Part 19Transitional provisions related to pipeline regulation amendments

Part 19—Transitional provisions related to pipeline regulation amendments 104—Definitions 15-year no-coverage determination means a 15-year no-coverage determination within the meaning of section 2 of the pre-amended Law; commencement day means the day on which this Part comes into operation; covered pipeline means a covered pipeline within the meaning of section 2 of the pre-amended Law; limited access arrangement means a limited access arrangement within the meaning of section 2 of the pre-amended Law; pre-amended Law means this Law as in force immediately before the commencement day; price regulation exemption means a price regulation exemption within the meaning of section 2 of the pre-amended Law; relevant entity means— (a) a relevant Minister within the meaning of section 2 of the pre-amended Law; or (b) the NCC within the meaning of section 2 of the pre-amended Law; tender approval decision means a tender approval decision within the meaning of section 2 of the pre-amended Law; tender approval pipeline means a pipeline to which a tender approval decision relates under section 126 of the pre-amended Law; voluntary access arrangement pipeline means a pipeline in relation to which a full access arrangement was voluntarily submitted under section 127 of the pre-amended Law. Division 2—Regulation and classification of pipelines Subdivision 1—Covered pipelines generally 105—Particular covered pipelines deemed to be scheme pipelines (1) This clause applies in relation to a pipeline that, immediately before the commencement day, was a covered pipeline, other than a light regulation pipeline. A covered pipeline includes a pipeline deemed to be a covered pipeline by operation of section 126 or 127 of the pre-amended Law. (a) the covered pipeline is deemed to be a scheme pipeline; and light regulation pipeline means a covered pipeline by means of which light regulation services, within the meaning of section 2 of the pre-amended Law, are supplied under a light regulation determination, within the meaning of section 2 of the pre-amended Law. Subdivision 2—Provisions for tender approval pipelines 106—Particular tender approval pipelines become scheme pipelines (1) This clause applies in relation to a tender approval pipeline if the tender approval decision for the pipeline has not become irrevocable before the commencement day. (2) On the tender approval decision becoming irrevocable— (a) the pipeline becomes a scheme pipeline; and 107—When particular scheme pipelines become non‑scheme pipelines (1) This clause applies in relation to a pipeline that, before the commencement day, was a tender approval pipeline and— (a) is deemed to be a scheme pipeline under clause 105; or (b) becomes a scheme pipeline under clause 106. (2) On the earlier of the following events happening, the pipeline becomes a non‑scheme pipeline— (a) if there is an applicable access arrangement that applies to the pipeline services provided by means of that pipeline—when that arrangement expires; (b) when a scheme pipeline revocation determination made in relation to that pipeline takes effect. Subdivision 3—Provisions for voluntary access arrangement pipelines 108—Particular voluntary access arrangement pipelines become scheme pipelines (1) This clause applies in relation to a voluntary access arrangement pipeline if the full access arrangement voluntarily submitted to the AER has not been approved before the commencement day. (2) On the day the full access arrangement takes effect as an applicable access arrangement— (a) the pipeline becomes a scheme pipeline; and 109—When particular scheme pipelines become non‑scheme pipelines (1) This clause applies to a pipeline that, before the commencement day, was a voluntary access arrangement pipeline and— (a) is deemed to be a scheme pipeline under clause 105; or (b) becomes a scheme pipeline under clause 108. (2) On the earlier of the following events happening, the pipeline becomes a non‑scheme pipeline— (a) if there is an applicable access arrangement that applies to the pipeline services provided by means of that pipeline—when that arrangement expires; (b) when a scheme pipeline revocation determination takes effect in relation to the pipeline. Subdivision 4—Classification of pipelines 110—Classification under pre-amended Law continues in effect (1) On the commencement day— (a) a pipeline that, immediately before the commencement day, is a distribution pipeline within the meaning of section 2 of the pre-amended Law continues to be a distribution pipeline; and (b) a pipeline that, immediately before the commencement day, is a transmission pipeline within the meaning of section 2 of the pre-amended Law continues to be a transmission pipeline. (2) Nothing in subclause (1) prevents a pipeline from being reclassified, under this Law, as a distribution pipeline or transmission pipeline. 111—Pipelines not classified under pre-amended Law or jurisdictional gas legislation (1) This clause applies in relation to an existing pipeline that, immediately before the commencement day, was not classified as a distribution pipeline or transmission pipeline under the pre-amended Law or under a licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation. (2) On the commencement day, the pipeline is taken to have the classification shown in the register known as the 'Gas pipeline register' that is maintained by the AEMC under Part 15 of the Rules (the AEMC register). (3) However, if the AEMC register does not contain a classification for the pipeline, the service provider must apply to the AER for a classification decision within 2 months after the commencement day. (4) Nothing in subclause (2) prevents the pipeline from being reclassified, under this Law, as a distribution pipeline or transmission pipeline. 112—Notice to be given about classification of particular pipelines (1) This clause applies in relation to a pipeline that— (a) immediately before the commencement day, was a pipeline to which the pre-amended Law applied; but (b) does not have a classification that is continued, or taken to be, in effect for the pipeline under clauses 110 to 111. (2) Within 2 months after the commencement day, the service provider for the pipeline must notify the AEMC whether the pipeline is classified as a distribution pipeline or as a transmission pipeline under the licence or authorisation granted in relation to the pipeline under jurisdictional gas legislation. Division 3—Pending matters under Chapter 3 of pre-amended Law 113—Pending applications under Chapter 3 of pre-amended Law (1) This clause applies despite clause 43(1)(b) and (c) of Schedule 2 to this Law. (2) On the commencement day, any application under Chapter 3 of the pre-amended Law in respect of which a decision has not been made under that Chapter immediately before that day lapses. 114—Recommendation-making process under Chapter 3 of pre-amended Law (1) This clause applies if, immediately before the commencement day, a relevant entity— (a) is deciding whether to make a recommendation (however described) under a requirement of Chapter 3 of the pre-amended Law; and (b) has not made the recommendation. (a) the requirement to make the recommendation stops having effect; and (b) the relevant entity must stop deciding whether to make the recommendation. 115—Decision-making process under Chapter 3 of pre-amended Law (1) This clause applies if, immediately before the commencement day, a relevant entity— (a) is deciding whether to make a decision (however described) or determination (however described) under a requirement of Chapter 3 of the pre-amended Law; and (b) has not made the decision or determination. (a) the requirement to make the decision or determination stops having effect; and (b) the relevant entity must stop deciding whether to make the decision or determination. Division 4—Provisions for limited access arrangements 116—Limited access arrangements (1) This clause applies in relation to a limited access arrangement that is in force immediately before the commencement day. (2) On the commencement day, the limited access arrangement lapses. 117—Submission of limited access arrangement (1) This clause applies if, before the commencement day— (a) a service provider has submitted a limited access arrangement to the AER for approval; and (b) the AER has not approved the limited access arrangement. (2) On the commencement day, the submission lapses. 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 (1) On the commencement day, a 15‑year no-coverage determination that was in force immediately before the commencement day is deemed to be a greenfields incentive determination. (2) The determination continues in operation for a period of 15 years from the commissioning of the pipeline. 119—Exemption for pipelines to which a 15‑year no-coverage determination applied (1) This clause applies to a pipeline if a 15‑year no-coverage determination that applied to the pipeline before the commencement day is deemed to be a greenfields incentive determination under clause 118. (2) During the period mentioned in clause 118(2), Chapters 4 and 5 do not apply to the pipeline unless the pipeline is or becomes a third party access pipeline. (3) A pipeline is a third party access pipeline for the purposes of this clause if any pipeline services provided by means of the pipeline are provided, directly or indirectly, to any person other than— (a) the service provider for the pipeline; or (b) a related body corporate of the service provider for the pipeline; or (c) a joint venture in which the service provider for the pipeline or a related body corporate of the service provider is a joint venture participant. 120—Pending applications for 15‑year no-coverage determinations under pre-amended Law (1) This clause applies in relation to an application for a 15‑year no-coverage determination under Chapter 5 Part 2 of the pre-amended Law in respect of which a decision has not been made under that Part immediately before the commencement day. (2) Chapter 5 Part 2 as in force immediately before the commencement day continues to apply to the application as if that Part were still in force. (3) To remove any doubt, a relevant entity may, in relation to the application, make a recommendation or determination under Chapter 5 Part 2 as in force immediately before the commencement day as if that Part were still in force. (4) A 15‑year no-coverage determination made on or after the commencement day, under the operation of this clause, is deemed to be a greenfields incentive determination. (5) The greenfields incentive determination continues in operation for a period of 15 years from the commissioning of the pipeline. Subdivision 2—Price regulation exemptions 121—Pending applications for price regulation exemption On the commencement day, any application for a price regulation exemption under section 160 of the pre-amended Law in respect of which a decision has not been made under Chapter 5 Part 3 of the pre-amended Law immediately before that day lapses. 122—Making of recommendations for price regulation exemptions (1) This clause applies if the NCC— (a) has received under section 160 of the pre-amended Law an application for a price regulation exemption for a pipeline the subject of the application; and (b) immediately before the commencement day, has not made a recommendation under section 162 of the pre-amended Law. (a) the requirement to make the recommendation stops having effect; and (b) the NCC must not make the recommendation. 123—Granting of price regulation exemptions (1) This clause applies if, immediately before the commencement day, the Commonwealth Minister— (a) is deciding whether to make a decision to grant a price regulation exemption under section 164 of the pre-amended Law; and (b) has not granted the exemption. (a) the requirement to decide whether to make a decision to grant the exemption stops having effect; and (b) the Commonwealth Minister must stop deciding whether to make a decision to grant the exemption. 124—Price regulation exemptions deemed to be greenfields incentive determinations (1) This clause applies in relation to a price regulation exemption if the exemption— (a) has been granted before the commencement day; and (b) immediately before the commencement day, is not ineffective only because of section 167(2) of the pre-amended Law. Under section 167(2) of the pre-amended Law, a price regulation exemption is ineffective unless a limited access arrangement, approved by the AER, is in force in relation to the relevant pipeline. (2) On the commencement day, the exemption is deemed to be a greenfields incentive determination. (3) The greenfields incentive determination continues in operation for a period of 15 years from the commissioning of the pipeline. Under section 167(1) of the pre-amended Law, if a price regulation exemption is granted, the exemption remains in force for a period of 15 years from the commissioning of the pipeline. Division 6—Access disputes 125—Access disputes started under pre-amended Law (a) an access dispute has been started under Chapter 6 or 6A of the pre-amended Law; and (b) the access dispute has not been finally dealt with or decided immediately before the commencement day. (2) An access dispute started under Chapter 6 of the pre-amended Law must be dealt with and decided under that Chapter as if it were still in force and despite Chapter 5. (3) An access dispute started under Chapter 6A of the pre-amended Law must be dealt with and decided under that Chapter as if it were still in force and despite Chapter 5. Division 7—Miscellaneous provisions 126—Service provider for non‑scheme pipeline not required to comply with section 131 (1) This clause applies in relation to a service provider for a pipeline that— (a) was in operation before the commencement day; and (b) on the commencement day, is a non‑scheme pipeline. (2) The service provider is not required to comply with section 131. 127—Exemptions from minimum ring fencing requirements (1) This clause applies in relation to a service provider who held an exemption under section 146 of the pre-amended Law that was in force immediately before the commencement day. (2) On the commencement day, the exemption continues in force. 128—Delayed commencement of ring fencing requirements for non‑scheme pipelines (1) This clause applies in relation to a pipeline that, immediately before the commencement day, was a non‑scheme pipeline. (2) On the commencement day, Part 2 of Chapter 4 does not apply to the pipeline. (3) However, Part 2 of Chapter 4 starts applying to the pipeline at the end of 12 months after the commencement day. 129—Provision for Goldfields Gas Pipeline (1) On the commencement day, any expansion of the Goldfields Gas Pipeline that did not previously form part of the scheme pipeline becomes part of the scheme pipeline. Goldfields Gas Pipeline means the transmission pipeline between Yarraloola and Kalgoorlie in Western Australia and defined in Pipeline Licence 24 (as amended) issued under the Petroleum Pipelines Act 1969 of Western Australia, including any extension to, or expansion of the capacity of, that pipeline. 130—Provision for Northern Gas Pipeline (1) This clause applies in relation to the Northern Gas Pipeline. (2) On the commencement day, Chapters 4 and 5 do not apply to the pipeline. (3) However, Chapters 4 and 5 start applying to the pipeline— (a) if the pipeline becomes a scheme pipeline—when the pipeline becomes a scheme pipeline; or (b) otherwise—at the end of a period of 15 years from the commissioning of the pipeline. access principles means the arrangements agreed between the service provider for the Northern Gas Pipeline and the Northern Territory Government under which a prospective user may gain access to pipeline services on the Northern Gas Pipeline; Northern Gas Pipeline means the pipeline between Tennant Creek in the Northern Territory and Mount Isa in Queensland, the subject of Pipeline Licence 34 granted under the Energy Pipelines Act 1981 of the Northern Territory and Pipeline Licence 2015 granted under the Petroleum and Gas (Production and Safety) Act 2004 of Queensland, including any extension to, or expansion of the capacity of, that pipeline that is subject to the access principles. 131—Pending applications under Rules for approval of tender process (1) This clause applies— (a) in relation to an application that has been made to the AER under the Rules for the approval, by the AER, of a tender process for the construction and operation of a proposed pipeline as a competitive tender process; and (b) in respect of which the AER has not made a tender approval decision before the commencement day. (2) On the commencement day, the application lapses despite clause 43(1)(b) and (c) of Schedule 2 to this Law. 132—Decision-making process under Rules for approval of tender process (1) This clause applies if, before the commencement day, the AER— (a) is deciding whether to make a tender approval decision; and (b) has not made the decision. (a) the requirement to make the tender approval decision stops having effect; and (b) the AER must stop deciding whether to make the tender approval decision.