sch.3-sec.16Pending relevant Minister decisions in relation to coverage revocation under old scheme

sch.3-sec.16 Pending relevant Minister decisions in relation to coverage revocation under old scheme

This clause applies if— an old scheme relevant Minister has received a recommendation of the NCC under section 1.29 of the Gas Code before the commencement day but the old scheme relevant Minister has not made a determination under section 1.34 of the Gas Code in relation to that recommendation before that day; or an old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 15 after the commencement day. On and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law or Gas Code, make a determination under section 1.34 of the Gas Code in relation to that recommendation as if the old access law and Gas Code continued to apply. A determination made in accordance with subclause (2) is deemed to be, on the relevant transition date— if the determination is that coverage of the covered pipeline is revoked—a coverage revocation determination; if the determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106. In this clause— relevant transition date means, if an application is not made under section 38 of the old access law for a review of the determination within the time specified by that section—the day after the last day an application could have been made under that section. (sch.3-sec.16-ssec.1) This clause applies if— an old scheme relevant Minister has received a recommendation of the NCC under section 1.29 of the Gas Code before the commencement day but the old scheme relevant Minister has not made a determination under section 1.34 of the Gas Code in relation to that recommendation before that day; or an old scheme relevant Minister receives a recommendation of the NCC as provided for under clause 15 after the commencement day. (sch.3-sec.16-ssec.2) On and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law or Gas Code, make a determination under section 1.34 of the Gas Code in relation to that recommendation as if the old access law and Gas Code continued to apply. (sch.3-sec.16-ssec.3) A determination made in accordance with subclause (2) is deemed to be, on the relevant transition date— if the determination is that coverage of the covered pipeline is revoked—a coverage revocation determination; if the determination is that coverage of the covered pipeline is not revoked—a decision not to make a coverage revocation determination under section 106. (sch.3-sec.16-ssec.4) In this clause— relevant transition date means, if an application is not made under section 38 of the old access law for a review of the determination within the time specified by that section—the day after the last day an application could have been made under that section.