sec.18Transitional regulation-making power for particular pipelines

### sec.18 Transitional regulation-making power for particular pipelines A regulation (a transitional regulation ) may make provision of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the change from the operation of the repealed Act to the operation of this Act in relation to a transition pipeline. Without limiting subsection (1), a transitional regulation may for example provide for any of the following— whether, and to what extent, an approved tariff arrangement for a transition pipeline may be taken to continue to apply to the pipeline; whether, and to what extent, a transition pipeline is taken to be a covered pipeline or a pipeline that is not a covered pipeline; whether an application may be made for a coverage determination in relation to a transition pipeline that, under the transitional regulation, is taken not to be a covered pipeline; whether a transition pipeline that, under the transitional regulation, is taken to be a covered pipeline, is taken to be a distribution pipeline or a transmission pipeline; whether the services provided by means of a transition pipeline are taken to be the subject of a light regulation determination; the terms of any limited access arrangement that is taken to apply in relation to services that are taken to be the subject of a light regulation determination; whether services that are taken to be the subject of a light regulation determination can be made the subject of a full access arrangement. A transitional regulation may be made to have effect in relation to a transition pipeline only for the period during which the approved tariff arrangement for the pipeline would, other than for the repeal of the repealed Act, have been in force. A transitional regulation may have retrospective operation to a day not earlier than the commencement. A transitional regulation must declare it is a transitional regulation. A transitional regulation expires 3 years after the day the regulation commences. The Acts Interpretation Act 1954 , section 20A, as applied by the Statutory Instruments Act 1992 , section 14, applies in relation to the expiry. In this section— approved tariff arrangement , for a transition pipeline, means the tariff arrangement approved for the pipeline, under the repealed Gas Pipelines Access (Queensland) Act 1998 , section 58 (2) . commencement means the commencement of this section. repealed Act means the repealed Gas Pipelines Access (Queensland) Act 1998 , and includes the repealed Gas Pipelines Access (Queensland) Law and the repealed Gas Pipelines Access (Queensland) Regulations. this Act includes the National Gas (Queensland) Law and the National Gas (Queensland) Regulations . transition pipeline means a pipeline described in the following table— Pipeline licence number Common name of pipeline Where pipeline starts and ends 24 South West Queensland Pipeline Ballera to Wallumbilla 30 Queensland Gas Pipeline Wallumbilla to Rockhampton 41 Carpentaria Gas Pipeline Ballera to Mt Isa (sec.18-ssec.1) A regulation (a transitional regulation ) may make provision of a saving or transitional nature for which it is necessary to make provision to allow or facilitate the change from the operation of the repealed Act to the operation of this Act in relation to a transition pipeline. (sec.18-ssec.2) Without limiting subsection (1), a transitional regulation may for example provide for any of the following— whether, and to what extent, an approved tariff arrangement for a transition pipeline may be taken to continue to apply to the pipeline; whether, and to what extent, a transition pipeline is taken to be a covered pipeline or a pipeline that is not a covered pipeline; whether an application may be made for a coverage determination in relation to a transition pipeline that, under the transitional regulation, is taken not to be a covered pipeline; whether a transition pipeline that, under the transitional regulation, is taken to be a covered pipeline, is taken to be a distribution pipeline or a transmission pipeline; whether the services provided by means of a transition pipeline are taken to be the subject of a light regulation determination; the terms of any limited access arrangement that is taken to apply in relation to services that are taken to be the subject of a light regulation determination; whether services that are taken to be the subject of a light regulation determination can be made the subject of a full access arrangement. (sec.18-ssec.3) A transitional regulation may be made to have effect in relation to a transition pipeline only for the period during which the approved tariff arrangement for the pipeline would, other than for the repeal of the repealed Act, have been in force. (sec.18-ssec.4) A transitional regulation may have retrospective operation to a day not earlier than the commencement. (sec.18-ssec.5) A transitional regulation must declare it is a transitional regulation. (sec.18-ssec.6) A transitional regulation expires 3 years after the day the regulation commences. (sec.18-ssec.7) The Acts Interpretation Act 1954 , section 20A, as applied by the Statutory Instruments Act 1992 , section 14, applies in relation to the expiry. (sec.18-ssec.8) In this section— approved tariff arrangement , for a transition pipeline, means the tariff arrangement approved for the pipeline, under the repealed Gas Pipelines Access (Queensland) Act 1998 , section 58 (2) . commencement means the commencement of this section. repealed Act means the repealed Gas Pipelines Access (Queensland) Act 1998 , and includes the repealed Gas Pipelines Access (Queensland) Law and the repealed Gas Pipelines Access (Queensland) Regulations. this Act includes the National Gas (Queensland) Law and the National Gas (Queensland) Regulations . transition pipeline means a pipeline described in the following table— Pipeline licence number Common name of pipeline Where pipeline starts and ends 24 South West Queensland Pipeline Ballera to Wallumbilla 30 Queensland Gas Pipeline Wallumbilla to Rockhampton 41 Carpentaria Gas Pipeline Ballera to Mt Isa - (a) whether, and to what extent, an approved tariff arrangement for a transition pipeline may be taken to continue to apply to the pipeline; - (b) whether, and to what extent, a transition pipeline is taken to be a covered pipeline or a pipeline that is not a covered pipeline; - (c) whether an application may be made for a coverage determination in relation to a transition pipeline that, under the transitional regulation, is taken not to be a covered pipeline; - (d) whether a transition pipeline that, under the transitional regulation, is taken to be a covered pipeline, is taken to be a distribution pipeline or a transmission pipeline; - (e) whether the services provided by means of a transition pipeline are taken to be the subject of a light regulation determination; - (f) the terms of any limited access arrangement that is taken to apply in relation to services that are taken to be the subject of a light regulation determination; - (g) whether services that are taken to be the subject of a light regulation determination can be made the subject of a full access arrangement.