Double compensation
19 Double compensation
A contract or access determination (including a contract or access determination in force at the time that this section comes into operation) does not have effect to the extent to which it would otherwise provide compensation (whether or not expressly and whether in whole or in part) for —
a relevant effect on a PIA pipeline’s capacity, operations or maintenance; or
a cost incurred by a gas consumer, an operator of a Part 4 pipeline or an operator of a gas storage facility as a result of being delivered gas that does not comply with the relevant gas quality specification for the consumer or operator; or
a loss of capacity of a gas storage facility resulting from the operator of the facility being delivered gas that does not comply with the relevant gas quality specification for the operator,
that is provided for under a pipeline impact agreement or this Part, or that, although there is a pipeline impact agreement in relation to the relevant effect referred to in paragraph (a), is not provided for under the agreement, but would ordinarily be provided for under such an agreement.
Subsection (1) does not apply to a pipeline impact agreement or a contract entered into under or for the purposes of a pipeline impact agreement or this Part.
Without limiting the ways in which a contract or an access determination could otherwise provide compensation it could do so by increasing a liability (including costs and tariffs) or reducing a benefit otherwise provided for by the contract.
In this section, a reference to providing compensation for an effect, cost or loss referred to in subsection (1) includes a reference to effecting recovery for, and to dealing with, the effect, cost or loss.
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