New South Wales Consolidated Acts

NATIONAL GAS (NSW) LAW - SECT 169

169 Relevant adjudicator may terminate access dispute in particular circumstances

(1) The relevant adjudicator for an access dispute may at any time terminate the access dispute (without making an access determination) if--

(a) the notice of dispute given under section 152 is withdrawn; or

(b) the relevant adjudicator considers that--

(i) the pipeline service the subject of the access dispute could be provided on a genuinely competitive basis by a person other than the service provider or an associate of the service provider; or

(ii) the notice of the access dispute was vexatious; or

(iii) the subject matter of the dispute is trivial, misconceived or lacking in substance; or

(iv) the party who notified the access dispute did not negotiate in good faith; or

(v) a specified dispute termination circumstance has occurred; or

(vi) there is some other good reason why the dispute should be terminated.

(2) Subject to section 163, the relevant adjudicator for an access dispute may also terminate the access dispute (without making an access determination) if the relevant adjudicator considers that the aspect of access about which there is a dispute is expressly or impliedly dealt with under a contract between the user or prospective user and the service provider.

(3) Furthermore, a relevant adjudicator who is an arbitrator for a non-scheme pipeline access dispute may terminate an arbitration (without making an access determination) if the arbitrator considers that the user or prospective user seeking access is not engaging in the arbitration in good faith.

(4) In this section--

"specified dispute termination circumstance" means a circumstance specified by the Rules as being a circumstance, the occurrence of which, entitles the relevant adjudicator for an access dispute to terminate the access dispute (without making an access determination).