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GAS SUPPLY ACT 1996 - SECT 40
Conditions of licences
40 Conditions of licences
(1) A licence is subject to the following conditions-- (a) the conditions
imposed by this Act and the regulations,
(b) such other conditions (not
inconsistent with those imposed by this Act and the regulations) as the
Minister may from time to time impose in relation to the licence.
(2) Without
limitation, the Minister may impose the following kinds of conditions on a
licence-- (a) a condition specifying the period for which the licence is to
remain in force,
(b) a condition requiring the holder of the licence to
exercise its functions under this Act in accordance with specified guidelines
or subject to specified restrictions, including conditions as to-- (i) the
district within which those functions may be exercised, and
(ii) the
implementation of Government policy on community service obligations to small
retail customers,
(c) a condition requiring the holder of the licence to
continue 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,
(d) a condition requiring the holder of
the licence to maintain specified insurance cover in respect of specified
risks,
(e) a condition requiring the holder of the licence-- (i) to prepare,
and submit to the Minister for approval, a plan setting out (in accordance
with guidelines established by the Minister) the holder's policies, practices
and procedures with respect to the conduct of its affairs under the licence,
and
(ii) to conduct its affairs under the licence in accordance with the plan
as so approved,
(f) a condition requiring the holder of the licence to
furnish to the Minister (at such times and in respect of such periods as the
Minister may determine) such information as the Minister may determine to
enable the Minister to ascertain whether or not the holder is complying with
the conditions imposed on the licence by this Act or the regulations or by the
Minister.
(3) The Minister may not impose a condition on a licence of the
kind referred to in subsection (2) (b) (ii) unless the Minister has entered
into an undertaking, on behalf of the State, to indemnify the holder of the
licence with respect to the costs incurred by the holder in complying with the
requirements of the condition.
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