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National Gas (Victoria) Act 2008
58BOrder modifying regulatory arrangements relating to extensions to or expansion of declared transmission systems
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58B Order modifying regulatory arrangements relating to extensions to or expansion of declared transmission systems
(1) Subject to this Division, the Minister, by Order published in the Government Gazette, may do any one or more of the following—
(a) specify, for the purposes of the Order—
(i) the carrying out of one or more of the following as an improvement—
(A) an extension to or expansion of the capacity of a declared transmission system;
(B) the connection of a pipeline or pipeline equipment to a declared transmission system;
(C) an improvement or upgrade to a pipeline or pipeline equipment that forms part of a declared transmission system;
(D) an improvement or upgrade to a facility for storing liquefied natural gas that is connected to a declared transmission system; or
(ii) services provided or to be provided in relation to or by means of a specified improvement as specified improvement services;
(b) provide that a specified provision of the Rules does not apply in respect of—
(c) modify the application of a specified provision of the Rules to—
(d) regulate—
(e) specify a provision of the Order, or a provision of the National Gas (Victoria) Law or the Rules modified by the Order, as a civil penalty provision for the purposes of the National Gas (Victoria) Law.
(2) Without limiting subsection (1), an Order under subsection (1) may do any one or more of the following—
(a) modify the application of standards, procedures or guidelines published under the Rules to—
(i) a specified improvement; and
(b) specify matters or things that are to apply in relation to—
(i) a specified improvement; and
(c) require a declared transmission system service provider or prospective declared transmission system service provider to—
(i) plan the carrying out of a specified improvement; and
(ii) carry out a specified improvement; and
(iii) facilitate the planning, carrying out or operation of a specified improvement;
(d) disapply, or modify the application of a provision of, the National Gas (Victoria) Law as a consequence of a provision of the Order that disapplies or modifies the application of another provision of the National Gas (Victoria) Law in respect of—
(e) disapply, or modify the application of a provision of, the Rules as a consequence of a provision of the Order that disapplies or modifies the application of another provision of the Rules in respect of—
(f) provide that improvement related costs may be recovered through charges for services specified in the Order;
(g) specify that any expenditure required for a specified improvement is conforming capital expenditure.
(3) An Order under subsection (1) may—
(a) be of limited or general application;
(b) differ according to time, place or circumstances;
(c) confer functions and powers on, or leave any matter or thing to be decided by, AEMO or the AER;
(d) require AEMO or a declared transmission system service provider to provide information or advice to the Minister;
(e) apply, adopt or incorporate any matter contained in any document, whether—
(i) wholly or partially or as amended by the Order; or
(ii) as existing at the time the Order is made or at any time before then; or
(iii) as existing from time to time;
(f) contain provisions of a savings or transitional nature on the making of the Order;
(g) provide for any matter that is incidental to a matter set out in the Order or necessary to give effect to a matter set out in the Order.
S. 58C inserted by No. 10/2026 s. 3.