On 13 August 2026, Australian Gas Networks Limited (AGN) submitted two applications to the AER under rule 34 of the National Gas Rules (NGR) seeking exemptions from the ring-fencing obligations under sections 139 and 140 of the National Gas Law (NGL).
The applications relate to:
- Hydrogen Park South Australia (HyP SA), a renewable hydrogen production and blending facility at the Tonsley Innovation District in Adelaide
- Hydrogen Park Gladstone (HyP Gladstone), a renewable hydrogen production and blending facility in Gladstone, Queensland.
AGN owns and operates the projects and is the service provider for the relevant gas distribution networks. AGN considers that producing and blending hydrogen at the projects and providing blend processing services constitutes carrying on a related business under the NGL.
AGN is seeking exemptions from:
- section 139 of the NGL, which prohibits a service provider from carrying on a related business
- section 140 of the NGL, which restricts the sharing of marketing staff between a service provider and an associate carrying on a related business.
HyP SA and HyP Gladstone currently benefit from deemed exemptions from ringfencing requirements under Part 2 of Schedule 7 to the NGR. Those exemptions expire on 30 November 2026. AGN has requested that the exemptions sought under rule 34 of the NGR commence from that date.
The AER is assessing the applications in accordance with the NGR.
On 4 September 2026 and 10 September 2026, AGN provided responses to AER requests for information (RFI).