122Direction by Minister about shared use of pipeline

122 Direction by Minister about shared use of pipeline (1) If a licensee fails to enter into an agreement under section 121, the person seeking that agreement may apply to the Minister for a direction under subsection (4). (2) If a licensee enters into an agreement under section 121, any person who is entitled to have anything conveyed through the pipeline pursuant to any previous agreement or any direction of the Minister under this section may apply to the Minister for a direction under subsection (7). (3) An application under this section must be in writing and be accompanied by the prescribed fee. (4) After considering an application under subsection (1) and any other matter that he or she considers relevant, the Minister may direct the licensee to convey by means of the pipeline the whole or a specific part of the thing sought to be conveyed. (5) The matters that the Minister may consider under subsection (4) may include— (a) the capacity of the pipeline; and (b) the impact of the proposal on the safety of the pipeline; and (c) any additional costs to the licensee of the proposal. (6) A direction under subsection (4) may require the conveyance to be on the terms and conditions (including the rate of payment) agreed by the licensee and the applicant or, in default of that agreement, as determined by the Minister. (7) After considering an application under subsection (2) and any other matter that he or she considers relevant, the Minister may direct the licensee not to convey the thing through the pipeline. (8) A licensee must comply with a direction under this section. S. 122(9) amended by No. 30/2008 s. 43. (9) This section does not apply in relation to the conveyance of gas through a pipeline if the National Gas (Victoria) Law applies in relation to third party access to that pipeline.