Part 11Joint access dispute hearings—scheme pipeline disputes

Part 11—Joint access dispute hearings—scheme pipeline disputes 190—Definition nominated disputes has the meaning given by section 191(2). 191—Joint dispute hearing (a) the dispute resolution body is conducting 2 or more dispute hearings in relation to scheme pipeline access disputes at a particular time; and (b) one or more matters are common to the access disputes in relation to which the dispute hearings are being conducted. (2) The dispute resolution body may, by notice in writing, decide that it will hold a joint dispute hearing in respect of such of those access disputes (the nominated disputes) as are specified in the notice. (3) The dispute resolution body may do so only if it considers this would be likely to result in the nominated disputes being resolved in a more efficient and timely manner. 192—Consulting the parties (1) Before making a decision under section 191(2), the dispute resolution body must give each party to each of the nominated disputes a notice in writing— (a) specifying what the dispute resolution body is proposing to do; and (b) inviting the party to make a written submission on the proposal to the dispute resolution body within 10 business days after the notice is given. (2) The dispute resolution body must have regard to any submission so made in deciding whether to do so. (3) The dispute resolution body may also have regard to any other matter it considers relevant. 193—Constitution and procedure of dispute resolution body for joint dispute hearings Part 9 applies to the joint dispute hearing in a corresponding way to the way in which it applies to a particular dispute hearing. 194—Record of proceedings etc (1) The dispute resolution body as constituted for the purposes of the joint dispute hearing may have regard to any record of the proceedings of the dispute of any of the nominated disputes. (2) The dispute resolution body as constituted for the purposes of the dispute hearing of each of the nominated disputes may, for the purposes of making an access determination in relation to the access dispute to which that hearing relates— (a) have regard to any record of the proceedings of the joint dispute hearing; and (b) adopt any findings of fact made by the dispute resolution body as constituted for the purposes of the joint dispute hearing.