New South Wales Consolidated Acts

GAS SUPPLY ACT 1996 - SECT 38

38 Determination of applications

(1) The Minister may determine an application for a licence or for the transfer of a licence by granting or transferring the licence (either unconditionally or subject to conditions of the kind referred to in section 40) or by refusing the application.

(2) An application may be refused on any of the following grounds:

(a) that the proposed holder of the licence fails to satisfy such technical or prudential criteria as have been adopted by the Minister to determine whether a person is able to operate a viable business as a licensed distributor,

(b) such grounds as may be prescribed by the regulations,

(c) such grounds as the Minister considers relevant, having regard to the interests of consumers and the need to promote a competitive market for the gas concerned, to prevent misuse of market power and to ensure the security and reliability of the New South Wales supply system for gas (other than natural gas).

(3) The Minister must endeavour to determine an application within 6 months after it is made.