In the process of acquiring the Pilbara business, APA offered a 15 year ‘undertaking’ to its existing and future gas transmission customers in the Pilbara in the form of a Deed Poll. 

Download a copy of the Deed Poll.

APA’s undertaking to customers of the PEPL

The deed poll offers an undertaking to all existing and future gas pipeline customers on the Pilbara Pipeline System (being the Pilbara Energy Pipeline, the Burrup Extension Pipeline, the Karratha Lateral, the HBI Lateral and the Boodarie Gas Lateral – the PPS) that APA will:

  • comply with ring fencing procedures that ensure its gas pipeline business is ring fenced from its power generation business in the Pilbara;
  • prevent the disclosure of any confidential information about its pipeline customers to the power generation business in the Pilbara without customer consent. This will include IT measures that prevent inadvertent access to confidential information;
  • provide some flexibility on delivery points (detailed in the Deed Poll section 4(a)(i)) if requested by the customer in any new contract for firm transportation on the PPS, or in respect of a new firm transport service under an existing contract on the PPS. ‘New’ means post 1 November 2023 (see Deed Poll section 4(b) for exemptions); and
  • offer ‘postage stamp’ pricing for a firm transport service (see Deed poll section 4(a)(ii) for details and exemptions).

APA’s undertaking to customers of the GGP

The Deed Poll offers an undertaking to all existing and future gas pipeline customers on the Goldfields Gas Pipeline (GGP) that APA will:

  • comply with ring fencing procedures that ensure its gas pipeline business is ring fenced from its power generation business in the Pilbara; and
  • prevent the disclosure of any confidential information about its pipeline customers to the power generation business in the Pilbara without customer consent. This will include IT measures that prevent inadvertent access;

What is a deed poll

A deed poll is a legally binding agreement given by one party, where the beneficiaries of the agreement do not have to enter into the agreement to obtain the benefit offered under the agreement.  In this case, APA has made a legally binding commitment to a category of customers, being current and future customers of its gas transmission business in the Pilbara.  This deed poll is effective for 15 years from 1 November 2023, or until there is a ‘universal’ ring fencing arrangement legislated.     

Annual independent review

As part of its commitments, APA has undertaken each year to:

  • conduct an annual review of its compliance with its commitments under the Deed Poll; and
  • prepare and publish a report that outlines the findings of the annual review.

APA will also appoint an independent person to work with APA on the form of this review and to validate the findings of the review.  Further detail on the role of the independent person is in the Deed Poll.