Part 23 (Access to non-scheme pipelines) exemptions

Who may obtain an exemption?

Under the National Gas Rules (NGR), a non-scheme pipeline owner/operator may apply to the AER for an exemption from the Information Disclosure and Arbitration Framework where the pipeline 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’s process of granting an exemption is time-limited, and the AER must publish and maintain a public register of Part 23 (Access to non-scheme pipelines) 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.

Exemption categories

There are three categories of exemptions for non-scheme pipelines (see NGR, r. 585). Exemptions do not apply automatically. Non-scheme pipeline owners or operators 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.

Exemption category and criteria
Exemption category Exemption criteria
Category 1: exemption from arbitration of access disputes The pipeline does not provide third party access
Category 2: exemption from information disclosure provisions

Either of the following:

The pipeline  does not provide third party access.

The pipeline is a single shipper pipeline.
Category 3: exemption from publishing service usage information, service availability information and financial information At any time, the average daily injection of natural gas into the non-scheme pipeline calculated over the immediately preceding 24 months is less than 10TJ/day.


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.

Application form - Part 23 (Access to non-scheme pipelines) exemption - 14 May 2019 ( PDF 762.81 KB )

Public register

Non-scheme pipelines that hold an exemption under Part 23 of the NGR will appear on the AER public register of Part 23 (Access to non-scheme pipelines) 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.