163Restrictions on access determinations

163 Restrictions on access determinations

163 Restrictions on access determinations

(1) An access determination must not have any of the following effects—

(a) preventing a user from obtaining a sufficient amount of a pipeline service under a contract or previous access determination to be able to meet the user’s reasonably anticipated requirements, measured at the time the access dispute was notified;

(b) preventing a user or prospective user from obtaining, by the exercise of a pre-notification right, a sufficient amount of a pipeline service to be able to meet the user’s or prospective user’s actual requirements;

(c) depriving a person of a relevant protected contractual right.

(2) In this section—

pre-notification right means a right under a contract, or under an access determination, that was in force at the time when the access dispute was notified under section 152;

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 right under a contract (other than a relevant exclusivity right) that was in force immediately before the notification of an access dispute under section 152.

s 163: Subst 2022 No 21, sec 75.