The National Gas Law (NGL) and the National Gas Rules (NGR) that apply and operate in Western Australia are different to those that apply in every other participating jurisdiction.
There are key differences between Western Australia's National Gas Law (WA Gas Law) and National Gas Rules (WA Gas Rules) the gas regulatory regime that applies in Western Australia as compared to other participating jurisdictions. View the fact sheet to learn more.
Western Australia's National Gas Law
On 1 January 2010, Western Australia became a participating jurisdiction in the national gas regulatory scheme to the extent set out in the National Gas Access (WA) Act 2009 (WA).
The National Gas Access (WA) Act 2009 (WA) adopts a modified version of the NGL known as the WA Gas Law. The full text of the current WA Gas Law is set out in a Note to the National Gas Access (WA) Act 2009 (WA).
Under the National Gas Access (WA) Act 2009 (WA), changes to the NGL as it applies to all other participating jurisdictions do not automatically apply in Western Australia. Instead, changes to the NGL must be specifically adopted in Western Australia by the Western Australian Minister for Energy. The Western Australian Minister for Energy does this by declaring that an amendment to the NGL is ‘relevant’ to Western Australia and publishing a Ministerial Adoption of Amendments Order in the Western Australian Government Gazette. Following this, changes to the NGL specified in the Ministerial Adoption of Amendments Order are incorporated into the WA Gas Law.
Western Australia's National Gas Rules
Under the WA Gas Law, the NGR applying to Western Australia is version 1 of the NGR, as amended by:
- Rules made by the South Australian Minister for Energy under the Statutes Amendment (National Energy Laws) (Binding Rate of Return Instrument) Act 2018 (Rate of Return Act) and the National Gas (South Australia) (Pipelines Access—Arbitration) Amendment Act 2017 (Pipelines Access – Arbitration Act); and
- Rules made by the AEMC in accordance with its rule making power under sections 74 and 313 of the WA Gas Law.
As at January 2023, the following Rules have been made by the South Australian Minister for Energy under the Rate of Return Act and the Pipelines Access – Arbitration Act:
- National Gas (Binding Rate of Return Instrument) Amendment Rule 2019; and
- National Gas (Pipelines Access – Arbitration) Amendment Rule 2017.
As at June 2024, the AEMC has made the following Rules that apply in Western Australia in accordance with section 313 of the WA Gas Law:
- National Gas Amendment (Harmonising the national energy rules with the updated national energy objectives) Rule 2024 No. 1.
- National Gas Amendment (Minor changes 1) Rule 2022 No. 1;
- National Gas Amendment (Regulation of covered pipelines) Rule 2019 No. 1;
- National Gas Amendment (Rate of Return Guidelines review) Rule 2016 No. 2;
- National Gas Amendment (Setting the Opening Capital Base) Rule 2014 No.5;
- Price and Revenue Regulation of Gas Services Rule 2012 No. 3; and
- National Gas Amendment (Reference service and rebateable service definitions) Rule 2012 No. 2.
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