4Determination of exclusive franchisee

4 Determination of exclusive franchisee

(1)  It is determined that Powerco Tasmania Pty Ltd (ACN 104 499 569) should have an exclusive franchise to construct and operate a distribution system or systems in Tasmania, the extent of the franchise being as specified below.

(2)  The exclusive franchise extends to the construction and operation of a distribution system or systems to supply natural gas to or for consumption at (in either case whether directly or indirectly) the land described in the titles listed in column 1 (or any immediately adjoining land if that land is owned, used, leased or occupied by the occupier of the first-mentioned land or a related body corporate of that occupier) of –

(a) the table in Part 1 of Schedule 1 (the "Unconditional Franchise"); and

(b) the table in Part 2 of Schedule 1 (with the franchise in respect of each such customer being referred to as a "Conditional Franchise").

(3)  The Unconditional Franchise continues until the first of the following things happens:

(a) the expiration of 7 years from 30 April 2003;

(b) the surrender or cancellation under the Act of any licence issued to the franchisee under the Act which gives effect to the franchise;

(c) the revocation of this order.

(4)  Each Conditional Franchise continues until the first of the following things happens:

(a) the expiration of 7 years from 30 April 2003;

(b) the surrender or cancellation under the Act of any licence issued to the franchisee under the Act which gives effect to the franchise;

(c) the revocation of this order;

(d) the expiration of 18 months from 30 April 2003 if by that time the franchisee has not commissioned a distribution system which is capable of supplying gas in accordance with the Act to the land to which the Conditional Franchise applies.