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s 12

Injunctions

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Part 2Gas quality and capacity of PIA pipelines

12 Injunctions

(1)

If, on the application of the operator of a PIA pipeline, the Supreme Court is satisfied that a gas producer has engaged, is engaging or is proposing to engage in conduct that constitutes a failure to comply with section 6(1), the Court may grant an injunction, on such terms as the Court thinks appropriate —

(a)

restraining the gas producer from engaging in the conduct; or

(b)

if the conduct involves refusing or failing to do something — requiring the gas producer to do the thing.

(2)

The Court may grant an injunction by consent of all of the parties to the proceedings, whether or not the Court is satisfied as to the matters in subsection (1).

(3)

The Court may grant an interim injunction pending determination of an application under subsection (1).

(4)

The power of the Court to grant an injunction restraining a gas producer from engaging in conduct may be exercised whether or not —

(a)

it appears to the Court that the gas producer intends to engage again, or to continue to engage, in conduct of that kind; or

(b)

the gas producer has previously engaged in conduct of that kind; or

(c)

there is an imminent danger of substantial damage to any person if the gas producer engages in conduct of that kind.

(5)

The power of the Court to grant an injunction requiring a gas producer to do a thing may be exercised whether or not —

(a)

it appears to the Court that the gas producer intends to refuse or fail again, or to continue to refuse or fail, to do that thing; or

(b)

the gas producer has previously refused or failed to do that thing; or

(c)

there is an imminent danger of substantial damage to any person if the gas producer refuses or fails to do that thing.

(6)

The Court may discharge or vary an injunction granted under this section.

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