Victorian Consolidated Legislation

Gas Pipelines Access (Victoria) Act 1998 - SECT 20

Actions in relation to cross-boundary pipelines

20. Actions in relation to cross-boundary pipelines



(1) If a pipeline is a cross-boundary pipeline, any action taken under the gas
pipelines access legislation of a scheme participant in whose jurisdictional
area a part of the pipeline is situated-

   (a)  by, or in relation to, a relevant Minister, or a relevant Regulator,
        within the meaning of that legislation; or

   (b)  by, or in relation to, an arbitrator appointed by a relevant Regulator
        within the meaning of that legislation; or

   (c)  by the Supreme Court, or the relevant appeals body, within the meaning
        of that legislation, in relation to the action taken by, or in
        relation to, a person or body referred to in paragraph (a) or (b)-

is taken also to be action taken under the gas pipelines access legislation of
each other scheme participant in whose jurisdictional area a part of the
pipeline is situated (that other legislation)-

   (d)  by, or in relation to, a relevant Minister, or relevant Regulator,
        within the meaning of that other legislation; or

   (e)  by, or in relation to, an arbitrator appointed by a relevant Regulator
        within the meaning of that other legislation; or

   (f)  by the Supreme Court, or relevant appeals body, within the meaning of
        that other legislation-

as the case requires.

(1A) Despite subsection (1), the Supreme Court does not have jurisdiction to
make a declaration or order about the validity, or affecting the operation, of
a decision of a relevant Minister, relevant Regulator or arbitrator in
relation to a cross-boundary distribution pipeline unless this State has been
determined to be the scheme participant most closely connected to the
pipeline.

(2) In this section-

cross-boundary pipeline means a transmission pipeline, or a distribution
pipeline, that is, or is to be, situated in the jurisdictional areas of 2 or
more scheme participants.

(3) A reference in this section to an action that is taken includes a
reference to a decision that is made.