Proposed regulatory amendments to extend AEMO’s functions and powers to manage east coast gas supply adequacy
Publication date
Consultation opened: 12pm AEST on 26 September 2022
On 12 August 2022, Energy Ministers agreed to take a range of actions to support a more secure, resilient and flexible east coast gas market. These actions include:
- urgent regulatory amendments that empower the Australian Energy Market Operator (AEMO) to better manage gas supply adequacy and reliability risks ahead of winter 2023 (known as the East Coast Gas System Framework)
- in the longer term, progress development of further supply adequacy and reliability measures which will help to guide how AEMO delivers its new functions.
These actions sought to address the winter 2023 east coast gas supply adequacy concerns raised by both the ACCC in its July Gas inquiry interim report and AEMO’s Gas Supply and System Adequacy Risks report (PDF 1.22 MB). See further detail below.
Following the 12 August decision, Energy Ministers agreed in October 2022 to amendments to the National Gas Law required to give effect to the new framework, and in February 2023 to amendments to the National Gas Regulations and National Gas Rules required to underpin that framework.
A Bill giving effect to these changes commenced on 27 April 2023, alongside supporting regulations. The corresponding Rule amendments came into effect on 4 May 2023. These regulatory instruments are accessible below:
- The National Gas (South Australia) (East Coast Gas System) Amendment Act 2023 (PDF 293 KB) which incorporates the East Coast Gas System Framework.
- The National Gas (South Australia) (East Coast Gas System) Amendment Regulations 2023 (PDF 163 KB)
- The National Gas Amendment (East Coast Gas System) Rule 2023 (PDF 1.36 MB)
AEMO undertook consultation with relevant market participants on the draft Procedures and Guidelines which underpin the East Coast Gas System Framework between 16 March 2023 and 6 April 2023. Final guidelines were published on 13 June 2023.
See the AEMO East Coast Gas Reforms page for more information.
Information paper - final Regulations and Rules
In the lead up to the passage of the Bill and the making and publication of the final Regulations and Rules, Energy Ministers agreed to release an information paper (DOCX 103 KB).
The information paper provides stakeholders with a high-level overview of the rule refinements that have been agreed by Energy Ministers which incorporate consultation feedback.
The information paper will support AEMO’s upcoming industry consultation on the development of procedures and guidelines ahead of implementation of the new framework.
Consultation process and submissions
Energy Senior Officials undertook consultation between 26 September and 21 October 2022 on the draft regulatory amendments required to implement the new framework.
Following that consultation, a range of refinements to the framework were made to the Bill, Regulations and Rules, as noted in the Information Paper (DOCX 103 KB).
Non-confidential submissions are available below.
The documents consulted on are listed below:
- Consultation paper – Extension of AEMO functions and powers to manage supply adequacy in the east coast gas market (DOCX 137 KB)
- Draft Bill, Regulations and initial Rules (PDF 274 KB)
A virtual information session was held on 29 September 2022 to provide stakeholders with an opportunity to learn from officials about the objectives of the consultation process, and participate in a Q&A session.
Slides presented at the session are available (PDF 1.04 MB).
Accessible document versions
An accessible version of the consultation paper is also available:
Stakeholder submissions
The following non-confidential stakeholder submissions were received in response to the Consultation paper – Extension of AEMO functions and powers to manage supply adequacy in the east coast gas market.
Draft Bill
Australian Aluminium Council (PDF 759 KB)
Chemistry Australia (PDF 211 KB)
Energy and Sustainability Consultant (PDF 162 KB)
Power and Water Corporation (PDF 291 KB)
Draft Regulations and Rules
Australian Aluminium Council (PDF 438 KB)
Chemistry Australia (PDF 221 KB)
Energy and Sustainability Consultant (PDF 162 KB)
Energy Networks Australia (PDF 275 KB)
AEMO’s Gas Supply and System Adequacy Risks report
On 8 June 2022, Energy Ministers agreed to task AEMO to provide an urgent update on the east coast gas supply and demand situation, including identification of any market constraints and provide advice to Energy Ministers on any actions Energy Ministers and the Commonwealth may need to take to address these issues.
In response to this tasking, AEMO presented a Gas Supply and System Adequacy Risks report (PDF 1.22 MB) to Ministers at their August meeting. It contained updated analysis following AEMO's Gas Statement of Opportunities (GSOO) released March 2022 (PDF 2.92 MB), and took into consideration recent developments in the east coast gas market and the National Electricity Market.
The report provides a point-in-time assessment of gas supply and system adequacy risks facing the east coast gas market between now and the end of 2023 based on information available as at 25 June 2022. The report covers:
- recent events in the east coast gas market
- updated outlooks for gas demand, supply and supply adequacy – including forecast risks of shortfalls until the end of 2023
- information on market design issues which may be exacerbating the risks of shortfalls.