Australian Capital Territory Repealed Acts

This legislation has been repealed.

GAS ACT 1992 - SECT 36

36. (1) The Minister shall, on receipt of an application, by instrument—

        (a)     grant an authorisation to reticulate gas in the Territory—

              (i)     during the period, being not less than 20 years; and

              (ii)     subject to the conditions, if any;

specified in the instrument; or

        (b)     refuse to grant an authorisation.

(2) The Minister may only grant an authorisation for a period of less than 20 years in order to ensure the continued supply of gas to consumers during any period when disruption to that supply is otherwise likely to occur.

(3) The Minister shall not grant an authorisation unless he or she has—

        (a)     consulted with the Authority on the question of whether the authorisation should be granted;

        (b)     caused to be published in a daily newspaper circulating in the Territory notice of the proposal to grant the authorisation specifying the reasons for the proposed grant and inviting submissions in relation to the proposal to be made on or before the day (being a day not less than 3 months after the day of publication of the notice) specified in the notice; and

        (c)     considered any submissions received on or before the day so specified.

(4) If the Minister refuses to grant an authorisation, the Minister shall, within 15 sitting days after the refusal, lay before the Legislative Assembly a statement setting out his or her reasons for the refusal.

(5) By virtue of the operation of this subsection, AGL Canberra Limited is granted an authorisation to reticulate gas in the Territory—

(a)     for a period of 20 years beginning on the day on which this subsection commences; and

(b)     subject to such conditions as the Minister may, by instrument, determine.

(6) An instrument under paragraph (1) (a) or (5) (b) is a disallowable instrument for the purposes of section 10 of the Subordinate Laws Act 1989 .