sch.3-sec.9Pending relevant Minister decisions in relation to coverage under old scheme

sch.3-sec.9 Pending relevant Minister decisions in relation to coverage under old scheme

This clause applies if— an old scheme relevant Minister has received a recommendation of the NCC under section 1.7 of the Gas Code before the commencement day but the old scheme relevant Minister has not made a determination under section 1.13 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 8 on or after the commencement day. On and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law and Gas Code, make a determination under section 1.13 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 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. 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.9-ssec.1) This clause applies if— an old scheme relevant Minister has received a recommendation of the NCC under section 1.7 of the Gas Code before the commencement day but the old scheme relevant Minister has not made a determination under section 1.13 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 8 on or after the commencement day. (sch.3-sec.9-ssec.2) On and after the commencement day, the old scheme relevant Minister must, despite the repeal of the old access law and Gas Code, make a determination under section 1.13 of the Gas Code in relation to that recommendation as if the old access law and Gas Code continued to apply. (sch.3-sec.9-ssec.3) A determination made in accordance with subclause (2) is deemed to be, on the relevant transition date— 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.9-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.

• (a) an old scheme relevant Minister has received a recommendation of the NCC under section 1.7 of the Gas Code before the commencement day but the old scheme relevant Minister has not made a determination under section 1.13 of the Gas Code in relation to that recommendation before that day; or