89Minister may direct licensees and customers

89 Minister may direct licensees and customers

(1)  If the Minister reasonably believes that the supply of gas being conveyed by gas infrastructure –

(a) is, or is likely to be, disrupted; or

(b) is, or is likely to become, insufficient for the reasonable requirements of all customers –

the Minister may do either or both of the following:

(c) by notice to the holder of the licence under which the gas infrastructure is operated, give directions to ensure the most efficient, safe and appropriate use of the available gas;

(d) by notice published in the manner that the Minister thinks appropriate in the circumstances, direct customers not to draw gas from the gas infrastructure otherwise than in accordance with the notice.

(2)  Before a direction is given under subsection (1)  –

(a) the Minister must advise the Regulator of his or her intention to give the direction; and

(b) the Regulator must, as soon as practicable, request the Director of Gas Safety to advise the Regulator whether or not any safety issues are likely to arise from the direction; and

(c) if the Director of Gas Safety is requested to provide advice under paragraph (b)  –

(i) the Director of Gas Safety must provide that advice to the Regulator as soon as practicable; and

(ii) the Regulator must advise the Minister of the details of that advice as soon as practicable after receiving it; and

(d) the Minister must consider any advice provided under paragraph (c)(i) .

(3)  Before giving a licensee a direction under subsection (1) , the Minister must, if it is practicable to do so, give the licensee an opportunity to provide advice about the proposed direction within a period specified in the direction.

(4)  A failure by the Minister to comply with subsection (3) does not invalidate or otherwise affect the direction.