Under the National Gas Rules, a non-scheme pipeline service provider (owner/operator) may apply to the ERA for an exemption from aspects of the information disclosure and arbitration framework where the relevant exemption criteria is satisfied. Service providers of affected gas pipelines will need to assess their new regulatory obligations and if appropriate apply for an exemption.
Under Rule 585 of the National Gas Rules, there are three categories of exemptions for non-scheme pipelines (see table below). The exemptions do not automatically apply. Non-scheme pipeline service providers (owners or operators) must make an application to the ERA for an exemption. The ERA then must grant the exemption which may be subject to conditions, including an expiry date for the exemption. The non-scheme service providers must notify the ERA if circumstances changes such that the non- scheme pipeline no longer qualifies for the exemption.
|Category 1: Exemption from access requests and negotiations, and arbitration of access disputes requirements in Part 23 of the National Gas Rules
|The non-scheme pipeline is not a third party access pipeline
|Category 2: Exemption from information disclosure requirements in Part 23 of the National Gas Rules
|Either of the following:
(a) The pipeline is not a third party access pipeline.
(b) The pipeline is a single user pipeline.
|Category 3: Exemption from information disclosure requirements (except for pipeline information and pipeline service information) in Part 23 of the National Gas Rules
|At any time, the average daily injection of natural gas into the non-scheme pipeline calculated over the immediately preceding 24 months is less than 10TJ/day
Applying for an exemption
If you wish to apply for an exemption, or for an existing exemption to be varied or revoked, you must complete the application form provided in the table below.
All applications will then be assessed by the ERA in accordance with the National Gas Rules. An exemption that is subject to conditions may be varied either by the ERA or on application of the owner or operator of the non-scheme pipeline. The ERA may also revoke an exemption where in the ERA’s reasonable opinion, the relevant exemption criteria is no longer satisfied. Any person may apply to the ERA to have an exemption revoked.