Gas Supply (Gas Quality Specifications) Regulations 2010 (WA)

Western Australia Gas Supply (Gas Quality Specifications) Act 2009 Gas Supply (Gas Quality Specifications) Regulations 2010 Western Australia Gas Supply (Gas Quality Specifications) Regulations 2010 Contents Part 1 — Preliminary 1. Citation 1 2. Commencement 1 3. Terms used 1 4. Use of notes and examples 5 5. Gas transmission pipelines 5 5A. Pipelines declared not to be gas transmission pipelines 5 6. Gas storage facilities 6 7. Reference gas quality specifications 6 Part 2 — Gas quality and capacity of PIA pipelines Division 1 — PIA pipelines 8. Application for making, amending or revoking declaration 7 9. Criteria for making declaration 7 10. Criteria for revoking declaration 8 11. Criteria for amending declaration 9 12. Procedure for making, amending or revoking declaration 9 13. Content of certain decisions, and to whom copies must be given 10 14. Publishing description of PIA pipeline 11 15. Transitional provision for DBNGP and GGP 12 Division 2 — Content of pipeline impact agreements 16. Additional minimum requirements for pipeline impact agreement 12 Division 3 — Relevant effects on a PIA pipeline 17. Working out relevant effect on pipeline's capacity 12 18. Working out relevant effect on pipeline's operations and maintenance 14 Division 4 — Formation of pipeline impact agreements 19. Default procedure 14 20. Extension of time 15 21. Step 1: application for pipeline impact agreement 15 22. Step 2: determining relevant effects on pipeline 17 23. Step 3: choosing method to deal with relevant effects and resolving disputes 19 24. Lapse of procedure for delay by gas producer 20 25. Prescribed method 20 26. Default pipeline impact agreements 20 27. Standard form agreements: publishing requirements 21 Division 5 — Short‑term situations 28A. Application 21 28B. Term used: period of modification 21 28C. Duration of period of modification 22 28D. Modification of Part 2 of Act 22 28E. Notification of extension of period of modification 23 Part 3 — Modifying gas contracts 28. Standard gas quality specifications for pipelines 25 29. Application of this Part before 1 July 2012 25 30. Modifying gas contracts: gas quality specifications 25 30A. Continuing effect of modifications to gas contracts under regulation 30 32 30B. Modifying gas contracts: providing information under regulations 32 31. Modifying gas contracts: system use gas 33 Part 4 — Compensation Division 1 — Preliminary 32. Terms used 34 Division 2 — Entitlement and liability to compensation 33. Agreements as to compensation 35 34. Entitlement to compensation: costs incurred 35 35. Entitlement to compensation: loss of capacity of gas storage facility 38 36. Total amount of compensation 39 37. Extent to which relevant cost is claimable 40 38. Adjustment of compensable and claimable proportion of relevant cost: fixed costs 41 39. Adjustment of total claimable ongoing costs 42 40. Liability to compensation and extent of liability 43 41. Recovery of compensation 47 Division 3 — Extent to which relevant costs compensable 42. Extent to which relevant costs are compensable 47 43. Costs to restore capacity, or plant and equipment costs: compensable to extent attributable to gas not complying with relevant gas quality specification 49 44. Costs to restore capacity, or plant and equipment costs: compensable to extent prudent 50 45. Costs to restore capacity: compensable when, and to extent to which, capacity needed 51 46. Averaged quality, quantity and conditions 52 47. Relevant gas quality specification for operator of Mondarra Gas Storage Facility 52 48. Operating and maintenance costs: method 53 Division 4 — Part 4 pipeline becoming PIA pipeline 49. Transition period 53 50. Modification of operation of Act during transition period 54 Part 5 — Dispute resolution Division 1 — Preliminary 51. Terms used 55 52. Application of this Part 55 Division 2 — Commencing dispute resolution process 53. Commencing dispute resolution process 56 54. Responding to application for dispute resolution 57 55. Initiator of dispute may respond to responses 58 56. Choice of dispute resolution procedure 58 57. When dispute resolution procedure begins 59 58. Arbitrator may dismiss dispute 60 Division 3 — Default dispute resolution procedure 59. Arbitrator's functions 61 60. Arbitration procedure 62 Division 4 — Significant dispute resolution procedure Subdivision 1 — Mediation 61. Arbitrator to appoint mediator 63 62. Mediator's functions 64 63. Mediation procedure 64 64. Mediation proceedings confidential and privileged 65 65. Duty of confidence 66 66. Mediator: conflicts of interest and replacing mediator 67 67. Costs of mediation 68 68. Limitation of liability of mediator 69 Subdivision 2 — Arbitration 69. Arbitrator's functions 70 70. Arbitration procedure 70 Division 5 — Joinder of parties 71. Arbitrator may join party 71 72. Notice of joinder 71 73. Response by person joined 71 74. Mediation 72 Division 6 — Effect and enforcement of determinations 75. Content of determinations 72 76. Effect of determinations 72 77. Determinations may be enforced as judgments 73 Division 7 — General provisions 78. Arbitration hearings in public 73 79. Party to dispute may request that certain material be treated as confidential 74 80. Order preventing disclosure of information 75 81. Costs of dispute 75 82. Costs of parties to disputes 76 83. When certain documents are taken to have been received 77 84. Relationship of this Part to other proceedings 79 Division 8 — Arbitrator funding 85. Terms used 79 86. Standing charges 80 87. Assessment and payment of standing charges 81 88. Recovery of unpaid amounts 82 89. Matters to be included in arbitrator's annual report 82 Part 6 — Provision of certain information 89A. Aggregation or de‑identification of records and other information provided under a pipeline impact agreement 83 90. Notice of pipeline impact agreement 83 Schedule 1 — Standard gas quality specifications for gas transmission pipelines 1. Western Australian standard specification 85 2. Parmelia Pipeline standard specification 86 3. GGP standard specification 88 Schedule 2 — Reference specifications 1. Reference gas specification: DBNGP, Mid West Pipeline and other prescribed pipelines 90 2. Reference gas quality specification: Parmelia Pipeline 91 3A. Reference gas specification: GGP and other prescribed pipelines 92 3B. Reference gas quality specification: Pilbara Energy Pipeline and other prescribed pipelines 93 3. Reference gas quality specification: certain lateral pipelines 94 4. Reference gas quality specification: new pipelines and extensions 94 Schedule 3 — Relevant sections of PIA pipelines 1. Relevant sections of DBNGP 96 2. Relevant sections of other PIA pipelines 96 Notes Compilation table 97 Defined terms Western Australia Gas Supply (Gas Quality Specifications) Act 2009 Gas Supply (Gas Quality Specifications) Regulations 2010