Mr Ripper said position had to be advertised because there was no provision in the legislation to automatically extend the appointment of Dr Ken Michael, whose term expired on June 1.
"It is a significant flaw in the Gas Pipelines Access Act 1998 that there is no scope to automatically extend Dr Michael's appointment, particularly while he is dealing with important issues such as determining the access price for the Dampier to Bunbury natural gas pipeline," he said.
"While the position will be advertised, Dr Michael has agreed to continue in the role in an acting capacity to ensure continuity of decision-making.
"Dr Michael has made, and will continue to make, an important contribution to a regulatory environment which encourages competition in the natural gas industry."
However it is too early for the executives at Epic and CMS - two of the companies suing OFFGAR (Office of Gas Regulation) over its actions - to pop the champagne corks.
Dr Michael told EnergyReview.net that he would reapply for the position and it was his intention to see the issues through. "So hopefully I will be considered for the position," he said.
Prior to his appointment in 1999, Dr Michaels served as acting independent rail access regulator, and previously served as public service commissioner and Main Roads commissioner.
The Government has foreshadowed that the position of gas regulator will be subsumed in 2003 by an independent economic regulation authority - responsible for the electricity, gas, water and rail industries.
