21Directions as to conveyance of petroleum

##### 21. Directions as to conveyance of petroleum (a) a person, by instrument in writing served on a licensee, requests the licensee to enter into an agreement for the conveyance of petroleum through the pipeline specified in that licensee’s licence; and (b) that person and the licensee do not, within a period of 3 months after the instrument is served on the licensee, enter into such an agreement, that person may apply to the Minister for a direction under this section. (2) An application under this section — (a) shall be in the approved form; and (b) shall be made in the approved manner; and (c) shall set out the matters that the applicant wishes the Minister to consider in relation to the application. (3) The Minister — (a) shall serve notice of the application on the licensee; and (b) may serve notice of the application on such other persons, if any, as he thinks fit; and (c) shall specify in any such notice a date on or before which the licensee or any other person on whom a notice is served may submit to the Minister in writing any matters that he wishes the Minister to consider in connection with the application. (4) After considering any matters submitted to him under subsection (3) on or before the specified date and such matters as he thinks relevant, the Minister, by an instrument in writing served on the licensee and the applicant — (a) may give to the licensee, to the applicant and to any other person lawfully entitled to use the pipeline, such directions as he thinks appropriate for or in relation to the use of the pipeline by the licensee, the applicant and any such other person; or (b) may refuse the application. (5) Without limiting the generality of subsection (4), directions under paragraph (a) of that subsection may include directions as to the amounts to be paid to the licensee by the applicant and any other person lawfully entitled to use the pipeline but any such direction shall be subject to the licensee’s right to convey its own petroleum through the pipeline in priority to any other petroleum to be so conveyed. (6) A person to whom a direction is given under subsection (4) shall comply with the direction. (7) This section does not apply to a Code pipeline within the meaning of the Gas Pipelines Access (Western Australia) Law 3 for which there is an approved Access Arrangement under that Law. [Section 21 amended: No. 12 of 1990 s. 128; No. 28 of 1994 s. 77; No. 65 of 1998 s. 89; No. 42 of 2010 s. 182(13).]