Western Australia’s adoption of the National Energy Laws—Rules Act

On 9 October 2020, Western Australia adopted two provisions from the Statutes Amendment (National Energy Laws) (Rules) Act 2018 (SA).
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The Rules Package commenced in other Australian jurisdictions in September 2018 as a result of the Statutes Amendment (National Energy Laws) (Rules) Act 2018   (SA).

The Package amended how National Gas Rules could be made by: 

  • establishing a special rule-making process that allowed certain rule changes recommended by the Energy Security Board to be made by the South Australian Energy Minister, subject to approval by Australian Energy Ministers; and 
  • extending the timeframe for the Australian Energy Market Commission (AEMC) to make a final rule determination under the expedited rule-making process from six to eight weeks.

WA only adopted the two provisions in the National Energy Laws—Rules Act that related to the AEMC’s rule-making process, giving the AEMC additional time to consider stakeholder submissions before making a non-controversial or urgent final Rule determination for the Western Australian National Gas Rules.

These amendments were applied to the National Gas Access (Western Australia) Law  with the commencement of the National Gas Access (WA) Adoption of Amendments Order 2020 and National Gas Access (WA) (Act Amendment) Regulations 2020 on 9 October 2020. 

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