Actions in relation to cross boundary pipelines
16 Actions in relation to cross boundary pipelines
If a pipeline is a cross boundary pipeline, any action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated—
by, or in relation to, a relevant Minister; or
by the court within the meaning of that legislation in relation to action taken by, or in relation to, a relevant Minister;
is taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated (that other legislation)—
by, or in relation to, a relevant Minister within the meaning of that other legislation; or
by the court within the meaning of that other legislation;
as the case requires.
Despite subsection (1), no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined under the National Gas (ACT) Law to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.
A reference in this section—
to an action that is taken includes a reference to—
a decision or determination that is made; or
an omission that is made; and
to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.
In this section:
cross boundary pipeline means—
a cross boundary transmission pipeline; or
a cross boundary distribution pipeline.
This Act’s bill:Explanatory statementSecond reading speech
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