On 12 August 2011, the Australian Energy Regulator exempted APT Pipelines NT Pty Ltd (APTNT) from its ring fencing obligations under s. 140 of the National Gas Law (NGL).
The exemption will allow staff of APTNT to undertake marketing and sales work for NT Gas Distribution, which is an associate company that takes part in a related business.
The final decision also repeals a previous ring fencing exemption granted to NT Gas by the ACCC in March 2002.
Background
On 27 May 2011, APTNT applied to the Australian Energy Regulator (AER) under s. 146 of the National Gas Law (NGL) for an exemption from its ring fencing obligations under s. 140 of the NGL.
The application was made in anticipation of APTNT’s acquisition of the Amadeus Gas Pipeline (AGP) and shares in NT Gas Distribution Pty Ltd (NT Gas Distribution), which occurred on 17 June 2011.
On 1 July 2011, the AER published its draft decision to approve the waiver application. No submissions were received by the AER on its draft decision.