Who may obtain an exemption?
Under the Gas Rules, a transportation facility (pipelines and compressor stations) operator may apply to the AER for an exemption from all or some aspects of the capacity trading platform and day ahead auction if the facility satisfies the relevant exemption criteria (see exemption categories below). The AER determines whether or not an exemption is granted. Exemptions may be time-limited, subject to conditions and varied at the AER’s discretion.
The AER must publish and maintain a public register of Part 24 (Capacity Trading Platform and Day Ahead Auction) exemptions. Once an exemption has been granted, details will be placed on the public register. Exemptions may be granted subject to conditions.
Any person may apply to the AER to have an exemption varied or revoked.[/no=lexicon]
Exemption categories
There are two categories of exemptions from the Capacity Trading Platform and Day Ahead Auction (see NGR, r. 611). A transportation service provider must make an application for an exemption using the online application form below. All applications will be assessed by the AER in accordance with the NGR. Below is a table containing the exemption categories and the relevant exemption criteria. Please note that the AER is likely to self-initiate exemptions for transportation facilities which already have a Part 23 exemption based on no third party access or having a single user. The AER is likely not to require applications for these facilities.
Under the NGR, automatic exemptions from all aspects of the capacity trading platform and day ahead auction will apply for distribution pipelines, a transportation facility that forms part of the DTS, compression facilities that are not designated in the Regulations, or are not stand-alone facilities, and a transportation facility located in the NT until the first transmission pipeline capable of transporting natural gas between the NT and QLD, NSW or SA is commissioned (Do not need to apply to AER).
| Exemption category | Exemption criteria |
|---|---|
|
Category 1: Full exemption from all aspects of the capacity trading platform and day ahead auction |
A transportation facility that does not provide third party access |
|
Category 2: Conditional exemption from the day ahead auction and the obligation to publish a A conditional exemption does not extend to the obligation to prepare and offer to enter into a |
Either of the following: Transportation facility with a single shipper Transportation facility with a nameplate capacity of less than 10 TJ |
Application form
If you wish to apply for an exemption, or for an existing exemption to be varied or revoked, you must complete the application form.
Public register
Transportation facilities that are granted an exemption under Part 24 of the NGR will appear on the AER public register of Part 24 (Capacity Trading Platform and Day Ahead Auction) exemptions. The public register contains additional information including the location and/or part of the pipeline, the category of exemption, the date the exemption was granted and applicable conditions.