Schedule 2 Savings, transitional and other provisions
(Section 23)
1 Savings and transitional regulations
(1) The Governor may make regulations of a savings or transitional nature consequent on the enactment or commencement of the following Acts:this Act
(2) If the regulations so provide, they have effect despite any provision of the Gas Pipelines Access (New South Wales) Law or the Gas Pipelines Access (New South Wales) Regulations.(3) A provision of a regulation made under this clause may, if the regulation so provides, take effect from the date of assent to this Act or from a later day.(4) To the extent to which a provision takes effect from a day earlier than the day of the regulation’s publication in the Gazette, the provision does not operate to the disadvantage of a person (other than the State or a State authority) by:(a) decreasing the person’s rights, or(b) imposing liabilities on the person.
Part 2 Provisions consequent on enactment or commencement of Gas Pipelines Access (New South Wales) Act 1998
In this Part:the new Access Code means the National Third Party Access Code for Natural Gas Pipeline Systems (a copy of which, as agreed by the Council of Australian Governments on 7 November 1997, is set out in Schedule 2 to the South Australian Act) or, if that Code is amended in accordance with Schedule 1 to that Act, that Code as so amended and in force for the time being, as it applies because of section 7 of this Act as a law of New South Wales.
the old Access Code means the Access Code under the Gas Supply Act 1996, as in force immediately before the commencement of this clause.
(1) An access undertaking for which an application for approval had been made, but not determined, before the repeal of section 20 of the Gas Supply Act 1996 is taken to be an access arrangement for which an application for approval has been made under the new Access Code.(2) An application for approval of an access undertaking referred to in subclause (1) (the original application) is taken to be an application for approval of an access arrangement (the corresponding application) and anything done in connection with the original application is taken to have been done for the purposes of the corresponding application.(3) Each of the following:(a) an access undertaking in force under section 20 of the Gas Supply Act 1996, as in force immediately before its repeal by this Act,(b) an access undertaking arising from an application for a review that is dealt with as referred to in clause 6,(c) an access order in force under section 21 of that Act, as in force immediately before its repeal by this Act,(d) an access order arising from an application for a review that is dealt with as referred to in clause 6,is taken to be an access arrangement in force under the new Access Code and has effect accordingly.(4) An access undertaking or access order that is taken to be an access arrangement in force under the new Access Code, as referred to in subclause (3):(a) is subject to sections 3 and 8 of the old Access Code (but, subject to subclause (5), is not subject to any of the other provisions of the old Access Code), and(b) is not subject to section 3 or 8 of the new Access Code (but is subject to all of the other provisions of the new Access Code),until its first review is completed under section 2 of the new Access Code.(5) The provisions of sections 9.1, 9.2, 9.3, 9.4, 9.5 and 9.6 of the old Access Code apply to:(a) an access undertaking the subject of an application referred to in subclause (1), and(b) an access undertaking or access order that is taken to be an access arrangement in force under the new Access Code, as referred to in subclause (3).(6) A reference in any of those sections to any other section of the old Access Code (other than a reference to section 9.1 or 9.5) is taken to be a reference to the equivalent provision (if any) of the new Access Code.(7) Unless it sooner ceases to have effect, any transitional component of the kind referred to in section 9.1 or 9.3 of the old Access Code ceases to have effect on 1 July 2002.
(1) Section 23 of the Gas Supply Act 1996, as in force immediately before its repeal by this Act, continues to apply to any dispute referred to arbitration under that section before that repeal as if it had not been repealed.(2) Each of the following:(a) an access determination in force under section 23 of the Gas Supply Act 1996, as in force immediately before its repeal by this Act,(b) an access determination arising from a dispute to which that section applies as referred to in subclause (1),(c) an access determination arising from an application for a review that is dealt with as referred to in clause 6,is taken to be an arbitrator’s determination under Part 4 of the Gas Pipelines Access (New South Wales) Law and has effect accordingly.
5 Transactions between associated parties
(1) Section 24 of the Gas Supply Act 1996, as in force immediately before its repeal by this Act, continues to apply to any access agreement the subject of an application for the Tribunal’s approval under that section before that repeal as if it had not been repealed.(2) Each of the following:(a) an access agreement the subject of an approval in force under section 24 of the Gas Supply Act 1996, as in force immediately before its repeal by this Act,(b) an access agreement approved under that section as referred to in subclause (1),(c) an access agreement the subject of an approval arising from an application for a review that is dealt with as referred to in clause 6,is taken to be an Associate Contract approved by the relevant Regulator under section 7.1 of the new Access Code.
Sections 26, 29 and 30 of the Gas Supply Act 1996, as in force immediately before the repeal by this Act of section 26 of that Act, continue to apply to any application for review that was made under section 26 of that Act before its repeal as if it had not been repealed.
7 Certain pipelines remain distribution pipelines
(1) Despite any provision of the new Access Code, each of the following pipelines is taken to be a distribution pipeline for the purposes of the Gas Pipelines Access (New South Wales) Law:(a) the pipeline from Wilton to Horsley Park (Pipeline Licence No 1),(b) the pipeline from Wilton to Wollongong (Pipeline Licence No 2),(c) the pipeline from Horsley Park to Plumpton (Pipeline Licence No 3),(d) the pipeline from Plumpton to Killingworth (Pipeline Licence No 7),(e) the pipeline from Killingworth to Walsh Point (Pipeline Licence No 8).(2) Subclause (1) ceases to apply to a pipeline referred to in that subclause:(a) on such date as may be prescribed by the regulations in respect of that pipeline, being a date occurring before, on or after 1 July 2002, or(b) if no such date is prescribed on or before 1 July 2002, on 1 July 2002.
8 Certain persons not users or prospective users until 1 July 1999
(1) A person who:(a) but for the repeal by this Act of the definition of system user in the Dictionary to the Gas Supply Act 1996, and(b) but for the repeal by this Act of the regulations under that Act with respect to that definition,would not have been a system user within the meaning of that definition during the period between the repeal of that definition and 1 July 1999 is taken not to be a user or prospective user within the meaning of the new Access Code.(2) This clause ceases to have effect on 1 July 1999.(3) In the event of any inconsistency between this clause and the regulations, the regulations prevail to the extent of the inconsistency.
9 Exemption from stamp duty for ongoing ringfencing transactions
(1) A transfer of assets or liabilities that the Minister and the Treasurer are satisfied has been or is to be made for the purpose of complying with the requirements of:(a) the conditions of an authorisation under the Gas Supply Act 1996, or(b) the regulations under section 16 of the Gas Supply Act 1996, or(c) the old Access Code,is taken to be an exempt matter for the purposes of section 20 of this Act.(2) Section 20 extends to any such transfer that occurred before the commencement of this clause.