152Notice of access dispute

152 Notice of access dispute

152 Notice of access dispute

(1) This section applies if there is an access dispute between a user or prospective user and a service provider.

(2) The user, prospective user or service provider may give a notice in writing to the following entity that the access dispute exists—

(a) for a scheme pipeline access dispute—the dispute resolution body;

(b) for a non-scheme pipeline access dispute—the AER.

(3) A notice given under subsection (2) must—

(a) include information about—

(i) the matters (if any) on which agreement has been reached; and

(ii) the matters that are in dispute; and

(iii) any other matter specified by the Rules; and

(b) be accompanied by—

(i) if an access dispute is a scheme pipeline access dispute—the fee prescribed by the Regulations (if any); or

(ii) if an access dispute is a non-scheme pipeline access dispute—the fee set by the AER from time to time and specified on the AER’s website; and

(c) be given to any other party to any negotiations that gave rise to the dispute as soon as practicable after it is given to the dispute resolution body or AER; and

(d) be dealt with in accordance with the Rules.

(4) The user, prospective user, or service provider may not give a notice under subsection (2) if the dispute relates to a matter excluded from the operation of this Chapter by the Rules.

s 152: Subst 2022 No 21, sec 75.