Part 20Transitional provisions related to national gas objective amendments

Part 20—Transitional provisions related to national gas objective amendments 133—Definitions amended objective means the national gas objective as in force on the commencement of this clause; amending Act means the Statutes Amendment (National Energy Laws) (Emissions Reduction Objectives) Act 2023; government or regulatory entity means the AEMC, AEMO, the AER, the Energy Security Board, the MCE or another government entity; start day—see clause 134(2)(a). 134—When amended objective takes effect for particular matters (1) This clause applies in relation to a thing required or permitted to be done under this Law by a person or body, other than the AEMC, if, in doing the thing, the person or body is required to consider or apply the national gas objective including, for example, by— (a) having regard to the national gas objective; or (b) doing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective. (2) Despite section 14 of the amending Act— (a) the national gas objective as in force before that section came into operation continues to apply for the doing of the thing until the day (the start day) that is 2 months after the commencement of this clause; and (b) the amended objective applies in relation to the doing of the thing from the start day. (3) However, if the thing required or permitted to be done relates to a relevant access arrangement— (a) on the commencement of this clause the amended objective applies to the doing of the thing; and (b) clause 135(3) does not apply in relation to the doing of the thing. (4) Subclauses (1) and (2) are subject to clause 135. relevant access arrangement means an access arrangement under the Rules proposed to commence on 1 January 2025 for— (a) the Mid-West and South-West Gas Distribution System comprised of the scheme distribution pipeline in Western Australia and defined in gas distribution licence 8 (as amended) issued under the Energy Coordination Act 1994 of Western Australia, including any extension to or expansion of the capacity of that pipeline; or (b) the Goldfields Gas Pipeline comprised of 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 an extension to or expansion of the capacity of, that pipeline. 135—Application of national gas objective to particular matters in progress on start day (a) before the start day, a person or body had started, or was required or permitted to start, doing a thing; and (b) on the start day— (i) the person or body has not finished doing the thing; or (ii) the period within which the thing is required or permitted to be done has not ended; and (c) in doing the thing the person or body is required to consider or apply the national gas objective by, for example— (i) having regard to the national gas objective; or (ii) doing the thing in a manner that will or is likely to contribute to the achievement of the national gas objective. (2) The national gas objective as in force before the commencement of this clause, and as continued in effect under clause 134 until the start day, continues to apply in relation to the doing of the thing. (3) However, a government or regulatory entity may decide to consider or apply the amended objective in relation to the doing of the thing. (4) For subclause (1), a matter relating to an access arrangement is taken not to have been started, or required or permitted to have been started, before the start day if, on the start day, the access arrangement proposal for the access arrangement has not been submitted for the AER's approval under Rule 46 of the Rules. 136—Administrative guidance for decisions under clause 135(3) (1) If a government or regulatory entity, other than the AER, proposes to exercise a discretion under clause 135(3), the entity must use its best endeavours to ensure that within 45 days after the commencement of this clause, it issues administrative guidance about the matters the entity is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing. (2) The AER must, within 45 days after the commencement of this clause, issue administrative guidance about the matters the AER is likely to have regard to in deciding whether to consider or apply the amended objective in doing a thing. (3) A failure to comply with this section does not prevent a government or regulatory entity from exercising a discretion under clause 135(3). 137—Administrative guidance about value of greenhouse gas emissions (a) administrative guidance is issued by a government or regulatory entity about considering or applying the amended objective; and (b) the guidance includes the value, or a method of working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction; and (c) the guidance is consistent with any MCE statement. (2) The value or method stated in the administrative guidance must be complied with by the government or regulatory entity in considering or applying the amended objective. (3) This clause applies until a Regulation or Rule takes effect for the matter described in subclause (1). MCE statement means a statement issued by the MCE that states the value, or a method of or guidance for working out the value, of greenhouse gas emissions or greenhouse gas emissions reduction, that is to be used by a government or regulatory entity in considering or applying the amended objective until a Regulation or Rule mentioned in subclause (3) takes effect. 138—Validation of things done in relation to Rules before commencement (1) This clause applies if, before the commencement of this clause— (a) the MCE or a Minister of a participating jurisdiction had requested a Rule under section 295(1) in relation to the national gas objective as if the amended objective were in force; and (b) the AEMC had done a thing under Chapter 9, other than sections 313 to 315, in relation to the request. (2) On the commencement of this clause— (a) the thing is taken to have been validly done under Chapter 9; and (b) the AEMC is taken to have satisfied a requirement under the Law to apply the national gas objective in relation to the thing.