Compliance and Enforcement Regulation Changes

Energy Policy WA is progressing changes to the compliance and enforcement frameworks under the Wholesale Electricity Market (WEM), Gas Services Information (GSI) and Pilbara Networks Regulations.
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Under Stage 1 of the Western Australian Government’s Energy Transformation Strategy, the Energy Transformation Taskforce implemented a number of changes to the monitoring and compliance framework under the Wholesale Electricity Market (WEM) Rules.

To give effect to a number of these changes, Energy Policy WA must progress amendments to the WEM Regulations, before the commencement of the new market on 1 October 2023. Some related amendments are also proposed to be progressed, including proposed changes to the Gas Services (GSI) Information and Pilbara Networks Regulations.

Energy Policy WA published a consultation paper on 18 July 2022, seeking feedback on a high-level summary of the proposed changes, which included:

  • Changes to the Civil Penalty framework;
  • New functions of the ERA;
  • Changes to the Reviewable Decisions framework;
  • Changes to align processes across the WEM, GSI and Pilbara Networks Regulations; and
  • Related amendments to the WEM Rules.

Stakeholder submissions on the Consultation Paper can be found below.

Energy Policy WA has now released an Exposure Draft of proposed amendments to the WEM Rules and the Energy Regulations Amendment Regulations 2023. The latter includes proposed changes to the WEM, GSI and Pilbara Regulations.

The Exposure Draft has addressed stakeholder feedback where practicable, and provides the additional information that many stakeholders requested in their submissions. An overview of the draft changes to the WEM Rules and the WEM, GSI and Pilbara Regulations is provided on the first page of the Exposure Draft at the link below.

The window for submitting feedback closed at 5:00pm, 7 March 2023

Stakeholder submissions on the Exposure Draft can be found below.

Stakeholder feedback has been considered and a summary of responses to submissions received can be found below. 

The Wholesale Energy Market (Tranche 6A Amendments) Rules 2023, incorporating the final Market Power Mitigation and Compliance and Enforcement provisions, were approved by the Minister for Energy and a notice was published in the Government Gazette on Friday 31 March 2023