Western Australian Current Acts Western Australian Current Acts (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 that term has in 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 that term has in
that other legislation; or
(d) by
the Court within the meaning that term has in 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.