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NATIONAL GAS (QUEENSLAND) LAW - SECT 110
Requirements for making, or not making, a greenfields price protection determination
110 Requirements for making, or not making, a greenfields price protection
determination
(1) The AER must not make a greenfields price protection determination
unless— (a) the pipeline the subject of the determination is also the
subject of a greenfields incentive determination; and
(b) the AER is
satisfied— (i) that— (A) the pipeline has been developed following a
competitive process; and
(B) the prices and non-price terms and conditions
for pipeline services that will be made available to prospective users during
the operative period for the greenfields price protection determination have
been set as a result of that process; or
(ii) that— (A) one or more form of
regulation factors effectively constrained the exercise of market power by the
service provider when the prices and non-price terms and conditions for
pipeline services that will be made available to prospective users during the
operative period for the greenfields price protection determination were
determined; and
(B) the making of the determination will, or is likely to,
contribute to the achievement of the national gas objective.
(2) For the
purposes of subsection (1) (b) (i) (A) , a pipeline is taken to have been
developed following a competitive process if the AER is reasonably satisfied
from the information provided to it by the applicant for the greenfields price
protection determination that there was competition (whether formal or
informal) to develop the pipeline between 2 or more prospective service
providers that— (a) were not related bodies corporate of each other; and
(b) did not include a related body corporate of the applicant. Example—
Competition between prospective service providers could involve the service
providers competing on the basis of— (a) different pipeline routes; or
(b)
an expansion of an existing pipeline and the development of a new pipeline.
(3) A greenfields price protection determination or a decision not to make a
greenfields price protection determination 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; and
(e) if a
greenfields price protection determination is made, specify— (i) the date
the determination takes effect; and
(ii) the operative period for the
determination.
(4) For subsection (3) (e) (ii) , the operative period for a
greenfields price protection determination— (a) is the period during which
the prices and non-price terms and conditions specified in the determination
will be made available to prospective users; but
(b) cannot be longer than
the operative period for the greenfields incentive determination relating to
the pipeline.
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