Critics warn of 'Santos-sized loopholes' in federal gas reservation plan

Draft policy intended to reserve gas for domestic market could allow Gladstone LNG project to largely escape obligation, analysts say

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The Albanese government's draft plan to force gas exporters to set aside up to 20 per cent of production for the domestic market contains loopholes that could allow the Gladstone LNG (GLNG) project, operated by Santos, to largely or totally escape the requirement, critics warn.

The federal government last month released a draft plan aimed at lowering east coast gas prices by requiring exporters to reserve a portion of their output for local buyers. But analysts and industry players say the draft is full of provisions that will allow some exporters to reduce or eliminate their exposure.

They point to the GLNG plant on Curtis Island in Queensland as the exporter most likely to benefit. An ABC investigation found GLNG had exported the equivalent of 20 per cent of eastern Australia's domestic gas demand over the past decade, because the venture built a plant with a capacity of 7.8 million tonnes a year despite not having enough gas of its own to fill it.

By contrast, the other two Queensland LNG projects — operated by Shell and by Origin with ConocoPhillips — have overwhelmingly supplied the local market in net terms.

Paul Farrow, national secretary of the Australian Workers Union, said "Santos-sized loopholes" threatened to undermine the reservation plan. "The government is so close to getting it right," he said. "But the exposure draft, as it stands, contains a bunch of Santos-sized loopholes. That's a major, major worry."

Under the draft policy, the Australian Energy Regulator can reduce an exporter's supply obligation below 20 per cent, and the minister can cut it to zero. Critics say the draft also allows GLNG to count contract extensions as "existing contracts" that are exempt from consideration. This could enable GLNG to extend a supply agreement with South Korea's KOGAS from 2030 for five years. The current deal is for 3.5 million tonnes of LNG a year, equivalent to about 40 per cent of annual east coast gas demand.

Observers also warn the draft will give rise to "take-or-pay" deals allowing Santos to generate paper sales to the domestic market without actually supplying any gas, and say the government has given too much ground to Santos.

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Analysis

Why This Matters

  • Australian industry and consumers could miss out on the benefits of the nation's gas resources if the reservation scheme fails to secure supply for the domestic market.
  • The loopholes could keep east coast gas prices high, affecting manufacturing, energy bills and economic competitiveness.
  • The outcome will test the government's ability to balance energy security, emissions commitments and trade relationships.

Background

Australia's east coast has experienced tight gas supply and high prices in recent years, partly due to the large volumes of gas exported as LNG from three Queensland plants. The federal government's proposed reservation scheme is designed to force exporters to set aside up to 20 per cent of production for domestic buyers. A draft of the legislation was released in September 2026 for consultation, but analysts have identified several provisions that could allow the Santos-operated GLNG project to avoid the obligation.

Key Perspectives

Union and industry critics: Paul Farrow of the Australian Workers Union argues the draft has been watered down compared to earlier versions and contains loopholes that favour GLNG. He says Australian industry and consumers should benefit from the country's gas as a sovereign resource. Government: The Albanese government has not commented directly on the criticism of the draft. The policy allows the energy minister discretion to reduce or eliminate supply obligations, which supporters say provides flexibility to avoid unintended consequences. Santos and GLNG partners: No statement from Santos is included in the reports. However, the company has previously argued that its long-term export contracts are critical to project viability.

What to Watch

  • Whether the government amends the draft to close or tighten the identified loopholes before the legislation is introduced.
  • The outcome of the KOGAS contract extension: if it proceeds under the current draft, it will test the exemption for existing contracts.
  • Reactions from other gas exporters and domestic gas users as the policy progresses through consultation.

Sources

Zotpaper

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