sec.114Protection of certain pre-existing contractual rights

sec.114 Protection of certain pre-existing contractual rights

An applicable access arrangement must not have the effect of depriving a person of a relevant protected contractual right. In this section— relevant exclusivity right means an express contractual right that arose on or after 30 March 1995 that— prevents a service provider supplying pipeline services to persons who are not parties to the contract; or limits or controls a service provider’s ability to supply pipeline services to persons who are not parties to the contract, but does not include a user’s contractual right to obtain a certain amount of pipeline services; relevant protected contractual right means— in the case of an applicable access arrangement approved under an applicable arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before that access arrangement was submitted for approval under this Law; or in the case of an applicable access arrangement made under an applicable arrangement decision because— an access arrangement was not submitted for approval as required under section 113 —a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which an access arrangement was required to be submitted for approval; or an access arrangement was not approved under an applicable arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which that access arrangement was submitted for approval. s 114 sub 2022 No. 21 (SA) s 52 (sec.114-ssec.1) An applicable access arrangement must not have the effect of depriving a person of a relevant protected contractual right. (sec.114-ssec.2) In this section— relevant exclusivity right means an express contractual right that arose on or after 30 March 1995 that— prevents a service provider supplying pipeline services to persons who are not parties to the contract; or limits or controls a service provider’s ability to supply pipeline services to persons who are not parties to the contract, but does not include a user’s contractual right to obtain a certain amount of pipeline services; relevant protected contractual right means— in the case of an applicable access arrangement approved under an applicable arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before that access arrangement was submitted for approval under this Law; or in the case of an applicable access arrangement made under an applicable arrangement decision because— an access arrangement was not submitted for approval as required under section 113 —a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which an access arrangement was required to be submitted for approval; or an access arrangement was not approved under an applicable arrangement decision—a right under a contract (other than a relevant exclusivity right) in force immediately before the date on which that access arrangement was submitted for approval.