sec.133Preventing or hindering access

sec.133 Preventing or hindering access

A person who is— a service provider; or a person who— is a party to an agreement with a service provider relating to a pipeline service provided by means of a pipeline; or as a result of an access determination is entitled to a pipeline service provided by means of a pipeline; or an associate of a service provider or a person referred to in paragraph (b) , must not engage in conduct for the purpose of preventing or hindering the access of another person to a pipeline service provided by means of the pipeline. For the purposes of subsection (1) , a person is deemed to engage in conduct for a particular purpose if— the conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and that purpose is or was a substantial purpose. A person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances. Subsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1) . In this section— a reference to engaging in conduct is a reference to doing or refusing to do any act, including the following— refusing to supply a pipeline service; without reasonable grounds, limiting or disrupting a pipeline service; making, or giving effect to a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and a reference to refusing to do an act includes a reference to— refraining (otherwise than inadvertently) from doing that act; or making it known that that act will not be done. Subsection (1) does not apply to conduct engaged in in accordance with an agreement, if the agreement was in force on 30 March 1995. An example of conduct which may be prohibited if the requisite purpose is established is refusing to supply, or limiting or disrupting the supply of, a pipeline service to a user or prospective user for technical or safety reasons without reasonable grounds. s 133 amd 2022 No. 21 (SA) s 58 (sec.133-ssec.1) A person who is— a service provider; or a person who— is a party to an agreement with a service provider relating to a pipeline service provided by means of a pipeline; or as a result of an access determination is entitled to a pipeline service provided by means of a pipeline; or an associate of a service provider or a person referred to in paragraph (b) , must not engage in conduct for the purpose of preventing or hindering the access of another person to a pipeline service provided by means of the pipeline. (sec.133-ssec.2) For the purposes of subsection (1) , a person is deemed to engage in conduct for a particular purpose if— the conduct is or was engaged in for that purpose or for a purpose that includes, or included, that purpose; and that purpose is or was a substantial purpose. (sec.133-ssec.3) A person may be taken to have engaged in conduct for the purpose referred to in subsection (1) even though, after all the evidence has been considered, the existence of that purpose is ascertainable only by inference from the conduct of the person or of any other person or from other relevant circumstances. (sec.133-ssec.4) Subsection (3) does not limit the manner in which the purpose of a person may be established for the purpose of subsection (1) . (sec.133-ssec.5) In this section— a reference to engaging in conduct is a reference to doing or refusing to do any act, including the following— refusing to supply a pipeline service; without reasonable grounds, limiting or disrupting a pipeline service; making, or giving effect to a provision of a contract or arrangement, arriving at, or giving effect to, a provision of an understanding, or requiring the giving of, or giving, a covenant; and a reference to refusing to do an act includes a reference to— refraining (otherwise than inadvertently) from doing that act; or making it known that that act will not be done. (sec.133-ssec.6) Subsection (1) does not apply to conduct engaged in in accordance with an agreement, if the agreement was in force on 30 March 1995. An example of conduct which may be prohibited if the requisite purpose is established is refusing to supply, or limiting or disrupting the supply of, a pipeline service to a user or prospective user for technical or safety reasons without reasonable grounds.