Gas Industry Licence Exemptions

Licence Exemptions under the Energy Coordination Act 1994

The Energy Coordination Act 1994 (the Act) governs the operation and regulation of the Western Australian gas industry. The Economic Regulation Authority (the Authority) issues gas trading and distribution licences. The Act provides a range of mechanisms by which the Authority is able to enforce compliance with licences.

Under the Act a person cannot without a licence:

construct, alter or operate a distribution system;
transport gas through a distribution system; or
sell to small use customers gas transported through a distribution system

Under section 11H of the Act, the Governor may exempt any person or class of persons from requiring a licence for such a purpose. Where granted, licence exemption orders are published in the Government Gazette. In some circumstances, a licence exemption may be conditional. The Office of Energy administers exemptions from licensing as required under the Act.

Public Interest

Under the Act, an applicant for a licence exemption is required to demonstrate that granting a licence exemption would not be contrary to the public interest on the following grounds:

environmental considerations;
social welfare and equity considerations, including community service obligations;
economic and regional development, including employment and investment growth;
the interests of gas customers generally or of a class of gas customers;
the interests of any licensee, or applicant for a licence, in respect of the supply area or part of a supply area to which the order, if made, would apply;
the importance of competition in gas industry markets;
the policy objectives of government in relation to the supply of gas; and
any other matter that he or she considers relevant.

However, other matters may also be taken into account, such as safety and reliability issues, when determining suitability for a licence exemption.

Consideration of Licence Exemptions

The Office of Energy considers licence exemptions on its own initiative or on request.

Process

When the Office of Energy considers a proposed licence exemption it provides a report on the exemption for public comment. Following the public comment stage, the Office of Energy makes a recommendation to the Minister for Energy on whether or not an exemption should be granted. The Governor may grant an exemption on advice from the Minister for Energy.

Public Comment

Licence exemptions under consideration will be made available on this page for public comment, unless otherwise agreed with the Office of Energy. Any person or organisation may make a submission. The Office of Energy will publish on its website the submissions it receives. However, if aspects of the submission are considered confidential, those aspects should be clearly identified and the reasons for a claim of confidentiality noted in a covering letter.

Further Information

General queries about making an application can be addressed to the Office of Energy.

By post to:

Licence Exemptions
C/- Regulatory Framework Branch
Office of Energy
Level 9, Govenor Stirling Tower
197 St George’s Terrace
PERTH WA 6000

Or by email to: licence-exemptions@energy.wa.gov.au. Electronic queries are encouraged. For more information, please contact Mr Alex Kroon at the Office of Energy on (08) 9420 5738.

If you have a query about a gas fitter's licence please contact EnergySafety on (08) 9422 5200 or by email to energylicensing@doc.wa.gov.au