115QPipelines

115Q Pipelines

(1) If former PGC property includes a pipeline or part of a pipeline (the transferred pipeline) to which a permit or licence under the Pipelines Act 1967 applies, on the relevant date in relation to the relevant allocation statement—

(a) the PGC transferee is deemed to be the holder of a permit under that Act to own and use, and a licence under that Act to operate, the transferred pipeline on the same terms and conditions (with such amendments as are necessary for their application to the transferred pipeline) and for the same period as those applicable to the PGC; and

(b) any permits or licences relating wholly or in part to the transferred pipeline held by the PGC under that Act are, by force of this section, varied or cancelled to the extent necessary as a result of paragraph (a).

(2) As soon as practicable after the relevant date in relation to the relevant allocation statement, the Minister—

(a) must issue to the PGC transferee permit and licence documents that comply with subsection (1)(a); and

(b) must vary or cancel permit and licence documents, or issue permit and licence documents, so that the PGC has permit and licence documents that comply with subsection (1).

(3) Subject to subsection (4), the Pipelines Act 1967 does not apply to—

(a) a permit or licence referred to in subsection (1)(a); or

(b) the issue, under subsection (2), of a permit or licence document; or

(c) the cancellation of a permit or licence by force of subsection (1)(b).

(4) The Pipelines Act 1967 applies on and from the relevant date to—

(a) the renewal, transfer, amendment or cancellation of a permit or licence referred to in subsection (1)(a), and to any new permit or licence issued on or after the expiry of that permit or licence; and

(b) the renewal, transfer, amendment or cancellation of a permit or licence referred to in subsection (3) and to any new permit or licence issued on or after the expiry of that permit or licence; and

(c) the transfer of an interest in the transferred pipeline, other than a transfer under this Part; and

(d) the construction, reconstruction, alteration, repair, maintenance, operation and use of the transferred pipeline.

(5) Despite subsection (4), nothing in the Pipelines Act 1967 requires a gas company to be the holder of a permit or licence under that Act by reason only of using a pipeline that the gas company does not own or construct.

Pt 13B
(Heading and ss 115R, 115S)