New South Wales Consolidated Acts

GAS SUPPLY ACT 1996 - SECT 38

38 Determination of applications

(1) The Minister may determine an application for a licence by--

(a) granting the application, or

(b) granting the application with the modifications the Minister considers appropriate, or

(c) refusing the application.

(1A) The Minister may determine an application for the transfer of a licence by--

(a) granting the application, or

(b) refusing the application.

(1B) When granting an application under subsection (1), with or without modifications, or subsection (1A), the Minister may impose conditions under section 40(1)(b).

(2) An application may be refused on any of the following grounds--

(a) that the proposed holder of the licence fails to satisfy such technical or prudential criteria as have been adopted by the Minister to determine whether a person is able to operate a viable business as a licensed distributor,

(b) such grounds as may be prescribed by the regulations,

(c) such grounds as the Minister considers relevant, having regard to the interests of consumers and the need to promote a competitive market for the gas concerned, to prevent misuse of market power and to ensure the security and reliability of the New South Wales supply system for gas (other than natural gas).

(3) The Minister must endeavour to determine an application within 6 months after it is made.