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NATIONAL GAS (QUEENSLAND) LAW - SECT 112
Principles governing the making of particular determinations
112 Principles governing the making of particular determinations
(1) This section sets out principles that apply for the making of the
following determinations (each a
"relevant determination" ) by the AER— (a) a scheme pipeline determination
under Part 1 Division 1 ;
(b) a scheme pipeline revocation determination
under Part 2 ;
(c) a greenfields incentive determination under Part 3 .
(2)
In deciding whether to make a relevant determination, the AER must consider
the effect of regulating the pipeline, to which the determination would apply,
as a scheme pipeline or non-scheme pipeline on— (a) the promotion of access
to pipeline services; and
(b) the costs that are likely to be incurred by an
efficient service provider; and
(c) the costs that are likely to be incurred
by efficient users and efficient prospective users; and
(d) the likely costs
of end users.
(3) In doing so the AER— (a) must have regard to the national
gas objective; and
(b) must have regard to— (i) the form of regulation
factors; and
(ii) for a greenfields incentive determination—the extent to
which the form of regulation factors or competition to develop the pipeline
(whether formal or informal) between 2 or more unrelated prospective service
providers will, or is likely to, pose an effective constraint on the exercise
of market power in respect of services provided by means of the pipeline for
the period the determination is in operation; and 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.
(c) may have regard to any other matter it considers relevant, including, for
example, any information it obtains in the course of performing its functions.
Example for paragraph (c)— The AER may have regard to information contained
in a report made by a mediator in relation to an access dispute.
(4) For
subsection (3) (b) (ii) , prospective service providers are unrelated if the
service providers— (a) are not related bodies corporate of each other; and
(b) do not include a related body corporate of the applicant for the
greenfields incentive determination.
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