Commonwealth Numbered Acts

MOOMBA-SYDNEY PIPELINE SYSTEM SALE ACT 1994 No. 70, 1994 - SECT 75

75. (1) If a Moomba operator and any other person are unable to agree on any
of the following matters the operator or the other person may notify the TPC
that an access dispute exists:

   (a)  the existence of spare capacity in a Moomba pipeline sufficient to
        provide the services requested;

   (b)  the interconnection of a pipeline to a Moomba pipeline;

   (c)  increasing the capacity of a Moomba pipeline operated by the operator;

   (d)  terms and conditions (including the haulage charge) for the supply of
        haulage services by the operator that uses the whole or part of the
        spare capacity or increased capacity in a Moomba pipeline.

(2) If a Moomba operator intends to enter into an agreement with a person to
supply haulage services, the operator must give a notice to any other person
who is a party to an agreement with the operator for the supply of haulage
services advising:

   (a)  that the operator intends entering into the agreement; and

   (b)  a reasonable estimate of the amount of spare capacity that would be
        used under the proposed agreement.

(3) Subsection (2) does not apply to a spot sales agreement.

(4) If subsection (2) applies to a Moomba operator, the operator must not
enter into the agreement unless:

   (a)  all the persons given a notice under subsection (2) agree; or

   (b)  at the end of the period of 21 days after the giving of the notice, no
        person has notified the TPC under subsection (6).

(5) An agreement is of no effect if it is entered into:

   (a)  without the giving of a notice in accordance with subsection (2); or

   (b)  in breach of subsection (4).

(6) A person who has been given a notice under subsection (2) may notify the
TPC that an access dispute exists.

(7) A notice under subsection (1) or (6) must specify the matter in dispute.

(8) A notice under subsection (1), (2) or (6) must be in writing.

(9) In this section:

"spot sales agreement" means an agreement under which all those haulage
services are to be provided within 3 months after the agreement is made.