Minister may direct licensees and customers
89 Minister may direct licensees and customers
If the Minister reasonably believes that the supply of gas being conveyed by gas infrastructure – is, or is likely to be, disrupted; or is, or is likely to become, insufficient for the reasonable requirements of all customers – the Minister may do either or both of the following:by notice to the holder of the licence under which the gas infrastructure is operated, give directions to ensure the most efficient, safe and appropriate use of the available gas; by notice published in the manner that the Minister thinks appropriate in the circumstances, direct customers not to draw gas from the gas infrastructure otherwise than in accordance with the notice.
Before a direction is given under subsection (1) – the Minister must advise the Regulator of his or her intention to give the direction; and the Regulator must, as soon as practicable, request the Director of Gas Safety to advise the Regulator whether or not any safety issues are likely to arise from the direction; and if the Director of Gas Safety is requested to provide advice under paragraph (b) – the Director of Gas Safety must provide that advice to the Regulator as soon as practicable; and the Regulator must advise the Minister of the details of that advice as soon as practicable after receiving it; and the Minister must consider any advice provided under paragraph (c)(i).
Before giving a licensee a direction under subsection (1), the Minister must, if it is practicable to do so, give the licensee an opportunity to provide advice about the proposed direction within a period specified in the direction.
A failure by the Minister to comply with subsection (3) does not invalidate or otherwise affect the direction.
A notice under subsection (1)(c) may be given by written notice or, if the Minister is of the opinion that immediate action is required, it may be given orally or by email to an officer of the licensee.
If a notice under subsection (1)(c) is given orally, it must be confirmed in writing as soon as practicable after being given.
A direction under subsection (1) operates for the period, of not more than 30 days, specified in the notice.
The Minister may revoke a direction given under subsection (1) before the end of the period specified in the notice.
No civil liability arises from a failure by a licensee to supply gas as a result of compliance with a direction under this section.
This Act’s bill:Explanatory notesSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.