Gas Industry Act 2019
19Exclusive franchise
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19 Exclusive franchise
(1) The Governor may, by order published in the Gazette, determine that a person has an exclusive franchise to carry out –
(a) a gas infrastructure activity specified in the order; or
(b) a gas infrastructure activity, specified in the order, in relation to an area of land specified in the order.
(2) An order may only declare that a person has an exclusive franchise to carry out a gas infrastructure activity, or a gas infrastructure activity, specified in the order, in relation to an area of land specified in the order, if there is no other licence in respect of both the same gas infrastructure activity, and the same area of land, as the activity and area to which the order relates.
(3) The franchise may be expressed to be exclusive to the extent that is specified in the order.
(4) An order that declares a person to have an exclusive franchise in relation to a gas infrastructure activity may specify that the person also has an exclusive franchise in relation to gas retailing, to the extent necessary or desirable to ensure the commercial viability of the exclusive franchise in relation to a gas infrastructure activity.
(5) The order –
(a) is to specify the person to whom the exclusive franchise is, if a licence is granted to the person in relation to the gas infrastructure activity, to be granted; and
(b) is to specify the area of land within which the exclusive franchise applies; and
(c) is to specify the period of the exclusive franchise; and
(d) is to contain any other conditions which the Minister requires the Regulator to include in the licence referred to in paragraph (a) , if any, under which the exclusive franchise is to be granted.
(6) The Regulator must exercise its powers under this Act, including but not limited to the power to grant or renew a licence, so as to give effect to the order, if the licence may, in accordance with Division 2 of Part 3 , be granted to the person or renewed, as the case may be.
(7) The Minister may require the payment of a fee for the grant of an exclusive franchise and may direct the Regulator not to grant the proposed licence until the fee is paid.