Meaning of regulatory obligation or requirement

Current

(1)

A regulatory obligation or requirement is—

(a)

in relation to the provision of a pipeline service by a service provider—

(i)

a pipeline safety duty; or

(ii)

a pipeline reliability standard; or

(iii)

a pipeline service standard; or

(b)

an obligation or requirement under—

(i)

this

Law or the Rules; or

(ia)

the

National Energy Retail Law or the National Energy Retail Rules; or

(ii)

Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that levies or imposes a tax or other levy that is payable by a service provider; or

(iii)

Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act, that regulates the use of land in a participating jurisdiction by a service provider; or

(iv)

Act of a participating jurisdiction or any instrument made or issued under or for the purposes of that Act that relates to the protection of the environment; or

(v)

Act of a participating jurisdiction, or any instrument made or issued under or for the purposes of that Act (other than national gas legislation or an Act of a participating jurisdiction or an Act or instrument referred to in subparagraphs (ii) to (iv)), that materially affects the provision, by a service provider, of pipeline services to which an applicable access arrangement applies.

(2)

A regulatory obligation or requirement does not include an obligation or requirement to pay a fine, penalty or compensation—

(a)

for a breach of—

(i)

a pipeline safety duty; or

(ii)

a pipeline reliability standard; or

(iii)

a pipeline service standard; or

(b)

under this Law or the Rules, the National Energy Retail Law or the

National Energy Retail Rules¹ or an Act or an instrument referred to in subsection (1)(b)(ii) to (v).

Notes—

1 See also section 24(2)(b).

2 The

RoLR cost recovery scheme is dealt with under Part 6 of the National

Energy Retail Law.

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6 Meaning of regulatory obligation or requirement