23Directions as to the conveyance of substances

#### 23 Directions as to the conveyance of substances 23 Directions as to the conveyance of substances > > (1) Where— > > > > > (a) a person, by instrument in writing served on a licensee, requests the licensee to enter into an agreement for the conveyance through the pipeline specified in that licensee’s licence of a substance, and > > > > > (b) that person and the licensee do not, within a period of three 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 (a) (Repealed) > > > > > (b) shall be made in the prescribed manner, > > > > > (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, > > > > > (b) may serve notice of the application on such other persons, if any, as he or she 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 or she wishes the Minister to consider in connection with the application. > > > (4) After considering any matters submitted to him or her under subsection (3) on or before the specified date and having regard to the nature of the substance for the conveyance of which the pipeline is being and is capable of being used and is suitable and to such other matters as he or she 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 or she 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 for the use of the pipeline. > > > (6) A person to whom a direction is given under subsection (4) shall comply with the direction. > > > > Maximum penalty— > > > > > (a) for a corporation—1,000 penalty units, or > > > > > (b) for an individual—200 penalty units. > > > (7) This section does not apply to any pipeline that is a transmission pipeline or distribution pipeline within the meaning of the [National Gas (NSW) Law](/view/html/inforce/current/act-2008-31a). > > **s 23:** Am 1977 No 17, Sch 1; 1985 No 217, Sch 3 (2); 1992 No 112, Sch 1; 1998 No 41, Sch 1.5; 2006 No 35, Sch 1 \[68\] \[69\]; 2008 No 31, Sch 1.5; 2021 No 34, Sch 5\[9\].