Gas Pipelines Access (Tasmania) Act 2000
An Act to make provision for the regulation of third party access to natural gas pipeline systems and for other purposes
[Royal Assent 14 November 2000]
The Council of Australian Governments agreed, in February 1994, to general principles of competition policy reform to enable third parties, in particular circumstances, to gain access to essential facilities.
The Council of Australian Governments, as part of that commitment to reform, agreed to more specific proposals for the development of free and fair trade in natural gas.
The Commonwealth, the States of New South Wales, Victoria, Queensland, South Australia, Western Australia and Tasmania, the Northern Territory and the Australian Capital Territory agreed in November 1997 to the enactment of legislation in the Commonwealth and those States and Territories so that a uniform national framework applies for third party access to all gas pipelines that –
(a) facilitates the development and operation of a national market for natural gas; and(b) prevents abuse of monopoly power; and(c) promotes a competitive market for natural gas in which customers may choose suppliers, including producers, retailers and traders; and(d) provides rights of access to natural gas pipelines on conditions that are fair and reasonable for the owners and operators of gas transmission and distribution pipelines and persons wishing to use the services of those pipelines; and(e) provides for resolution of disputes.
Be it enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, as follows:
PART 1 - Preliminary
This Act may be cited as the Gas Pipelines Access (Tasmania) Act 2000 .
The provisions of this Act commence on a day or days to be proclaimed.
(1) In this Act –Gas Pipelines Access Law means –(a) Schedule 1 to the South Australian Act –(i) as enacted; or(ii) if amended, as amended and in force for the time being; and(b) the National Third Party Access Code for Natural Gas Pipeline Systems (a copy of which, as agreed by the Council of Australian Governments on 7 November 1997, is set out in Schedule 2 to the South Australian Act) or, if that Code is amended in accordance with Schedule 1 to that Act, that Code as so amended and in force for the time being;Gas Pipelines Access (Tasmania) Law means the provisions applying because of section 7;Gas Pipelines Access (Tasmania) Regulations means the provisions applying because of section 8;South Australian Act means the Gas Pipelines Access (South Australia) Act 1997 of South Australia.(2) Words and expressions used in the Gas Pipelines Access Law, as applying because of section 7 , and in this Act have the same respective meanings in this Act as they have in that Law as so applying.(3) Subsection (2) does not apply to the extent that the context or subject matter otherwise indicates or requires.
This Act, the Gas Pipelines Access (Tasmania) Law and the Gas Pipelines Access (Tasmania) Regulationsbind the Crown, not only in right of Tasmania but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
5. Application to coastal waters
(1) This Act, the Gas Pipelines Access (Tasmania) Law and the Gas Pipelines Access (Tasmania) Regulations apply in the coastal waters of this State.(2) In subsection (1) ,coastal waters, in relation to this State, means any sea that is on the landward side of the adjacent area of this State but is not within the limits of this State.
(1) It is the intention of Parliament that the operation of this Act, the Gas Pipelines Access (Tasmania) Law and the Gas Pipelines Access (Tasmania) Regulations should, as far as possible, include operation in relation to the following:(a) things situated in or outside this State;(b) acts, transactions and matters done, entered into or occurring in or outside this State;(c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another State, a Territory, the Commonwealth or a foreign country.(2) Nothing in subsection (1) has effect in relation to a pipeline to the extent that the pipeline is situated, or partly situated, beyond the jurisdictional areas of all the scheme participants.
PART 2 - Gas Pipelines Access (Tasmania) Law and Gas Pipelines Access (Tasmania) Regulations
7. Application in Tasmania of Gas Pipelines Access Law
The Gas Pipelines Access Law –(a) applies as a law of Tasmania; and(b) as so applying, may be referred to as the Gas Pipelines Access (Tasmania) Law.
8. Application in Tasmania of regulations under Gas Pipelines Access Law
The regulations in force for the time being under Part 3 of the South Australian Act –(a) apply as regulations in force for the purposes of the Gas Pipelines Access (Tasmania) Law; and(b) as so applying, may be referred to as the Gas Pipelines Access (Tasmania) Regulations.
9. Interpretation of some expressions in Gas Pipelines Access (Tasmania) Law and Gas Pipelines Access (Tasmania) Regulations
(1) In the Gas Pipelines Access (Tasmania) Law and the Gas Pipelines Access (Tasmania) Regulations –Code means the National Third Party Access Code for Natural Gas Pipeline Systems (a copy of which, as agreed by the Council of Australian Governments on 7 November 1997, is set out in Schedule 2 to the South Australian Act) or, if that Code is amended in accordance with Schedule 1 to that Act, that Code as so amended and in force for the time being, as it applies because of section 7 of this Act as a law of Tasmania;Court means the Supreme Court;designated appeals body means the Australian Competition Tribunal;designated Minister means –(a) in relation to a transmission pipeline, the Commonwealth Minister; and(b) in relation to a distribution pipeline, the Minister responsible for the administration of this Act;Gas Pipelines Access Law means the Gas Pipelines Access (Tasmania) Law;Legislature means the Parliament of Tasmania;local appeals body means the Australian Competition Tribunal;local Minister means the Minister responsible for the administration of this Act;local Regulator means –(a) in relation to a transmission pipeline, the ACCC; and(b) in relation to a distribution pipeline, such person as is prescribed;this Law means the Gas Pipelines Access (Tasmania) Law;this scheme participant means the State of Tasmania;Supreme Court means the Supreme Court of Tasmania.(2) The Acts Interpretation Act 1915, and other Acts, of South Australia do not apply to –(a) the Gas Pipelines Access Law in its application as a law of Tasmania; or(b) the regulations in force for the time being under Part 3 of the South Australian Act in their application as regulations in force for the purposes of the Gas Pipelines Access (Tasmania) Law.
PART 3 - National administration and enforcement
10. Conferral of functions on Commonwealth Minister and Commonwealth bodies
(1) The Commonwealth Minister, the ACCC, the NCC and the Australian Competition Tribunal have the functions and powers conferred or expressed to be conferred on them respectively under the Gas Pipelines Access (Tasmania) Law.(2) In addition to the powers mentioned in subsection (1) , the Commonwealth Minister and the bodies referred to in that subsection have power to do all things necessary or convenient to be done in connection with the performance or exercise of the functions and powers referred to in that subsection.
11. Conferral of power on Commonwealth Minister and Commonwealth bodies to do acts in this State
The Commonwealth Minister, the ACCC, the NCC and the Australian Competition Tribunal have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the gas pipelines access legislation of another scheme participant.
12. Conferral of power on Ministers, Regulators and appeals bodies of other scheme participants to do acts in this State
The local Minister, the local Regulator and the local appeals body within the meaning of the gas pipelines access legislation of another scheme participant have power to do acts in or in relation to this State in the performance or exercise of a function or power expressed to be conferred on them respectively by the gas pipelines access legislation of that other scheme participant.
13. Conferral of functions on Code Registrar
(1) The Code Registrar –(a) has the functions and powers conferred or expressed to be conferred on the Code Registrar under the Gas Pipelines Access (Tasmania) Law or under the National Gas Agreement; and(b) has any other functions and powers conferred on the Code Registrar by unanimous resolution of the relevant Ministers of the scheme participants.(2) In addition to the powers mentioned in subsection (1) , the Code Registrar has power to do all things necessary or convenient to be done in connection with the performance or exercise of the functions and powers referred to in that subsection.(3) The Code Registrar may delegate to any person any of the functions and powers conferred on the Code Registrar by this section, other than this power of delegation.
14. Functions and powers conferred by other scheme participants on local Minister, Regulator and appeals body
If the gas pipelines access legislation of another scheme participant confers a function or power on the local Minister, local Regulator or local appeals body (each within the meaning of the Gas Pipelines Access (Tasmania) Law), that Minister, Regulator or appeals body –(a) may perform that function or exercise that power; and(b) may do all things necessary or convenient to be done in connection with the performance or exercise of that function or power.
15. Functions of prescribed person as local Regulator
(1) If a person is prescribed as the local Regulator, that person in the capacity as local Regulator within the meaning of the Gas Pipelines Access (Tasmania) Law –(a) may perform and exercise only such functions and powers as are conferred on that person by that Law or by the gas pipelines access legislation of another scheme participant; and(b) is not subject to the control or direction of any Minister or officer of the Crown in the performance or exercise of any such function or power.(2) If a person is prescribed as the local Regulator, that person may hold that office in conjunction with any other position or office held by that person.
PART 4 - Miscellaneous
(1) Any stamp duty or other tax imposed by or under a law of this State is not payable in relation to –(a) an exempt matter; or(b) anything done (including, for example, a transaction entered into or an instrument or document made, executed, lodged or given) because of, or arising out of, an exempt matter.(2) In this section,exempt matter means a transfer of assets or liabilities that the Minister and the Treasurer are satisfied is made for the purpose of ensuring that a person does not carry on a business of producing, purchasing or selling natural gas in breach of the Code or for the purpose of the separation of certain activities from other activities of a person as required by the Code, and for no other purpose.
17. Actions in relation to cross-boundary pipelines
(1) If a pipeline is a cross-boundary pipeline, any action taken under the gas pipelines access legislation of a scheme participant in whose jurisdictional area a part of the pipeline is situated –as the case requires.(a) by, or in relation to, a relevant Minister, or a relevant Regulator, within the meaning of that legislation; or(b) by, or in relation to, an arbitrator appointed by a relevant Regulator within the meaning of that legislation; or(c) by the Supreme Court or the relevant appeals body, within the meaning of that legislation, in relation to the action taken by, or in relation to, a person or body referred to in paragraph (a) or (b) –is taken also to be action taken under the gas pipelines access legislation of each other scheme participant in whose jurisdictional area a part of the pipeline is situated ("that other legislation") –(d) by, or in relation to, a relevant Minister, or a relevant Regulator, within the meaning of that other legislation; or(e) by, or in relation to, an arbitrator appointed by a relevant Regulator within the meaning of that other legislation; or(f) by the Supreme Court or the relevant appeals body, within the meaning of that other legislation –(2) In this section,cross-boundary pipeline means a transmission pipeline, or a distribution pipeline, that is, or is to be, situated in the jurisdictional areas of 2 or more scheme participants.(3) A reference in this section to an action that is taken includes a reference to a decision that is made.
The Governor may make regulations prescribing a person to be the local Regulator in relation to a distribution pipeline.
Until provision is made in relation to this Act by order under section 4 of the Administrative Arrangements Act 1990 –(a) the administration of this Act is assigned to the Minister for Infrastructure, Energy and Resources; and(b) the department responsible to the Minister for Infrastructure, Energy and Resources in relation to the administration of this Act is the Department of Infrastructure, Energy and Resources.
The Gas Franchises Act 1973 is repealed.