QLDIn ForceAct
National Gas (Queensland) Act 2008
sec.14Actions in relation to cross boundary pipelines
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### sec.14 Actions in relation to cross boundary pipelines
If a pipeline is a cross boundary pipeline, any action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated—
by, or in relation to, a relevant Minister; or
by the Court within the meaning of that legislation in relation to action taken by, or in relation to, a relevant Minister;
is taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated ( that other legislation )—
by, or in relation to, a relevant Minister within the meaning of that other legislation; or
by the Court within the meaning of that other legislation;
as the case requires.
Despite subsection (1) , no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.
A reference in this section—
to an action that is taken includes a reference to—
a decision or determination that is made; or
an omission that is made; and
to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.
In this section—
cross boundary pipeline means—
a cross boundary transmission pipeline; or
a cross boundary distribution pipeline.
(sec.14-ssec.1) If a pipeline is a cross boundary pipeline, any action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated— by, or in relation to, a relevant Minister; or by the Court within the meaning of that legislation in relation to action taken by, or in relation to, a relevant Minister; is taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated ( that other legislation )— by, or in relation to, a relevant Minister within the meaning of that other legislation; or by the Court within the meaning of that other legislation; as the case requires.
(sec.14-ssec.2) Despite subsection (1) , no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.
(sec.14-ssec.3) A reference in this section— to an action that is taken includes a reference to— a decision or determination that is made; or an omission that is made; and to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.
(sec.14-ssec.4) In this section— cross boundary pipeline means— a cross boundary transmission pipeline; or a cross boundary distribution pipeline.
- (a) by, or in relation to, a relevant Minister; or
- (b) by the Court within the meaning of that legislation in relation to action taken by, or in relation to, a relevant Minister;
- (c) by, or in relation to, a relevant Minister within the meaning of that other legislation; or
- (d) by the Court within the meaning of that other legislation;
- (a) to an action that is taken includes a reference to— (i) a decision or determination that is made; or (ii) an omission that is made; and
- (i) a decision or determination that is made; or
- (ii) an omission that is made; and
- (b) to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.
- (i) a decision or determination that is made; or
- (ii) an omission that is made; and
- (a) a cross boundary transmission pipeline; or
- (b) a cross boundary distribution pipeline.