Western Australia Energy Coordination Act 1994 Energy Coordination (Gas Tariffs) Regulations 2000 Western Australia Energy Coordination (Gas Tariffs) Regulations 2000 CONTENTS Part 1 - Preliminary 1. Citation 1 2. Commencement 1 3. Areas to which regulations apply 1 4. Terms used 1 5. Supplier to have at least one capped tariff 3 6. Gas to be offered under standard contract at capped tariff 3 7. Calculation of amounts 4 Schedule 1 - Tariff caps Part 1 - Mid-West/South-West area 1. Residential tariff 5 2. Non-residential tariff 6 Part 2 - Albany area 3. Residential tariff 7 4. Non-residential tariff 7 Part 3 - Kalgoorlie-Boulder area 5. Residential tariff 8 6. Non-residential tariff 8 Part 4 - Adjustment of certain tariff caps 7. Term used: CPI number 9 8. General adjustment for 2013/2014 financial year and subsequent financial years 9 9. Special adjustment for residential tariffs in Mid-West/South-West area 10 Notes Compilation table 12 Defined Terms Western Australia Energy Coordination Act 1994 Energy Coordination (Gas Tariffs) Regulations 2000 Part 1 - Preliminary 1. Citation These regulations may be cited as the Energy Coordination (Gas Tariffs) Regulations 2000 1. 2. Commencement These regulations come into operation on the relevant day as defined in section 25(3) of the Gas Corporation (Business Disposal) Act 1999 1. 3. Areas to which regulations apply These regulations apply to the supply of gas in - (a) the Mid-West/South-West area; (b) the Albany area; or (c) the Kalgoorlie-Boulder area. 4. Terms used (1) In these regulations, unless the contrary intention appears - Albany area means the supply area or parts of a supply area to which a distribution licence - (a) granted to the Gas Corporation; and (b) applying to land any of which is in the local government district of Albany, applied when it was first granted; capped tariff has the same meaning as in regulation 5; dwelling means a house, flat, home unit or other place of residence; Kalgoorlie-Boulder area means the supply area or parts of a supply area to which a distribution licence - (a) granted to the Gas Corporation; and (b) applying to land any of which is in the local government district of Kalgoorlie-Boulder, applied when it was first granted; Mid-West/South-West area means the supply areas or parts of a supply area to which any of the distribution licences of the Gas Corporation, other than a licence referred to in the definition of Albany area or Kalgoorlie-Boulder area applied when first granted; supplier means a person who supplies gas; supply has the meaning given by paragraph (b) of the definition of supply in section 3 of the Act; unit means 3.6 megajoules. (2) For the purposes of these regulations a supply of gas is for residential purposes if the gas - (a) is supplied to - (i) a dwelling; or (ii) a place, other than a dwelling, to which the supply of gas is separately metered; and (b) is solely for residential use. 5. Supplier to have at least one capped tariff (1) A supplier intending to supply gas in an area referred to in regulation 3(a), (b), or (c) is required to have at least one capped tariff for any supply of gas in that area. (2) In subregulation (1) - capped tariff means a tariff under which the charge for a supply of gas in any period for which a charge is calculated under the tariff cannot exceed the charge for that supply that would be calculated and, where applicable, adjusted under Schedule 1. [Regulation 5 amended in Gazette 18 Oct 2002 p. 5224.] 6. Gas to be offered under standard contract at capped tariff [(1) deleted] (2) A supplier is required to offer to supply gas to each of its existing standard contract customers under the terms of the customer's existing contract but at a capped tariff unless the existing contract already entitles the customer to be supplied at a capped tariff. (3) In subregulation (2) - existing standard contract customer means a small use customer who is supplied with gas under a contract that, under section 25(1) of the Gas Corporation (Business Disposal) Act 1999, the customer is to be regarded as having entered into. (4) When offering to supply gas to a new customer, a supplier is to offer to supply gas under an approved contract but at a capped tariff. (5) In subregulation (4) - approved contract means - (a) a contract in a form approved under section 26(2)(c) of the Act by the Coordinator; or (b) a contract the terms and conditions of which are specified in a trading licence; new customer means a small use customer to whom a supplier offers to supply gas for the supply of which the customer does not already have a contract. (6) This regulation does not prevent the supplier and customer from agreeing to charges or other terms and conditions that are different from those required by this regulation to be offered. [Regulation 6 amended in Gazette 18 Oct 2002 p. 5224.] 7. Calculation of amounts (1) In calculating an amount under Schedule 1, an amount calculated by reference to a rate expressed in cents per unit or cents per day is to be rounded to the nearest one hundredth of one cent except if it falls halfway between 2 consecutive one hundredths of one cent, in which case it is to be rounded to the nearest even one hundredth of one cent. (2) In calculating a charge for the supply of gas, an amount that is not a whole number multiple of 5 cents is to be rounded to the nearest whole number multiple of 5 cents except if it falls halfway between 2 consecutive whole number multiples of 5 cents, in which case it is to be rounded to the nearest even whole number multiple of 5 cents. [8. Deleted in Gazette 30 Jun 2008 p. 3133.] Schedule 1 - Tariff caps [r. 5(2)] Part 1 - Mid-West/South-West area 1. Residential tariff Under this Schedule a charge for the supply of gas for residential purposes is calculated by adding the fixed component and the usage components, each of which is calculated at the rate shown in the Table to this clause or, where applicable, that rate as adjusted under Part 4. Rates for components of residential tariff |Fixed component |18.54 cents per day | |Usage components | | |first usage component |12.79 cents per unit for| | |the first L units | |second usage component|11.54 cents per unit for| | |the next M units | |third usage component |11.54 cents per unit for| | |each additional unit | | |Where - | | |(a) for a single | | |dwelling supplied | | |through a separately | | |metered supply point - | | |L = 12 ( N | | |M = 24 ( N | | |N = the number of days | | |in the period for which | | |the charge is calculated| | | | | |(b) for multiple | | |dwellings supplied | | |through a commonly | | |metered supply point - | | |L = [12 ( N] + [(F-1) ( | | |5] | | |M = [24 ( N] + [(F-1) ( | | |5] | | |N = the number of days | | |in the period for which | | |the charge is calculated| | | | | |F = the number of | | |dwellings | [Clause 1 amended in Gazette 18 Oct 2002 p. 5224; 30 Jun 2008 p. 3133-4; 30 Jun 2009 p. 2669-70; 26 Mar 2010 p. 1143; 29 Jul 2011 p. 3130-1; 1 May 2012 p. 1841-2.] 2. Non-residential tariff Under this Schedule a charge for the supply of gas for purposes other than residential purposes is calculated by adding the fixed component and the usage components, each of which is calculated at the rate shown in the Table to this clause or, where applicable, that rate as adjusted under Part 4. Rates for components of non-residential tariff |Fixed component |16.13 cents per day | |Usage components | | |first usage component |11.66 cents per unit for| | |the first L units | |second usage component|9.34 cents per unit for | | |each additional unit | | |Where - | | |L = 100 ( N | | |N = the number of days | | |in the period for which | | |the charge is calculated| [Clause 2 amended in Gazette 18 Oct 2002 p. 5224; 30 Jun 2008 p. 3134; 30 Jun 2009 p. 2671; 26 Mar 2010 p. 1144; 29 Jul 2011 p. 3131; 1 May 2012 p. 1842.] Part 2 - Albany area 3. Residential tariff Under this Schedule a charge for the supply of gas for residential purposes is calculated by adding the fixed component and the usage component, each of which is calculated at the rate shown in the Table to this clause or, where applicable, that rate as adjusted under Part 4. Rates for components of residential tariff |Fixed |(a) for premises other than those| |component |described in paragraph (b) - | | |20.02 cents per day | | |(b) for multiple dwellings | | |supplied through a commonly | | |metered supply point - | | | . 20.02 cents per day for the | | |first dwelling | | |. 9.99 cents per day for each | | |additional dwelling | |Usage |14.56 cents per unit | |component | | [Clause 3 amended in Gazette 18 Oct 2002 p. 5224; 30 Jun 2008 p. 3134; 30 Jun 2009 p. 2672; 26 Mar 2010 p. 1144; 29 Jul 2011 p. 3131; 1 May 2012 p. 1842-3.] 4. Non-residential tariff Under this Schedule a charge for the supply of gas for purposes other than residential purposes is calculated by adding the fixed component and the usage component, each of which is calculated at the rate shown in the Table to this clause or, where applicable, that rate as adjusted under Part 4. Rates for components of non-residential tariff |Fixed |20.02 cents per day | |component | | |Usage |14.56 cents per unit | |component | | [Clause 4 amended in Gazette 18 Oct 2002 p. 5224; 30 Jun 2008 p. 3135; 30 Jun 2009 p. 2672; 26 Mar 2010 p. 1144; 29 Jul 2011 p. 3132; 1 May 2012 p. 1843.] Part 3 - Kalgoorlie-Boulder area 5. Residential tariff Under this Schedule a charge for the supply of gas for residential purposes is calculated by adding the fixed component and the usage component, each of which is calculated at the rate shown in the Table to this clause or, where applicable, that rate as adjusted under Part 4. Rates for components of residential tariff |Fixed |41.68 cents per day | |component | | |Usage |11.89 cents per unit | |component | | [Clause 5 amended in Gazette 18 Oct 2002 p. 5224-5; 30 Jun 2008 p. 3135; 30 Jun 2009 p. 2672; 26 Mar 2010 p. 1144; 29 Jul 2011 p. 3132; 1 May 2012 p. 1843.] 6. Non-residential tariff Under this Schedule a charge for the supply of gas for purposes other than residential purposes is calculated by adding the fixed component and the usage component, each of which is calculated at the rate shown in the Table to this clause or, where applicable, that rate as adjusted under Part 4. Rates for components of non-residential tariff |Fixed |41.49 cents per day | |component | | |Usage |10.59 cents per unit | |component | | [Clause 6 amended in Gazette 18 Oct 2002 p. 5224-5; 30 Jun 2008 p. 3135; 30 Jun 2009 p. 2673; 26 Mar 2010 p. 1145; 29 Jul 2011 p. 3132; 1 May 2012 p. 1844.] Part 4 - Adjustment of certain tariff caps [Heading inserted in Gazette 18 Oct 2002 p. 5225.] 7. Term used: CPI number In this Part - CPI number means - (a) the Consumer Price Index, All Groups index number, weighted average for 8 capital cities, calculated and published by the Australian Statistician; or (b) if there is no number as described in paragraph (a), a corresponding index number calculated and published by a person appointed by the Coordinator. [Clause 7 inserted in Gazette 18 Oct 2002 p. 5225.] 8. General adjustment for 2013/2014 financial year and subsequent financial years (1) This clause applies to the calculation of the fixed component and the usage component or components (other than the usage component to which clause 9 applies) of a charge under this Schedule for the supply of gas in the 2013/14 financial year or a subsequent financial year (in this clause called the relevant year). (2) If the CPI number for the quarter ending on the last 31 March before the beginning of the relevant year (CPIr) is more than the CPI number for the quarter ending on the 31 March that was a year earlier (CPIr-1), instead of using the number of cents per day or cents per unit shown in the relevant Table the number to be used for the relevant year is derived from the formula - [pic] where - Rn is the number of cents per day or cents per unit for the relevant year; Rn-1 is the number of cents per day or cents per unit that applied under this Schedule immediately before the relevant year began. (3) If CPIr is not more than CPIr-1, the number of cents per day or cents per unit to be used for the relevant year is the number that applied under this Schedule immediately before the relevant year began. [Clause 8 inserted in Gazette 18 Oct 2002 p. 5225-6; amended in Gazette 30 Jun 2008 p. 3135; 30 Jun 2009 p. 2673; 26 Mar 2010 p. 1145; 29 Jul 2011 p. 3132; 1 May 2012 p. 1844.] 9. Special adjustment for residential tariffs in Mid-West/South-West area (1) This clause applies to the calculation of the third usage component (the relevant component) of a charge under this Schedule for the supply of gas for residential purposes in the Mid-West/South- West area in the 2013/14 financial year or a subsequent financial year (in this clause called the relevant year). (2) If the CPI number for the quarter ending on the last 31 March before the beginning of the relevant year (CPIr) is not at least 2% less than the CPI number for the quarter ending on the March that was a year earlier (CPIr-1), instead of using the number of cents per unit shown in the relevant Table the number to be used for the relevant component for the relevant year is derived from the formula - [pic] where - Rn is the number of cents per unit for the relevant year; Rn-1 is the number of cents per unit that applied under this Schedule for the relevant component immediately before the relevant year began. (3) If CPIr is at least 2% less than CPIr-1, the number of cents per unit to be used for the relevant year is the number that applied under this Schedule for the relevant component immediately before the relevant year began. [Clause 9 inserted in Gazette 18 Oct 2002 p. 5226; amended in Gazette 30 Jun 2008 p. 3136; 30 Jun 2009 p. 2673; 26 Mar 2010 p. 1145; 29 Jul 2011 p. 3132; 1 May 2012 p. 1844.] Notes 1 This is a compilation of the Energy Coordination (Gas Tariffs) Regulations 2000 and includes the amendments made by the other written laws referred to in the following table. The table also contains information about any reprint. Compilation table |Citation |Gazettal |Commencement | |Energy Coordination |28 Jun |2 Jul 2000 (see r. 2| |(Gas Tariffs) |2000 |and Gazette 28 Jun | |Regulations 2000 |p. 3300-1|2000 p. 3285) | | |2 | | |Energy Coordination |18 Oct 20|18 Oct 2002 (see | |(Gas Tariffs) Amendment|02 |r. 2) | |Regulations 2002 |p. 5223-6| | |Energy Coordination |30 Jun 20|1 Jul 2008 (see | |(Gas Tariffs) Amendment|08 |r. 2) | |Regulations 2008 |p. 3131-6| | |Energy Coordination |30 Jun |r. 1 and 2: | |(Gas Tariffs) Amendment|2009 |30 Jun 2009 | |Regulations 2009 |p. 2667-7|(see r. 2(a)); | | |3 |Regulations other | | | |than r. 1 and 2: | | | |1 Jul 2009 (see | | | |r. 2(b)) | |Reprint 1: The Energy Coordination (Gas Tariffs) | |Regulations 2000 as at 18 Sep 2009 (includes | |amendments listed above) | |Energy Coordination |26 Mar 20|r. 1 and 2: | |(Gas Tariffs) Amendment|10 |26 Mar 2010 | |Regulations 2010 |p. 1142-5|(see r. 2(a)); | | | |Regulations other | | | |than r. 1 and 2: | | | |1 Apr 2010 (see | | | |r. 2(b)) | |Energy Coordination |29 Jul 20|r. 1 and 2: | |(Gas Tariffs) Amendment|11 |29 Jul 2011 | |Regulations 2011 |p. 3130-2|(see r. 2(a)); | | | |Regulations other | | | |than r. 1 and 2: | | | |1 Aug 2011 (see | | | |r. 2(b)(i)) | |Energy Coordination |1 May 201|r. 1 and 2: | |(Gas Tariffs) Amendment|2 |1 May 2012 | |Regulations (No. 2) |p. 1841-4|(see r. 2(a)); | |2012 | |Regulations other | | | |than r. 1 and 2: | | | |1 May 2012 (see | | | |r. 2(b)) | Defined Terms [This is a list of terms defined and the provisions where they are defined. The list is not part of the law.] Defined Term Provision(s) Albany area 4(1) approved contract 6(5) capped tariff 4(1), 5(2) CPI number Sch. 1 cl. 7 CPIr Sch. 1 cl. 8(2) and 9(2) CPIr-1 Sch. 1 cl. 8(2) and 9(2) dwelling 4(1) existing standard contract customer 6(3) Kalgoorlie-Boulder area 4(1) Mid-West/South-West area 4(1) new customer 6(5) supplier 4(1) supply 4(1) the relevant component Sch. 1 cl. 9(1) the relevant year Sch. 1 cl. 8(1) and 9(1) unit 4(1)