GAS NETWORK CODE
61A. In this Part, unless the context otherwise requires ––
“designated gas transporter” means a gas transporter declared by the Authority, by notification in the Gazette, to be a designated gas transporter for the purposes of this Part;
“gas” means natural gas;
“gas pipeline network” means any gas pipeline network which is used by the designated gas transporter for the conveyance of gas from any onshore receiving facility;
“relevant gas shipper” means a gas shipper who ships gas by means of a gas pipeline network.
—(1) The Authority shall issue a Gas Network Code for the use and operation of a gas pipeline network, which shall include the following:
the governing of arrangements between the designated gas transporter and the relevant gas shippers for the purpose of enabling or ensuring that —
no person is prevented from gaining access to the gas pipeline network; and
there is no undue discrimination for or against —
the designated gas transporter; or
any person’s access to the gas pipeline network;
the governing of the activities of the designated gas transporter and the relevant gas shippers;
the establishing and governing of the principles and methodologies relating to the operation of the gas pipeline network; and
the establishing and governing of the charges payable by, and other liabilities to be discharged by, the designated gas transporter and the relevant gas shippers.
(2) The designated gas transporter —
may modify the Gas Network Code in such manner as is provided in the Gas Network Code; and
shall modify the Gas Network Code if directed to do so by the Authority.
(3) Any modification to the Gas Network Code under subsection (2) is subject to approval by the Authority, which approval shall be granted unless the Authority determines that the modification —
being a modification made under subsection (2)(a) —
prevents any person from gaining access to any gas pipeline network; or
unduly discriminates in favour of or against —
the designated gas transporter; or
any person’s access to the gas pipeline network; or
is inconsistent with any function or duty of the Authority under section 3(3).
(4) The Gas Network Code issued or modified in accordance with this section shall be published by the designated gas transporter in such manner as will secure adequate publicity.
(5) The designated gas transporter or any relevant gas shipper shall not do any thing which, or shall not omit to do any thing the omission of which, has or is likely to have an adverse effect on or compromise —
the safety or efficiency (including economic efficiency) of a gas pipeline network or any of its operations; or
the security or reliability of the conveyance of gas by means of a gas pipeline network.
(6) The Gas Network Code shall be deemed not to be subsidiary legislation.
—(1) The designated gas transporter shall devise such tests or trials as are required for the implementation of a Gas Network Code proposed to be issued by the Authority under section 61B.
(2) The designated gas transporter and every relevant gas shipper shall participate in any test or trial devised under subsection (1).
—(1) The Gas Network Code shall be deemed to be, and shall operate as, a binding contract between the designated gas transporter and each relevant gas shipper.
(2) The designated gas transporter and each relevant gas shipper shall be deemed to have agreed to observe and perform the provisions of the Gas Network Code as far as they are applicable to the designated gas transporter or the relevant gas shipper, as the case may be.
—(1) If the Gas Network Code —
regulates the manner in which disputes under the Gas Network Code are to be resolved; and
restricts recourse to the courts until such time as the dispute resolution process in the Gas Network Code has been exhausted,
recourse to the courts shall be limited in accordance with the Gas Network Code except in relation to matters of law and jurisdiction.
(2) Nothing in this section shall be construed as —
sanctioning the absolute limitation of appeals to the courts except in relation to matters of facts; or
limiting the right of any person to seek interim injunctive relief from the courts.
—(1) The Authority may, on an application by any relevant gas shipper, direct any relevant direct access customer to do or not to do such things, including to pay to the relevant gas shipper such charges, as may be determined by the Authority —
in relation to any obligation or liability of the relevant gas shipper under the Gas Network Code; and
for the purpose of ensuring the security or reliability of the conveyance of gas by the designated gas transporter.
(2) An application under subsection (1) shall be made in such form and manner as the Authority may determine and shall be accompanied by such information and documents as the Authority may require.
(3) Any person who fails to comply with any direction given by the Authority under subsection (1) shall be guilty of an offence.
(4) In this section, “relevant direct access customer” means any direct access customer to whose premises a relevant gas shipper ships gas.