Access disputes Part 1—Interpretation and application 149 Definitions 150 Application of this Chapter to disputes arising under the Rules 151 Chapter does not limit how disputes about access may be raised or dealt with Part 2—Notice of access dispute and other provisions Division 1—Notice of access dispute 152 Notice of access dispute 153 Withdrawal of notice Division 2—Parties to an access dispute 154 Parties to an access dispute Part 3—Alternative dispute resolution for access disputes Division 1—Alternative dispute resolution for scheme pipeline access disputes 155 Dispute resolution body may require parties to engage in alternative dispute resolution Division 2—Mediation of access disputes involving small shippers 156 Small shipper may elect to have access dispute mediated 157 Appointment of mediator 158 Party's lawyer may be present at mediation Part 4—Arbitration of non‑scheme pipeline access disputes 159 Reference of non‑scheme pipeline access dispute to arbitration 160 Appointment of arbitrator Part 5—Access determination Division 1—Determination of access disputes generally 161 Determination of access dispute 162 Matters to be taken into account for access disputes 163 Restrictions on access determinations 164 Access determinations and part contributions of capital to fund installations or the construction of new facilities Division 2—Particular provisions relating to scheme pipeline access disputes 165 Access determination must give effect to applicable access arrangement 166 Rules may allow determination that varies applicable access arrangement for installation of a new facility Part 6—Variation of access determinations 167 Variation of access determination—scheme pipeline disputes 168 Variation of access determination—non‑scheme pipeline disputes Part 7—Termination of access dispute 169 Relevant adjudicator may terminate access dispute in particular circumstances Part 8—Compliance with access determinations 170 Compliance with access determination 171 Subsequent service providers bound by access determinations Part 9—Access dispute hearing procedure 172 Part applies subject to any modifications prescribed by the Regulations 173 Fast track resolution process—scheme pipeline access disputes 174 Hearing to be in private 175 Right to representation 176 Procedure of relevant adjudicator 177 Particular powers of relevant adjudicator in a hearing 178 Role of a dispute resolution expert 179 Disclosure of information 180 Power to take evidence on oath or affirmation 181 Failing to attend as a witness 182 Failing to answer questions etc 183 Intimidation etc 184 Particular powers of a relevant adjudicator in a hearing Part 10—Costs Division 1—Scheme pipeline access disputes 185 Costs—scheme pipeline access disputes 186 Outstanding costs are a debt due to party awarded the costs—scheme pipelines 187 Regulations about the costs to be paid by parties to access dispute—scheme pipelines Division 2—Non‑scheme pipeline disputes 188 Costs of arbitration of non‑scheme pipeline disputes Division 3—Mediation of access disputes involving small shippers 189 Costs of mediation of access disputes involving small shippers Part 11—Joint access dispute hearings—scheme pipeline disputes 190 Definition 191 Joint dispute hearing 192 Consulting the parties 193 Constitution and procedure of dispute resolution body for joint dispute hearings 194 Record of proceedings etc Part 12—Miscellaneous matters 195 Correction of access determinations for clerical mistakes etc 196 User's existing capacity rights during an access dispute Chapter 5A—Third‑party access obligations for non‑pipeline facilities Part 1—Information transparency 197 Definitions 198 Information and transparency requirements relating to facilities 199 Publication of information relating to facilities Part 2—Access to certain facilities 200 Definitions 201 Preventing or hindering access to relevant facilities 202 Terms and conditions must not discriminate 203 Duty to negotiate in good faith 204 Rules about ring fencing Chapter 7—The Gas Bulletin Board Part 1—AEMO to be Bulletin Board operator 217 AEMO to be Bulletin Board operator 218 AEMO's obligation to maintain Bulletin Board 219 AEMO's other functions as operator of Gas Bulletin Board 222 Fees for services provided Part 2—Bulletin Board information 223 Obligation to give information to AEMO 224 Person cannot rely on duty of confidence to avoid compliance with obligation 225 Giving false or misleading information 226 Immunity of persons giving information to AEMO or AER 226A Provision of certain information to AER Part 3—BB Procedures 227 BB Procedures 228 Nature of BB Procedures 228A Compliance with BB Procedures Chapter 7A—Access to operational transportation services Part 1—Standard terms for operational transportation services 228B Transportation service provider to publish standard OTSA 228C Formation of contracts on standard terms 228D Exemptions from obligations under section 228B or 228C 228E Requirements relating to standard OTSA 228F Service provider may enter into agreements different from a standard OTSA Part 2—Operational Transportation Service Code 228G Operational Transportation Service Code 228H Nature of the Operational Transportation Service Code Part 3—Other matters relating to access to operational transportation services 228I Service requirements may be specified in the Rules 228J When operational transfer must be offered 228K Preventing or hindering access to operational transportation services 228L Transportation service provider providing operational transportation services must not price discriminate Chapter 8—Proceedings under the National Gas Law Part 1—Proceedings generally 229 Instituting civil proceedings under this Law 230 Time limits within which proceedings may be instituted Part 1A—Enforceable undertakings 230A Enforceable undertakings Part 2—Proceedings for breaches of this Law, Regulations, the Rules or the Procedures 231 AER proceedings for breaches of this Law, Regulations or the Rules that are not offences 232 Proceedings for declaration that a person has breached a conduct provision 233 Actions for damages by persons for breach of conduct provision Part 3—Matters relating to breaches of this Law, the Regulations or the Rules 234 Matters for which there must be regard in determining amount of civil penalty 235 Breach of a civil penalty provision is not an offence 236 Breaches of civil penalty provisions involving continuing failure 237 Conduct in breach of more than 1 civil penalty provision 238 Persons involved in breach of civil penalty provision or conduct provision 239 Attempt to breach a civil penalty provision 240 Civil penalties payable to the Commonwealth Part 4—Judicial review of decisions under this Law, the Regulations and the Rules 241 Definition 242 Applications for judicial review of decisions of the AEMC 243 Applications for judicial review of AEMO's decisions Part 5—Merits review and other non-judicial review 244 Definitions Division 3—Tribunal review of information disclosure decisions 263 Application for review 264 Exclusion of public in certain cases 265 Determination in the review 266 Tribunal must be taken to have affirmed decision if decision not made within time 267 Assistance from AER or AEMO Division 4—General 268 Costs in a review 269 Amount of costs Part 5A—Dispute resolution under the Rules 270B Commercial Arbitration Acts to apply to proceedings before Dispute resolution panels 270C Appeals on questions of law from decisions or determinations of Dispute resolution panels Part 6—Enforcement of access determinations 271 Enforcement of access determinations 272 Consent injunctions 273 Interim injunctions 274 Factors relevant to granting a restraining injunction 275 Factors relevant to granting a mandatory injunction 276 Discharge or variation of injunction or other order Part 7—Infringement notices 277 Power to serve notice 278 Form of notice 279 Infringement penalties 280 AER cannot institute proceedings while infringement notice on foot 281 Late payment of penalty 282 Withdrawal of notice 283 Refund of infringement penalty 284 Payment expiates breach of civil penalty provision 285 Payment not to have certain consequences 286 Conduct in breach of more than 1 civil penalty provision Part 8—Further provision for corporate liability for breaches of this Law etc 287 Definition 288 Offences and breaches by corporations 289 Corporations also in breach if officers and employees are in breach Chapter 9—The making of the National Gas Rules 290 Definitions Division 2—Rule making tests 291 Application of national gas objective 292 AEMC must take into account form of regulation factors in certain cases 293 AEMC must take into account revenue and pricing principles in certain cases 293A AEMC must take into account innovative trial principles in certain cases Part 2—Minister initiated National Gas Rules Division 1—Initial Rules made by Minister 294 South Australian Minister to make initial National Gas Rules 294A South Australian Minister to make initial Rules and Procedures related to AEMO's functions under this Law 294B South Australian Minister to make initial Rules related to AEMO's declared STTM functions 294C South Australian Minister may make initial Rules and Retail Market Procedures relating to implementation of NERL and NERR 294CA South Australian Minister may make consequential Rules relating to rate of return instrument 294D South Australian Minister to make initial Rules relating to AEMO's gas trading exchange functions 294DA South Australian Minister to make initial Rules relating to the capacity reforms 294E South Australian Minister to make initial Rules relating to Energy Consumers Australia 294EA South Australian Minister to make initial Rules relating to regulatory sandboxing 294F South Australian Minister to make initial Rules relating to access to non‑scheme pipelines 294FA South Australian Minister to make initial Rules relating to enhanced market transparency 294FB South Australian Minister to make initial Rules relating to pipeline regulation 294FC South Australian Minister to make initial Rules relating to national gas objective 294FD South Australian Minister to make initial Rules relating to other gases 294FE South Australian Minister to make initial Rules relating to wholesale market monitoring matters Division 2—Rules made by Minister from time to time 294G South Australian Minister may make Rules on recommendation of MCE and Energy Security Board Part 3—Procedure for the making of a Rule by the AEMC 295 Initiation of making of a Rule 296 AEMC may make more preferable Rule in certain cases 297 AEMC may make Rules that are consequential to a Rule request 298 Content of requests for a Rule 299 Waiver of fee for Rule requests 300 Consolidation of 2 or more Rule requests 301 Initial consideration of request for Rule 302 AEMC may request further information from Rule proponent in certain cases 303 Notice of proposed Rule 304 Publication of non-controversial or urgent final Rule determination 304A Publication of final Rule determination for trial Rule 305 "Fast track" Rules where previous public consultation by gas market regulatory body or an AEMC review 306 Right to make written submissions and comments 307 AEMC may hold public hearings before draft Rule determination 308 Draft Rule determination 309 Right to make written submissions and comments in relation to draft Rule determination 310 Pre-final Rule determination hearing may be held 311 Final Rule determination 312 Proposal to make more preferable Rule 313 Making of Rule 314 Operation and commencement of Rule 314A Extension of trial Rule 314B AEMC may impose requirements on proponent of trial project on making trial Rule 314C AEMC may revoke trial Rule on recommendation of AER 314D Special provision for revocation of trial Rule 315 Rule that is made to be published on website and made available to the public 316 Evidence of the National Gas Rules Part 4—Miscellaneous provisions relating to rule making by the AEMC 317 Extension of periods of time in Rule making procedure 318 AEMC may extend period of time for making of final Rule determination for further consultation 319 AEMC may publish written submissions and comments unless confidential 320 AEMC must publicly report on Rules not made within 12 months of public notification of requests 320A Subsequent rule making by AEMC Chapter 10—General Part 2—Handling of confidential information Division 1—Disclosure of confidential information held by AER 324 Authorised disclosure of information given to the AER in confidence 325 Disclosure with prior written consent is authorised 326 Disclosure for purposes of court and tribunal proceedings and to accord natural justice 326A Disclosure of information to Energy Security Board 327 Disclosure of information given to the AER with confidential information omitted 328 Disclosure of information given in confidence does not identify anyone 328A Disclosure of information that has entered the public domain 328B Disclosure of information in an aggregated form 329 Disclosure of information authorised if detriment does not outweigh public benefit Division 2—Disclosure of confidential information held by AEMC 330 Confidentiality of information Part 3—Miscellaneous 332 Failure to make a decision under this Law or the Rules within time does not invalidate the decision 333 Withdrawal of applications relating to particular determinations or classification 335A Penalty privilege 335B Court may grant relief from liability 336 Savings and transitionals Schedule 1—Subject matter for the National Gas Rules Schedule 2—Miscellaneous provisions relating to interpretation 1 Displacement of Schedule by contrary intention Part 2—General 2 Law to be construed not to exceed legislative power of Legislature 3 Changes of drafting practice not to affect meaning 4 Material that is, and is not, part of Law 5 References to particular Acts and to enactments 6 References taken to be included in Act or Law citation etc 7 Interpretation best achieving Law's purpose 8 Use of extrinsic material in interpretation 9 Compliance with forms Part 3—Terms and references 10 Definitions 11 Provisions relating to defined terms and gender and number 12 Meaning of may and must etc 13 Words and expressions used in statutory instruments 14 References to Minister 15 Production of records kept in computers etc 16 References to this jurisdiction to be implied 17 References to officers and holders of offices 18 Reference to certain provisions of Law Part 4—Functions and powers 19 Performance of statutory functions 20 Power to make instrument or decision includes power to amend or repeal 21 Matters for which statutory instruments may make provision 22 Presumption of validity and power to make 23 Appointments may be made by name or office 24 Acting appointments 25 Powers of appointment imply certain incidental powers 26 Delegation 27 Exercise of powers between enactment and commencement Part 5—Distance and time 28 Matters relating to distance and time Part 6—Service of documents 29 Service of documents and meaning of service by post etc 30 Meaning of service by post etc Part 7—Evidentiary matters Division 1—Publication on websites 31 Definitions 32 Publication of decisions on websites Division 2—Evidentiary certificates 33 Definitions 34 Evidentiary certificates—AER 35 Evidentiary certificates—AEMC 38 Evidentiary certificates—AEMO Part 8—Commencement of this Law and statutory instruments 39 Time of commencement of this Law or a provision of this Law 40 Time of commencement of a Rule Part 9—Effect of repeal, amendment or expiration 41 Time of Law, the Regulations or Rules ceasing to have effect 42 Repealed Law, Regulation or Rule provisions not revived 43 Saving of operation of repealed Law, Regulation or Rule provisions 44 Continuance of repealed provisions 45 Law and amending Acts to be read as one Part 10—Offences under this Law 46 Penalty at foot of provision 47 Penalty other than at foot of provision 47A Indexation of civil penalty amounts 47B Indexation of criminal penalties 48 Indictable offences and summary offences 49 Double jeopardy 50 Aiding and abetting, attempts etc Part 11—Instruments under this Law 51 Schedule applies to statutory instruments 51A Rate of return instrument construed not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law 52 National Gas Rules to be construed so as not to exceed the legislative power of the Legislature of this jurisdiction or the powers conferred by this Law 53 Invalid Rules 53A Invalid rate of return instrument Schedule 3—Savings and transitionals 1 Definitions 1A Words in particular provisions have meanings given by former section 2 2 Schedule subject to jurisdictional transitional arrangements in jurisdictional legislation Part 2—General savings provision 3 Saving of operation of old access law and Gas Code Part 3—Classification and coverage of pipelines 4 Pending applications for the classification of pipelines lapse 5 Old scheme coverage determinations 6 Old scheme covered transmission pipelines 7 Old scheme covered distribution pipelines 8 Pending coverage applications under old scheme (before NCC recommendation) 9 Pending relevant Minister decisions in relation to coverage under old scheme 10 Pending relevant Minister decisions in relation to coverage that are reviewed under old scheme 11 Pending old scheme coverage determinations where no applications for review under old scheme 12 Pending old scheme coverage determinations where applications for review under old scheme on foot 13 Pending old scheme no-coverage determinations where no applications for review under old scheme 14 Pending old scheme no-coverage determinations where applications for review under old scheme on foot 15 Pending coverage revocation applications under old scheme (before NCC recommendation) 16 Pending relevant Minister decisions in relation to coverage revocation under old scheme 17 Pending relevant Minister decisions in relation to coverage revocation that are reviewed under old scheme 18 Pending old scheme coverage revocation determinations where no applications for review under old scheme 19 Pending old scheme coverage revocation determinations where applications for review under old scheme on foot 20 Pending old scheme coverage non-revocation determinations where no applications for review under old scheme 21 Pending old scheme coverage non-revocation determinations where applications for review under old scheme on foot 22 Binding no-coverage determinations 23 Pending applications for binding no-coverage determinations (before NCC recommendation) 24 Pending relevant Minister decisions for binding no-coverage determinations under old scheme 25 Pending relevant Minister decisions in relation to binding no‑coverage determinations that are reviewed under old scheme Part 4—Access arrangements 26 Current access arrangements (other than old scheme limited access arrangements) 27 Old scheme limited access arrangements 28 Access arrangements submitted but not approved or rejected before repeal of old scheme 29 Access arrangement revisions submitted but not approved or rejected before repeal of old scheme 30 Certain provisions of the Gas Code to continue to apply to current and proposed access arrangements 31 Certain decisions relating to certain access arrangements are reviewable regulatory decisions for purposes of Chapter 8 Part 5 of the Law 32 Limited access arrangements submitted but not approved before repeal of old scheme 33 Extensions and expansions policies 34 Queuing policies Part 5—Price regulation exemptions 35 Old scheme price regulation exemptions 36 Pending applications for price regulation exemptions 37 Pending Commonwealth Minister decisions for price regulation exemptions Part 6—Structural and operational separation (ring fencing) 38 Definitions 39 Compliance with certain old scheme ring fencing requirements sufficient compliance for 6 month period 40 Existing waivers of ring fencing obligations 41 Additional ring fencing obligations Part 7—Access disputes 42 Non-finalised access disputes Part 8—Investigations and proceedings 43 Investigations into breaches and possible breaches of the old access law or Gas Code 44 AER may conduct investigations into breaches or possible breaches of Gas Pipelines Access Law not investigated by a relevant Regulator 45 AER may bring proceedings in relation to breaches of old access law and Gas Code Part 9—Associate contracts 46 Pending associate contract approvals that are approved after commencement day 47 Pending associate contracts approvals that are not approved 48 Approved associate contracts Part 10—Other 49 Pending and final tender approval requests lapse 50 Decisions approving final approval requests 51 Rights under certain change of law provisions in agreements or deeds not to be triggered 52 References to relevant Regulator in access arrangements 53 Old scheme classifications and scheme participant determinations Part 11—Transitional provisions related to AEMO's new functions and its assumption of role of former gas market operators Division 1—Preliminary 54 Definitions Division 2—General provisions 55 Saving operation of superseded jurisdictional rules 56 Transitional provisions governing accrued and accruing rights, liabilities etc 57 Investigations 58 Proceedings for breach of superseded jurisdictional rules 59 Dispute resolution 60 Registered participants 61 Instruments made by former gas market operators 62 Rule change proposals 63 Incompatibility between request for the making of Rule or Procedure and Minister-initiated Rule or Procedure 64 Natural Gas Services Bulletin Board 65 Publication of notices etc 66 Rights under change of law provisions not to be triggered by amendments to this Law etc Division 3—Transfer of assets and liabilities of GMC and AEMO T 67 Transfer of assets and liabilities 68 Transfer of AEMO T's assets and liabilities 69 Effect of relevant transfer order 70 Continued effect of certain acts by GMC or AEMO T 71 Continuation of proceedings 72 Validity and effect of things done under this Division 73 Evidence of transfer 74 Obsolete references Division 4—Acceptance of transfer from former gas market operators and AEMO T 75 Parties to transfer must do anything necessary to perfect transfer 76 Corporations Act displacement 77 AEMO's fees and charges 78 Establishment expenditure 79 Expenditure on gas statement of opportunities Division 6—Information 80 Transferred information 81 Calculations Division 7—Deferral of relevant legislative innovations in Queensland 82 Queensland Minister's power to defer commencement of relevant legislative innovations Division 8—Special transitional provisions for South Australia 83 Definitions 84 Transitional contracts 85 Contractual provisions for dispute resolution 86 Risk allocation Part 12—Transitional provision related to short term trading markets 87 Initial STTM Procedures Part 13—Application of National Energy Retail Law amendments 88 Application of National Energy Retail Law amendments Part 14—Information publication 89 Information publication Part 15—Transitional provision related to AEMC rule making powers 90 AEMC rule making powers Part 16—Transitional provisions relating to capacity trading and auctions and harmonisation amendments 91 Immunity from liability—implementation or use of standard market timetable 92 Immunity from liability—supply of capacity through capacity auctions 93 Immunity for giving effect to the auction priority principles 94 Transitional regulations Part 17—Transitional provisions for rate of return instrument 95 Definitions 96 Making first rate of return instrument if review not completed before commencement 97 Making first rate of return instrument if review completed before commencement 98 Application of this Law to particular decisions Part 18—Savings and transitional provisions related to Ministerial Council on Energy amendments 99 Definitions 100 References to Ministerial Council on Energy 101 Rights under certain change of law provisions in agreements or deeds not to be triggered 102 Rights under contracts etc 103 Saving of decisions etc Part 19—Transitional provisions related to pipeline regulation amendments 104 Definitions Division 2—Regulation and classification of pipelines Subdivision 1—Covered pipelines generally 105 Particular covered pipelines deemed to be scheme pipelines Subdivision 2—Provisions for tender approval pipelines 106 Particular tender approval pipelines become scheme pipelines 107 When particular scheme pipelines become non‑scheme pipelines Subdivision 3—Provisions for voluntary access arrangement pipelines 108 Particular voluntary access arrangement pipelines become scheme pipelines 109 When particular scheme pipelines become non‑scheme pipelines Subdivision 4—Classification of pipelines 110 Classification under pre-amended Law continues in effect 111 Pipelines not classified under pre-amended Law or jurisdictional gas legislation 112 Notice to be given about classification of particular pipelines Division 3—Pending matters under Chapter 3 of pre-amended Law 113 Pending applications under Chapter 3 of pre-amended Law 114 Recommendation-making process under Chapter 3 of pre-amended Law 115 Decision-making process under Chapter 3 of pre-amended Law Division 4—Provisions for limited access arrangements 116 Limited access arrangements 117 Submission of limited access arrangement Division 5—Provisions for 15-year no-coverage determinations Subdivision 1—General provisions 118 15-year no-coverage determinations deemed to be greenfields incentive determinations 119 Exemption for pipelines to which a 15‑year no-coverage determination applied 120 Pending applications for 15‑year no-coverage determinations under pre-amended Law Subdivision 2—Price regulation exemptions 121 Pending applications for price regulation exemption 122 Making of recommendations for price regulation exemptions 123 Granting of price regulation exemptions 124 Price regulation exemptions deemed to be greenfields incentive determinations Division 6—Access disputes 125 Access disputes started under pre-amended Law Division 7—Miscellaneous provisions 126 Service provider for non‑scheme pipeline not required to comply with section 131 127 Exemptions from minimum ring fencing requirements 128 Delayed commencement of ring fencing requirements for non‑scheme pipelines 129 Provision for Goldfields Gas Pipeline 130 Provision for Northern Gas Pipeline 131 Pending applications under Rules for approval of tender process 132 Decision-making process under Rules for approval of tender process Part 20—Transitional provisions related to national gas objective amendments 133 Definitions 134 When amended objective takes effect for particular matters 135 Application of national gas objective to particular matters in progress on start day 136 Administrative guidance for decisions under clause 135(3) 137 Administrative guidance about value of greenhouse gas emissions 138 Validation of things done in relation to Rules before commencement Part 21—Transitional provisions related to other gas amendments 139 Definitions Division 2—Gas Bulletin Board 140 Gas Bulletin Board 141 References to Natural Gas Services Bulletin Board Division 3—Other matters 142 Greenfields incentive determinations 143 Greenfields price protection determinations 144 Information transparency rules Legislative history The Parliament of South Australia enacts as follows: 1—Short title This Act may be cited as the National Gas (South Australia) Act 2008. 3—Interpretation (1) In this Act— National Gas (South Australia) Law means the provisions applying because of section 7 of this Act; National Gas (South Australia) Regulations means the provisions applying because of section 8 of this Act. (2) Words and expressions used in the National Gas (South Australia) Law and in this Act have the same respective meanings in this Act as they have in that Law. (3) This section does not apply to the extent that the context or subject matter otherwise indicates or requires. 4—Crown to be bound This Act, the National Gas (South Australia) Law and the National Gas (South Australia) Regulations bind the Crown, not only in right of South Australia but also, so far as the legislative power of the Parliament permits, the Crown in all its other capacities. 5—Application to coastal waters (1) This Act, the National Gas (South Australia) Law and the National Gas (South Australia) Regulations apply in the coastal waters of this State as if the coastal waters were within the limits of the State. adjacent area in respect of the State means the adjacent area of this jurisdiction under the National Gas (South Australia) Law (as defined in section 9(1) of this Act); coastal waters, in relation to this State, means any sea that is on the landward side of the adjacent area in respect of the State but is not within the limits of the State. 6—Extra‑territorial operation It is the intention of the Parliament that this Act, the National Gas (South Australia) Law and the National Gas (South Australia) Regulations should, so far as possible, operate to the full extent of the extra‑territorial legislative power of the State.