Western Australian Repealed Regulations Western Australian Repealed RegulationsThis legislation has been repealed.
TABLE OF PROVISIONS
PART 1 -- Preliminary
1. Citation
2. Commencement
3. Application of these regulations
4. Definitions
5. Application of Interpretation Act to grants of access
6. References to clauses in Schedule 1
7. 24 hour clock
8. SI units
9. References to duration of grant of access
10. References to gas distribution capacity, point capacity or contracted peak rate
11. References to delivery of gas to the trading business
12. Commercial viability
PART 2 -- Market sensitive information, non-discrimination and accountability
Division 2.1 -- Prevention of communication or use of market sensitive information
13. Market sensitive information
Division 2.2 -- Discrimination
14. Minister to be notified of any finding of discrimination
Division 2.3 -- Miscellaneous accountability matters
15. Description of the gas distribution system
16. Corporation’s response to enquiries
18. No prohibition on bypass
19. Financial records
PART 3 -- Application for, and grant of, access
Division 3.1 -- General
20. Reasonable and prudent person
21. Application process is at applicant’s expense
22. Corporation may establish administrative procedures
Division 3.2 -- The application
23. Lead times for applications
24. User may increase duration or obtain additional contracted peak rate only by new application
25. Contracted peak rate may vary over time
26. Application for access
27. Applicant to assist in any consequential environmental, safety and other matters
Division 3.3 -- Processing the application
28. Corporation must process application expeditiously
29. First come first served
30. Obligation to make grant of access
31. Conditions precedent for grant of access
32. Application may be linked to application for transmission capacity
33. Assessment of compliance with conditions precedent
Division 3.4 -- Non-compliance, amendment, withdrawal and rejection of application
34. If application does not comply with a condition precedent
35. Applicant may elect to negotiate amendment after notice of non-compliance
36. Application deemed rejected after 30 days if no election to negotiate
37. Linked application deemed rejected if transmission application is rejected
38. Application deemed rejected after 120 days if grant of access not made
39. Amendment of application
40. Priority of amended applications
41. Withdrawal of application
Division 3.5 -- Making the grant of access
42. The grant of access
43. Conditional grant of access
PART 4 -- The grant of access
Division 4.1 -- General
44. Access to gas distribution capacity must be under a grant of access
45. Form of grant of access
46. Contracting out of non- essential terms
47. Essential terms
48. Regulations to prevail
49. Duration of grant of access
50. Option to renew grant of access
51. Amendment of grant of access
Division 4.2 -- Title to gas
52. Corporation has title to all gas in gas transmission system and gas distribution system
53. No actions against corporation in respect of gas in gas distribution system
54. Only user may take delivery, title and possession of gas from the corporation
55. User’s entitlement to receive gas is contractual
Division 4.3 -- Designated shippers
56. Designated shippers
Division 4.4 -- Miscellaneous matters
57. Grants of access to be publicly available
58. Insurances
59. The user is responsible for its and its contractors’ personnel and property
60. Corporation’s liability to third persons
61. No assignment except as provided for in these regulations
62. Assignment by corporation
63. Assignment by user and compulsory assignment at request of user’s threshold gas customer
65. Annual review of utilization
66. Saving of corporation’s powers
67. Curtailments of gas deliveries to be allocated to defaulting users where practicable
68. Advance information
PART 5 -- Prices
69. Corporation to determine prices
70. Redetermined prices apply to existing users
71. Network prices
72. Service price
73. Opportunity cost pricing
74. Commercial viability arrangements
75. Prices to be take-or-pay
76. Redetermination of prices
77. Investment in the high pressure system
78. Costs of transmission information system recoverable
79. Prices at multi-user outlet point
PART 6 -- Technical and operational matters
Division 6.1 -- Outlet meter sets and distribution metering equipment
80. Installation, operation and maintenance of outlet meter sets
81. Installation, operation and maintenance of distribution metering equipment
82. Distribution metering equipment
83. Use of gas quality data from other locations
84. Metering uncertainty
85. Provision of information to users
86. Accuracy verification, correction of inaccurate measurements, etc.
87. Determining trading business’ hourly sub-network outlet quantity
88. Identification of closest physical gate point
89. Standards generally
Division 6.2 -- Other technical and operational matters
90. Corporation to operate and maintain system as reasonable and prudent person
91. Multi-user allocation agreements
92. Applicant must have multi-user allocation agreement or submit to the corporation’s allocations
93. Corporation’s allocations may effect curtailment
94. Gas losses and gas consumed by the corporation
95. Emergencies
PART 7 -- Other access
96. Access from systems other than the gas transmission system and access to medium and low-pressure networks
PART 8 -- Miscellaneous
97. Notices
98. Receipt of notices
99. No common carriage
100. Corporation not a supplier of gas
101. No disclosure of user information
102. Prescribed fees
PART 9 -- Transitional provisions to do with commencement of these regulations
103. Pre-scheme distribution metering equipment deemed to comply
104. Trading business’ initial grant
105. Trading business and new threshold gas customers
PART 10 -- Transitional provisions to do with termination of these regulations
106. This Part to prevail
107. No further price redetermination required
108. Duration of grants of access
109. Time by which grants of access end
110. Contracts already existing
SCHEDULE 1 -- The Grant of Access
Appendix 1 -- Pricing
Appendix 2 -- Option[s] to extend grant of access
Appendix 3 -- Contracted distribution outlet points and contracted peak rates
Appendix 4 -- User specific facilities
Appendix 5 -- Outlet pressures
Compilation table