The Gas Supply (Gas Quality Specifications) Act 2009 (the Act) recognises that there may be circumstances where applying the Gas Quality Specifications framework in full is unnecessary or inappropriate, given that the gas market in Western Australia is governed by complex and confidential contractual arrangements.
Under the Act, the Minister for Energy may grant exemptions from the Act or specified provisions of the Act. The Minister may exempt:
- a specified person or class of persons;
- a specified thing or class of things;
- a specified contract or class of contracts; or
- a specified activity relating to the sale, supply, storage or transportation of gas transported or to be transported through a gas transmission pipeline.
This flexibility allows the framework to accommodate unique operational, commercial, or technical circumstances that may not have been anticipated when the Act was developed.
Before granting an exemption, the Minister must make the proposed exemption available for comment to the extent considered necessary.
Exemptions may be granted subject to specified conditions and may operate indefinitely or for a specified period. The Minister may also amend or revoke an exemption if circumstances change.
To date, the Minister has made three exemption orders. All these orders have now ceased:
| Order | Date Made | Ceased to Have Effect |
|---|---|---|
25 June 2010 | 7 March 2015 | |
23 December 2014 | 31 December 2017 | |
29 December 2017 | 31 December 2022 |
An exemption order made by the Minister is disallowable by Parliament under the Interpretation Act 1984 (WA).
