This Act is the Gas Pipelines Access (New South Wales) Act 1998.
This Act commences on a day or days to be appointed by proclamation.
(1) In this Act:Gas Pipelines Access Law means:
(a) Schedule 1 to the South Australian Act:(i) as enacted, or(ii) if amended, as amended and in force for the time being, and(b) 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.Gas Pipelines Access (New South Wales) Law means the provisions applying because of section 7.
Gas Pipelines Access (New South Wales) Regulations means the provisions applying because of section 8.
South Australian Act means the Gas Pipelines Access (South Australia) Act 1997 of South Australia.
(2) Words and expressions used in Schedule 1 to the South Australian Act, as applying because of section 7, and in this Act have the same respective meanings in this Act as they have in that Law as so applying.Note. The following words and expressions are used in both that Schedule and this Act, namely, ACCC, adjacent area, asset, Australian Competition Tribunal, Code Registrar, Commonwealth Minister, distribution pipeline, Federal Court, gas pipelines access legislation, jurisdictional area, liabilities, natural gas, NCC, relevant appeals body, relevant Minister, relevant Regulator, scheme participant and transmission pipeline.(3) Subsection (2) does not apply to the extent that the context or subject-matter otherwise indicates or requires.(4) The note to subclause (2) does not form part of this Act.
This Act, the Gas Pipelines Access (New South Wales) Law and the Gas Pipelines Access (New South Wales) Regulations bind the Crown, not only in right of New South Wales but also, so far as the legislative power of Parliament permits, the Crown in all its other capacities.
5 Application to coastal waters
(1) This Act, the Gas Pipelines Access (New South Wales) Law and the Gas Pipelines Access (New South Wales) Regulations apply in the coastal waters of this State.(2) In subsection (1), coastal waters, in relation to this State, means any sea that is on the landward side of the adjacent area of this State but is not within the limits of this State.
(1) It is the intention of Parliament that the operation of this Act, the Gas Pipelines Access (New South Wales) Law and the Gas Pipelines Access (New South Wales) Regulations should, as far as possible, include operation in relation to the following:(a) things situated in or outside this State,(b) acts, transactions and matters done, entered into or occurring in or outside this State,(c) things, acts, transactions and matters (wherever situated, done, entered into or occurring) that would, apart from this Act, be governed or otherwise affected by the law of another State, a Territory, the Commonwealth or a foreign country.(2) Nothing in subsection (1) has effect in relation to a pipeline to the extent that the pipeline is situated, or partly situated, beyond the jurisdictional areas of all the scheme participants.