Victorian Current Acts

NATIONAL GAS (VICTORIA) ACT 2008 - SECT 14

    (1)     If a pipeline is a cross boundary pipeline, any action taken under the national gas legislation of a participating jurisdiction in whose jurisdictional area a part of the pipeline is situated—

        (a)     by, or in relation to, a relevant Minister; or

        (b)     by the Court within the meaning of that legislation in relation to action taken by, or in relation to, a relevant Minister—

is taken also to be taken under the national gas legislation of each participating jurisdiction in whose jurisdictional area a part of the pipeline is situated ( that other legislation )—

        (c)     by, or in relation to, a relevant Minister within the meaning of that other legislation; or

        (d)     by the Court within the meaning of that other legislation—

as the case requires.

    (2)     Despite subsection (1), no proceeding for judicial review or for a declaration, injunction, writ, order or remedy may be brought before the Court to challenge or question any action, or purported action, of a relevant Minister taken, or purportedly taken, in relation to a cross boundary distribution pipeline unless this jurisdiction has been determined to be the participating jurisdiction with which the cross boundary distribution pipeline is most closely connected.

    (3)     A reference in this section—

        (a)     to an action that is taken includes a reference to—

              (i)     a decision or determination that is made; or

              (ii)     an omission that is made;

        (b)     to a purported action that is purportedly taken includes a reference to a purported decision or determination that is purportedly made.

    (4)     In this section—

cross boundary pipeline means—

        (a)     a cross boundary transmission pipeline; or

        (b)     a cross boundary distribution pipeline.