sch.3-sec.10Pending relevant Minister decisions in relation to coverage that are reviewed under old scheme

sch.3-sec.10 Pending relevant Minister decisions in relation to coverage that are reviewed under old scheme

This clause applies if— an old scheme relevant Minister makes a determination under section 1.13 of the Gas Code in accordance with clause 9; and an application is made under section 38 of the old access law for a review of the determination of the old scheme relevant Minister. If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the determination of the old scheme relevant Minister is deemed to be, on the day the determination of the relevant appeals body takes effect— if the determination is that the pipeline is covered—a coverage determination; if the determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99. If on the review the relevant appeals body makes a determination under section 38 of the old access law affirming or varying the determination of the old scheme relevant Minister, that determination (as affirmed or varied) is deemed to be, on the day the order of the relevant appeals body affirming or varying that determination takes effect— if the effect of that determination is that the pipeline is covered—a coverage determination; if the effect of that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99. If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the Minister must make a determination under clause 9. If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and that is to operate in place of the determination of the old scheme relevant Minister, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect— if that determination is that the pipeline is covered—a coverage determination; if that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99. (sch.3-sec.10-ssec.1) This clause applies if— an old scheme relevant Minister makes a determination under section 1.13 of the Gas Code in accordance with clause 9; and an application is made under section 38 of the old access law for a review of the determination of the old scheme relevant Minister. (sch.3-sec.10-ssec.2) If on the review the relevant appeals body refuses to review the determination in accordance with section 38 (11) of the old access law, the determination of the old scheme relevant Minister is deemed to be, on the day the determination of the relevant appeals body takes effect— if the determination is that the pipeline is covered—a coverage determination; if the determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99. (sch.3-sec.10-ssec.3) If on the review the relevant appeals body makes a determination under section 38 of the old access law affirming or varying the determination of the old scheme relevant Minister, that determination (as affirmed or varied) is deemed to be, on the day the order of the relevant appeals body affirming or varying that determination takes effect— if the effect of that determination is that the pipeline is covered—a coverage determination; if the effect of that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99. (sch.3-sec.10-ssec.4) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and remits the matter to the old scheme relevant Minister for the Minister to make a determination again in respect of the matter, the Minister must make a determination under clause 9. (sch.3-sec.10-ssec.5) If on the review the relevant appeals body makes a determination under section 38 of the old access law that sets aside the determination of the old scheme relevant Minister and that is to operate in place of the determination of the old scheme relevant Minister, the determination of the relevant appeals body is deemed to be, on the day that determination takes effect— if that determination is that the pipeline is covered—a coverage determination; if that determination is that the pipeline is not covered—a decision not to make a coverage determination under section 99.