Div 5Reservoir access

Division 5—Reservoir access 79—Access to natural reservoir (1) If— (a) there is a natural reservoir in the area of a licence that is, in the Minister's opinion, suitable for use for the storage of a regulated substance; and (b) a person (the applicant) who is not the holder of the relevant licence seeks access to the natural reservoir for the storage of a regulated substance; and (c) the applicant, after making reasonable attempts to do so, fails to reach agreement with the licensee on terms and conditions of access to and use of the natural reservoir, the Minister may, by notice in writing given to the applicant and the holder of the licence, determine terms and conditions (which the Minister considers to be fair and reasonable commercial terms) on which the applicant is to be entitled to access to and use of the reservoir. (2) In considering whether to make a determination under this section and, if so, the terms and conditions of the determination, the Minister must have regard to— (a) the legitimate business interests of the licensee; and (b) the public interest including the public interest in facilitating competition in markets; and (c) the interests of persons other than the immediate parties to the determination that might be affected by the determination; and (d) the operational requirements for the safe, efficient and reliable use of the natural reservoir; and (e) any other matters the Minister considers relevant. (3) Before making a determination under this section, the Minister must give the interested parties a reasonable opportunity to comment on the proposed determination. (4) A determination under this section is binding on the holder of the licence and the applicant. (5) Access may be granted on terms under which the person to whom the right of access is granted is required to take out a licence for the purpose of exercising the right of access arising under the determination. (6) A party to a determination under this section may appeal against the determination to the Supreme Court. (7) On an appeal under this section— (a) the Court may confirm the Minister's determination; or (b) the Court may cancel the Minister's determination if satisfied that it is not fair and reasonable that the applicant should have access to the natural reservoir; or (c) the Court may vary the terms and conditions of the determination as the Court considers fair and reasonable. (8) The Court may make incidental and ancillary orders (including orders for costs).