Actions in relation to cross boundary pipelines
16 Actions in relation to cross boundary pipelines
If a pipeline is a cross boundary pipeline, any action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated —
by, or in relation to, a relevant Minister; or
by the Court within the meaning that term has in that legislation in relation to action taken by, or in relation to, a relevant Minister,
is taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated (that other legislation) —
by, or in relation to, a relevant Minister within the meaning that term has in that other legislation; or
by the Court within the meaning that term has in that other legislation,
as the case requires.
Despite subsection (1), no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.
A reference in this section —
to an action that is taken includes a reference to —
a decision or determination that is made; or
an omission that is made;
to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.
In this section —
cross boundary pipeline means —
a cross boundary transmission pipeline; or
a cross boundary distribution pipeline.
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.