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NATIONAL GAS (QUEENSLAND) LAW - SECT 114
Protection of certain pre-existing contractual rights
114 Protection of certain pre-existing contractual rights
(1) An applicable access arrangement must not have the effect of depriving a
person of a relevant protected contractual right.
(2) In this section—
"relevant exclusivity right" means an express contractual right that arose on
or after 30 March 1995 that— (a) prevents a service provider supplying
pipeline services to persons who are not parties to the contract; or
(b)
limits or controls a service provider’s ability to supply pipeline services
to persons who are not parties to the contract,
but does not include a
user’s contractual right to obtain a certain amount of pipeline services;
"relevant protected contractual right" means— (a) in the case of an
applicable access arrangement approved under an applicable arrangement
decision—a right under a contract (other than a relevant exclusivity right)
in force immediately before that access arrangement was submitted for approval
under this Law; or
(b) in the case of an applicable access arrangement made
under an applicable arrangement decision because— (i) an access arrangement
was not submitted for approval as required under section 113 —a right under
a contract (other than a relevant exclusivity right) in force immediately
before the date on which an access arrangement was required to be submitted
for approval; or
(ii) an access arrangement was not approved under an
applicable arrangement decision—a right under a contract (other than a
relevant exclusivity right) in force immediately before the date on which that
access arrangement was submitted for approval.
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