165Access determination must give effect to applicable access arrangement

165 Access determination must give effect to applicable access arrangement

165 Access determination must give effect to applicable access arrangement

(1) This section applies subject to sections 161, 164 and 166 and any Rules made for the purposes of this Part.

(2) In making an access determination for a scheme pipeline access dispute, the dispute resolution body must give effect to the applicable access arrangement (the relevant applicable access arrangement)—

(a) applying to the pipeline services provided, or to be provided, by means of the access dispute pipeline; and

(b) in effect at the time the determination is made.

(3) Subsection (2) applies even though the relevant applicable access arrangement may not have been in force when notice of the access dispute was given.

s 165: Subst 2022 No 21, sec 75.