Title: National Gas (South Australia) (Capacity Trading and Auctions)Variation Regulations 2018
Subject: National Gas (South Australia)Act 2008
Author: Office of Parliamentary Counsel
Last saved by: Ms Shirley Armstrong
Category: public
Document comments: 226

No 226 of 2018 published in Gazette 22.11.2018 p 4012

National Gas (South Australia) (Capacity Trading and Auctions) Variation Regulations 2018

National Gas (South Australia) (Capacity Trading and Auctions) Variation Regulations 2018
Part 1—Preliminary

National Gas (South Australia) (Capacity Trading and Auctions) Variation Regulations 2018
Preliminary—Part 1

National Gas (South Australia) (Capacity Trading and Auctions) Variation Regulations 2018
Part 2—Variation of National Gas (South Australia) Regulations

National Gas (South Australia) (Capacity Trading and Auctions) Variation Regulations 2018
Variation of National Gas (South Australia) Regulations—Part 2

South Australia
National Gas (South Australia) (Capacity Trading and Auctions) Variation Regulations 2018
under the National Gas (South Australia) Act 2008

Contents
Part 1—Preliminary
1	Short title
2	Commencement
3	Variation provisions
Part 2—Variation of National Gas (South Australia) Regulations
4	Insertion of regulation 5A
5A	Definition of designated compression service facility
5	Variation of regulation 10—Maximum civil monetary liabilities
6	Insertion of regulation 18
18	Deferral of capacity auctions for Northern Territory facilities
7	Insertion of Schedule 2A
Schedule 2A—Designated compression service facilities
8	Variation of Schedule 3—Civil penalties
9	Variation of Schedule 4—Conduct provisions

Part 1—Preliminary
1—Short title
These regulations may be cited as the National Gas (South Australia) (Capacity Trading and Auctions) Variation Regulations 2018.
2—Commencement
These regulations will come into operation on the day on which the National Gas (South Australia) (Capacity Trading and Auctions) Amendment Act 2018 comes into operation.
3—Variation provisions
In these regulations, a provision under a heading referring to the variation of specified regulations varies the regulations so specified.

Part 2—Variation of National Gas (South Australia) Regulations
4—Insertion of regulation 5A
After regulation 5 insert:
5A—Definition of designated compression service facility
For the purposes of the definition of designated compression service facility in section 2 of the NGL, a facility described in Schedule 2A is prescribed as a designated compression service facility.
5—Variation of regulation 10—Maximum civil monetary liabilities
	(1)	Regulation 10(1)—after "sections 91FED," insert:
91FEH,
	(2)	Regulation 10(1)—after paragraph (db) insert:
	(dc)	the maximum amount of each person’s civil monetary liability with respect to giving capacity auction information to AEMO in its capacity as the operator of a capacity auction to each person who suffers loss as a result of a relevant event is, in respect of that event, $400 000;
	(dd)	however, if the amount of a person’s civil monetary liability with respect to giving capacity auction information to AEMO in respect of that event (as affected, if at all, by paragraph (dc)) exceeds the prescribed amount in respect of the relevant event, the maximum amount of the person’s civil monetary liability to a person in respect of that event is the prescribed amount;
	(3)	Regulation 10(1)(e)—delete “(a) to (db)” and insert:
“(a) to (dd)”
	(4)	Regulation 10(2)—after "Bulletin Board information" wherever occurring insert:
or capacity auction information
	(5)	Regulation 10(3), definition of “prescribed amount”—after paragraph (c) insert:
	(d)	in relation to a person who gives capacity auction information to AEMO—the amount obtained by deducting from $20 million the aggregate of the amounts already paid by the person in discharge of the person’s civil monetary liabilities to persons suffering losses as a result of relevant events occurring during the same prescribed 12 month period as that in which the relevant event occurred;
	(6)	Regulation 10(3), definition of “relevant event”, (a)—after subparagraph (iia) insert:
	(iib)	AEMO’s capacity auction functions;
	(7)	Regulation 10(3), definition of “relevant event”—after paragraph (ba) insert:
	(bb)	in relation to a person who gives capacity auction information to AEMO—a negligent act or omission, or a series of negligent acts or omissions, in giving capacity auction information to AEMO;
6—Insertion of regulation 18
After regulation 17 insert:
18—Deferral of capacity auctions for Northern Territory facilities
	(1)	This regulation applies to NT transportation facilities, other than any transportation facility (or part of a transportation facility) located wholly or partly in the Northern Territory that is declared by the Northern Territory Minister by notice in the Northern Territory Government Gazette to be an NT transportation facility to which this regulation does not apply.
	(2)	Until the expiration day—
	(a)	transportation capacity for use of a transportation service provided by means of an NT transportation facility to which this regulation applies must not be made available for purchase through a capacity auction; and
	(b)	section 91BRQ(1) of the NGL does not require a person to comply with the Capacity Transfer and Auction Procedures relating to the conduct and operation of a capacity auction to the extent the capacity auction is making available for purchase transportation capacity provided by means of an NT transportation facility to which this regulation applies; and
	(c)	section 91FEE(1) of the NGL does not apply to a person of the kind specified in that subsection in respect of capacity auction information relating to an NT transportation facility to which this regulation applies; and
	(d)	the refusal by a transportation service provider to offer a transportation service for use of an NT transportation facility to which this regulation applies through a capacity auction is not, for the purposes of section 228K(1) of the NGL, engaging in conduct for the purpose of preventing or hindering access; and
	(e)	the refusal by a transportation service provider to offer a transportation service for use of an NT transportation facility to which this regulation applies through a capacity auction is not, for the purposes of section 228L(1) of the NGL, engaging in price discrimination; and
	(f)	a standard OTSA for an NT transportation facility to which this regulation applies is not required to include auction services provided by means of the NT transportation facility.
	(3)	The MCE is to determine the day that is the expiration day for the purposes of this regulation.
	(4)	The MCE is to make the determination on a day that is after the fifth anniversary of the day on which the Capacity Trading and Auction amendments commence.
	(5)	The MCE is to cause notice of the expiration day to be published on AEMO’s website and in the South Australian Government Gazette.
	(6)	This regulation expires on the expiration day.
	(7)	This regulation has effect despite any provision of the NGL, these regulations, the National Gas Rules, the Capacity Transfer and Auction Procedures or the Operational Transportation Services Code.
	(8)	In this regulation—
auction service means a transportation service provided by means of transportation capacity that has been bought in a capacity auction;
Capacity Trading and Auction amendments means the amendments made to the NGL by the National Gas (South Australia) (Capacity Trading and Auctions) Amendment Act 2018;
expiration day is the day determined under subregulation (3);
NT transportation facility means a transportation facility (or part of a transportation facility) located wholly or partly in the Northern Territory.
7—Insertion of Schedule 2A
After Schedule 2 insert:
Schedule 2A—Designated compression service facilities
In this Schedule—
CGP means the transmission pipeline between Ballera in South West Queensland and Mount Isa in Queensland;
QSN Link means the section of the gas transmission pipeline between Ballera in Queensland and Moomba in South Australia known as the QSN Link;
SWQP means the gas transmission pipeline between Wallumbilla in South East Queensland and Moomba in South Australia, including the section between Wallumbilla and Ballera in Queensland and the section known as the QSN Link between Ballera and Moomba.

Location of prescribed facility | Description of prescribed facility
Ballera, Queensland | Facilities for compressing natural gas and related and incidental pipework, plant and equipment located at the Ballera gas centre, situated at Ballera in Queensland at the Ballera end of the CGP.
Iona, Victoria | Facilities for compressing natural gas and related and incidental pipework, plant and equipment located at the Iona Gas Processing Plant situated at Waarre in Victoria.
Moomba, South Australia | Facilities for compressing natural gas and related and incidental pipework, plant and equipment located at the QSN Link compound, situated at Moomba in South Australia at the Moomba end of the QSN Link section of the SWQP.
Wallumbilla, Queensland | Facilities for compressing natural gas and related and incidental pipework, plant and equipment located at the Wallumbilla compound situated at Wallumbilla in Queensland at the Wallumbilla end of the SWQP (other than facilities for compressing natural gas located on Lot 33 on Survey Plan 212840 in the area of Maranoa, title reference 50904738).
8—Variation of Schedule 3—Civil penalties
	(1)	Schedule 3—after the heading to Schedule 3 insert:
Provisions of the Act
Section 83C
Section 91BRQ(5)
Section 91BRR(1)
Section 91FEE
Section 223A
Section 228B
Section 228C
Section 228K
Section 228L
	(2)	Schedule 3—after the heading "Provisions of the Rules" insert in numerical order:
Rule 158A(1)
Rule 158A(2)
Rule 158B(1)
Rule 158B(2)
Rule 158B(5)
Rule 543A(1)—(2)
Rule 593(4)
Rule 611(10)
Rule 612(2)
Rule 621(3)
Rule 621(4)
Rule 634(3)
Rule 634(4)
Rule 634(5)
Rule 636(1)
Rule 636(4)
Rule 638(1)
Rule 638(3)
Rule 639(2)
Rule 639(5)
Rule 640(1)
Rule 644(2)
Rule 644(3)
Rule 649(1)
Rule 649(2)
Rule 650(2)
Rule 650(3)
Rule 655(3)
Rule 660(2)
Rule 661(1)
Rule 661(2)
Rule 661(3)
Rule 662(1)
Rule 662(2)
Rule 662(3)
Rule 663(1)—(3)
Rule 665(1)
Rule 665(6)
Rule 666(1)—(2)
Rule 666(4)
Rule 672(4)
Rule 674(1)
Schedule 5, Part 3, rule 4(4)
Schedule 5, Part 3, rule 5(2)
Schedule 5, Part 3, rule 9(1)
Schedule 5, Part 4, rule 4(5)
Schedule 5, Part 4, rule 5(2)
Schedule 5, Part 4, rule 5(4)
Schedule 5, Part 4, rule 6(1)—(2)
Schedule 5, Part 5, rule 3(1)
Schedule 5, Part 5, rule 3(2)
Schedule 5, Part 5, rule 3(3)
9—Variation of Schedule 4—Conduct provisions
	(1)	Schedule 4—after the heading to Schedule 4 insert:
Provisions of the Act
Section 228C
Section 228J
Section 228K
Section 228L
	(2)	Schedule 4—after the heading "Provisions of the Rules" insert in numerical order:
Rule 543A(1)—(2)
Rule 593(4)
Rule 634(3)
Rule 634(4)
Rule 634(5)
Rule 636(1)
Rule 636(4)
Rule 638(1)
Rule 638(3)
Rule 639(2)
Rule 639(5)
Rule 640(1)
Rule 641(1)
Rule 641(2)
Rule 643(5)
Rule 643(6)
Rule 643(9)
Rule 644(2)
Rule 644(3)
Rule 649(1)
Rule 650(2)
Rule 650(3)
Rule 655(3)
Rule 661(1)
Rule 661(2)
Rule 661(3)
Rule 662(1)
Rule 662(2)
Rule 662(3)
Rule 672(4)
Rule 674(1)
Schedule 5, Part 3, rule 9(1)
Made by the Governor
on the unanimous recommendation of the Ministers of the participating jurisdictions and with the advice and consent of the Executive Council
on 22 November 2018
No 226 of 2018
MEM18-021CS