New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW - SECT 129

129 Reclassification decision

(1) The NCC must make a decision (a
"reclassification decision" ) within--

(a) 4 months after receiving an application under section 128; or

(b) if the Rules specify a later period, that period.

(2) A reclassification decision must--

(a) be made in accordance with this Law and the Rules; and

(b) contain the information required by the Rules; and

(c) be given to the persons specified by the Rules; and

(d) be made publicly available in accordance with the Rules.

(3) In making a reclassification decision, the NCC must have regard to--

(a) the national gas objective; and

(b) the pipeline classification criterion.

(4) The NCC must also as part of the reclassification decision--

(a) if it reclassifies the pipeline the subject of the application as a transmission pipeline--determine whether the transmission pipeline is also a cross boundary transmission pipeline;

(b) if it reclassifies the pipeline the subject of the application as a distribution pipeline--determine whether the distribution pipeline is also a cross boundary distribution pipeline.

(5) If, under subsection (4), the NCC determines that a pipeline reclassified as a distribution pipeline is also a cross boundary distribution pipeline, the NCC must determine the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected. In doing so, the NCC must have regard to the jurisdictional determination criteria.