14Actions in relation to cross boundary pipelines

14 Actions in relation to cross boundary pipelines

(1)  If a pipeline is a cross boundary pipeline, any action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated –

(a) by, or in relation to, a relevant Minister; or

(b) by the Court within the meaning of that legislation in relation to the action taken by, or in relation to, a relevant Minister –

is taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated ("that other legislation") –

(c) by, or in relation to, a relevant Minister within the meaning of that other legislation; or

(d) by the Court within the meaning of that other legislation –

as the case requires.

(2)  Despite subsection (1) , no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.

(3)  A reference in this section –

(a) to an action that is taken includes a reference to –

(i) a decision or determination that is made; or

(ii) an omission that is made; and

(b) to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.

(4)  In this section –

cross boundary pipeline means –

(a) a cross boundary transmission pipeline; or

(b) a cross boundary distribution pipeline.