sec.163Restrictions on access determinations

sec.163 Restrictions on access determinations

An access determination must not have any of the following effects: preventing a user from obtaining a sufficient amount of a pipeline service under a contract or previous access determination to be able to meet the user’s reasonably anticipated requirements, measured at the time the access dispute was notified; preventing a user or prospective user from obtaining, by the exercise of a pre-notification right, a sufficient amount of a pipeline service to be able to meet the user’s or prospective user’s actual requirements; depriving a person of a relevant protected contractual right. In this section— pre-notification right means a right under a contract, or under an access determination, that was in force at the time when the access dispute was notified under section 152 ; 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 a right under a contract (other than a relevant exclusivity right) that was in force immediately before the notification of an access dispute under section 152 . s 163 sub 2022 No. 21 (SA) s 75 (sec.163-ssec.1) An access determination must not have any of the following effects: preventing a user from obtaining a sufficient amount of a pipeline service under a contract or previous access determination to be able to meet the user’s reasonably anticipated requirements, measured at the time the access dispute was notified; preventing a user or prospective user from obtaining, by the exercise of a pre-notification right, a sufficient amount of a pipeline service to be able to meet the user’s or prospective user’s actual requirements; depriving a person of a relevant protected contractual right. (sec.163-ssec.2) In this section— pre-notification right means a right under a contract, or under an access determination, that was in force at the time when the access dispute was notified under section 152 ; 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 a right under a contract (other than a relevant exclusivity right) that was in force immediately before the notification of an access dispute under section 152 .