Formation of pipeline impact agreements
8 Formation of pipeline impact agreements
This section applies to the formation of a pipeline impact agreement in respect of the supply of gas that flows or that will flow into a PIA pipeline at an inlet point except to the extent to which the gas producer and the operator of the pipeline (the parties) agree otherwise.
The default procedure provided for in the regulations applies to the formation of a pipeline impact agreement.
If —
the relevant effects on the capacity, operations and maintenance of the pipeline are not in dispute between the parties (which includes that those effects have been determined by an expert under section 9(2)(b)); and
the gas producer proposes that those effects be dealt with by a method prescribed for the purposes of this paragraph,
the default pipeline impact agreement provided for by the regulations in relation to that method becomes the proposed pipeline impact agreement in relation to the supply of the gas.
The proposed pipeline impact agreement referred to in subsection (3) becomes the pipeline impact agreement in respect of the supply of the gas, as if the parties had entered into the agreement, when all matters in the proposed pipeline impact agreement to be resolved by the parties are not in dispute as an access dispute under a Gas Access Law or under section 9.
A dispute between the parties about a matter in the proposed pipeline impact agreement that is provided for by the default pipeline impact agreement cannot be dealt with as an access dispute under a Gas Access Law or under section 9.
For the purposes of subsection (5), a matter is provided for by a default pipeline impact agreement if the matter is set out in the default agreement and the matter is not identified in the agreement as a matter that the parties may resolve.
The regulations may adopt standard form agreements published by the Minister, in accordance with the regulations, for the purposes of this section.
Subsection (7) does not limit section 34(4).
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