sec.185Costs—scheme pipeline access disputes

sec.185 Costs—scheme pipeline access disputes

Each party to a scheme pipeline access dispute is to bear its own costs in a dispute hearing except to the extent that an order under this section specifies otherwise. At any time, the dispute resolution body may order that a party (other than a small shipper) pay all or a specified part of the costs of another party in a dispute hearing. The dispute resolution body may make an order under subsection (2) only if satisfied that it is fair to do so, having regard to— whether a party has conducted the dispute hearing in a way that unnecessarily disadvantaged another party by conduct such as— failing to comply with an order or direction of the dispute resolution body without reasonable excuse; or failing to comply with this Law, the Regulations or the Rules; or asking for an adjournment as a result of subparagraph (i) or (ii) ; or causing an adjournment; or attempting to deceive another party or the dispute resolution body; or vexatiously conducting an access dispute; and whether a party has been responsible for prolonging unreasonably the time taken to complete the dispute hearing; and the relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law; and the nature and complexity of the access dispute; and any other matter the dispute resolution body considers relevant. A party to whom an order made under subsection (2) is directed must comply with the order. If the dispute resolution body considers that the representative of a party, rather than the party, is responsible for conduct described in subsection (3) (a) or (b) , the dispute resolution body may order that the representative in the representative’s own capacity compensate another party for any costs incurred unnecessarily. Before making an order under subsection (5) , the dispute resolution body must give the representative a reasonable opportunity to be heard. A representative of a party to whom an order made under subsection (5) is directed must comply with the order. If the dispute resolution body makes an order for costs before the end of an access dispute, the dispute resolution body may require that the order be complied with before it continues with the proceeding. If the dispute resolution body makes an order for costs, the dispute resolution body may fix the amount of costs itself. This section applies to costs incurred by the parties in a dispute hearing even if the notice of the access dispute to which the dispute hearing relates is withdrawn. s 185 sub 2022 No. 21 (SA) s 75 (sec.185-ssec.1) Each party to a scheme pipeline access dispute is to bear its own costs in a dispute hearing except to the extent that an order under this section specifies otherwise. (sec.185-ssec.2) At any time, the dispute resolution body may order that a party (other than a small shipper) pay all or a specified part of the costs of another party in a dispute hearing. (sec.185-ssec.3) The dispute resolution body may make an order under subsection (2) only if satisfied that it is fair to do so, having regard to— whether a party has conducted the dispute hearing in a way that unnecessarily disadvantaged another party by conduct such as— failing to comply with an order or direction of the dispute resolution body without reasonable excuse; or failing to comply with this Law, the Regulations or the Rules; or asking for an adjournment as a result of subparagraph (i) or (ii) ; or causing an adjournment; or attempting to deceive another party or the dispute resolution body; or vexatiously conducting an access dispute; and whether a party has been responsible for prolonging unreasonably the time taken to complete the dispute hearing; and the relative strengths of the claims made by each of the parties, including whether a party has made a claim that has no tenable basis in fact or law; and the nature and complexity of the access dispute; and any other matter the dispute resolution body considers relevant. (sec.185-ssec.4) A party to whom an order made under subsection (2) is directed must comply with the order. (sec.185-ssec.5) If the dispute resolution body considers that the representative of a party, rather than the party, is responsible for conduct described in subsection (3) (a) or (b) , the dispute resolution body may order that the representative in the representative’s own capacity compensate another party for any costs incurred unnecessarily. (sec.185-ssec.6) Before making an order under subsection (5) , the dispute resolution body must give the representative a reasonable opportunity to be heard. (sec.185-ssec.7) A representative of a party to whom an order made under subsection (5) is directed must comply with the order. (sec.185-ssec.8) If the dispute resolution body makes an order for costs before the end of an access dispute, the dispute resolution body may require that the order be complied with before it continues with the proceeding. (sec.185-ssec.9) If the dispute resolution body makes an order for costs, the dispute resolution body may fix the amount of costs itself. (sec.185-ssec.10) This section applies to costs incurred by the parties in a dispute hearing even if the notice of the access dispute to which the dispute hearing relates is withdrawn.