The Western Australian Energy Disputes Arbitrator was established under the Gas Pipelines Access (WA) Act 1998 to resolve disputes between providers of gas pipeline services and other parties seeking access to gas pipelines covered by the National Gas Access Code. In 2010 this was amended to become the Energy Arbitration and Review Act 1998.

Under the access regulatory framework in Western Australia, the functions of the Arbitrator include:

• those conferred under the National Gas Access (WA) Act 2009 including the arbitration functions under the National Gas Law;
• any regulations under the National Gas Access (WA) Act 2009;
• the amended Energy Arbitration and Review Act 1998; and
• those regulations referred to in section 56 and 74 of the Energy Arbitration and Review Act 1998.
• Until all Western Australian pipelines are fully transitioned to the National Gas Access (WA) Act 2009, the functions of the Arbitrator continues to include:
• those conferred by the Gas Pipelines Access (WA) Law;
• those by regulations referred to in section 74 of the Energy Arbitration and Review Act 1998 (note that these relate to the functions of hearing and determining disputes); and
• by section 56 of the Energy Arbitration and Review Act 1998 (which relates to administrative support for the WA Gas Review Board).

Regulations can be viewed on the WA State Law Publisher website.

The Australian Energy Regulator has issued guidelines for the resolution of disputes under the National Gas Law (NGL) and National Gas Rules which may help parties seeking to bring a matter before the Arbitrator for resolution. A link to the guidelines is available by clicking here.

A party seeking to bring a matter before the Arbitrator for resolution should first contact the Economic Regulation Authority.