114Protection of certain pre-existing contractual rights

114 Protection of certain pre-existing contractual rights

114 Protection of certain pre-existing contractual rights

(1) An applicable access arrangement must not have the effect of depriving a person of a relevant protected contractual right.

(2) In this section—

relevant exclusivity right means an express contractual right that arose on or after 30 March 1995 that—

(a) prevents a service provider supplying pipeline services to persons who are not parties to the contract; or

(b) limits or controls a service provider’s ability to supply pipeline services to persons who are not parties to the contract,

but does not include a user’s contractual right to obtain a certain amount of pipeline services;

relevant protected contractual right means—

(a) in the case of an applicable access arrangement approved under an applicable access arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before that access arrangement was submitted for approval under this Law; or

(b) in the case of an applicable access arrangement made under an applicable access arrangement decision because—

(i) an access arrangement was not submitted for approval as required under section 113—a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which an access arrangement was required to be submitted for approval; or

(ii) an access arrangement was not approved under an applicable access arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which that access arrangement was submitted for approval.

s 114: Subst 2022 No 21, sec 52.