Gas Industry Act 2019

A gas infrastructure licensee may, by notice in writing, apply to the Regulator for authority – to cease to carry out a gas infrastructure activity, specified in the application, that is authorised by the licence to be carried out; or to cease to carry out in an area of land a gas infrastructure activity authorised by the licence to be carried out.

An application under subsection (1) in relation to a gas infrastructure activity is to be made to the Regulator – at least 6 months before a cessation notice in relation to the application is to take effect; or not before the beginning of a longer period, before the licensee is to cease to carry out the activity, or to cease to carry out the activity in relation to the area of land, that is specified in a condition of the licence as the period of notice required in relation to a cessation notice.

The Regulator may, by agreement with the licensee, shorten the period of notice referred to in subsection (2).

The Regulator may, after receiving from a licensee an application under subsection (1), by notice to the licensee (a cessation notice), authorise the licensee – to cease to carry out a gas infrastructure activity, specified in the application, that is authorised by the licence; or to cease to carry out on an area of land a gas infrastructure activity authorised by the licence.

The Regulator may issue a cessation notice to which an application under subsection (1) relates on any condition tht the Regulator thinks fit, including, but not limited to including, a condition – that the applicant pay any monetary obligations incurred before the cessation notice was issued; or that the applicant provide the Regulator with information that should have been, but has not been, provided before the cessation notice was issued.

A cessation notice given under subsection (4) takes effect from the date specified by the Regulator in the notice as the date on which the notice is to take effect.

Notice of a cessation notice (including the written notice given under subsection (1)), is to be published in the Gazette or in another manner that the Regulator considers appropriate.

If the Regulator issues a cessation notice under subsection (4) in relation to an activity, the Regulator, under section 31, is to do one or more of the following:vary, revoke or add to those terms and conditions of the licence of the person as required to ensure that the carrying out of the activity ceases to be authorised under the licence; vary, revoke or add to the terms and conditions of another licence held by the licence holder, as may be necessary to ensure that the carrying out of operations and business under each of the licences is adequately separate from the carrying out of operations and business under each of the other licences.

If a cessation notice authorises a licensee to cease to carry out on an area of land a gas infrastructure activity authorised by the licence, the licence continues in respect of the remainder of the licence area subject to any variation or revocation of its terms or conditions that is made by the Regulator under section 31.