Commonwealth Numbered Acts

MOOMBA-SYDNEY PIPELINE SYSTEM SALE ACT 1994 No. 70, 1994 - SECT 80

80. (1) If the TPC arbitrates an access dispute, it must make a written
determination about the matter to which the arbitration relates.

(2) A determination must:

   (a)  specify the Moomba pipeline concerned; and

   (b)  if paragraph 75(1)(a) or subsection 75(6) applies-set out the volume
        of any spare capacity and the method used for working out that volume
        of spare capacity; and

   (c)  if paragraph 75(1)(b) applies-set out the terms and conditions on
        which the pipeline is to be interconnected to the Moomba pipeline; and

   (d)  if paragraph 75(1)(c) applies-set out the terms and conditions on
        which the Moomba operator is to increase the capacity of the Moomba
        pipeline; and

   (e)  if the TPC determines that the Moomba operator is to supply haulage
        services to a person-set out the terms and conditions (including the
        haulage charge) on which the operator is to supply the haulage
        services; and

   (f)  set out the reasons for the determination.

(3) The TPC must not make a determination, that would deprive a person ("the
contractor") of:

   (a)  the contractor's right to require the Moomba operator to supply
        haulage services sufficient to enable AGL to exercise AGL's
        Schedule entitlements; or

   (b)  the contractor's right to require the Moomba operator to supply
        haulage services that are sufficient to enable the contractor to
        exercise or fulfil the contractor's Schedule rights or obligations; or

   (c)  the contractor's right to require the Moomba operator to supply
        haulage services that are sufficient to enable the contractor to meet
        its obligations to supply the actual gas requirements of its customers
        under negotiated contracts entered into before notice of the dispute
        was given to the TPC under subsection 75(1) or (6); or

   (d)  the contractor's right to require the Moomba operator to supply
        haulage services sufficient to enable the contractor to meet the
        reasonably anticipated requirements of the contractor's
        tariff customers taking into account abnormal seasonal variations.

(4) The TPC must not make a determination that would deprive a capacity
increaser of the right to require the Moomba operator to supply haulage
services, up to the amount of the increase in capacity, that are sufficient to
enable the increaser to meet:

   (a)  the increaser's own actual gas haulage requirements; and

   (b)  the increaser's obligations to supply the actual gas requirements of
        the increaser's customers under contracts entered into before notice
        of the dispute was given to the TPC under subsection 75(1) or (6).

(5) The TPC must not make a determination that requires the Moomba operator to
bear any of the costs of establishing and maintaining the increased capacity
of the Moomba pipeline.

(6) The terms and conditions set out under paragraph (2)(e) must only relate
to such of the following as are appropriate in the particular case:

   (a)  the appropriate period for the provision of haulage services by the
        Moomba operator;

   (b)  delivery points;

   (c)  the interconnection of pipelines;

   (d)  the increase in capacity;

   (e)  the haulage charge;

   (f)  any other matters that are reasonably necessary to deal with for the
        purposes of the provision of haulage services;

   (g)  matters incidental to a matter of a kind referred to in a preceding
        paragraph.

(7) In making a determination under subsection (1), the TPC must have regard
to the following matters:

   (a)  the legitimate business interests of the Moomba operator;

   (b)  the public benefit including the benefit in having competitive
        markets;

   (c)  any relevant technical issues relating to the capacity of the Moomba
        pipeline or increasing the capacity of the Moomba pipeline;

   (d)  the interests of other persons who have agreed to acquire haulage
        services from the Moomba operator, including the actual haulage
        service requirements of such persons;

   (e)  the interests of other persons who acquire haulage services from the
        Moomba operator under a determination under this section;

   (f)  any national regime for third party access to essential facilities.

(8) Any amendment to the supply agreement on or after the sale day does not
affect the operation of this section.

(9) The TPC must give a copy of its determination under subsection (1) to the
parties to the arbitration on the day it makes the determination.

(10) In this section:

"capacity increaser" means a person (other than the Moomba operator) who has
borne or is bearing the cost of increasing the capacity of the Moomba
pipeline;

"Moomba gas" means gas that has been hauled by a Moomba pipeline;

"negotiated contract" means a contract for the supply of at least 10
terajoules of Moomba gas per year to or on behalf of an end user;

"Schedule entitlements" means any rights under the supply agreement to acquire
gas up to the volumes worked out using Schedules A and C to the supply
agreement in accordance with the agreement;

"Schedule rights or obligations" means any rights or obligations under the
supply agreement to supply gas up to the volumes worked out using Schedules A
and C to the supply agreement in accordance with the agreement;

"supply agreement" means the agreement made between Alliance Petroleum
Australia No Liability, Basin Oil No Liability, Bridge Oil No Liability, Delhi
International Oil Corporation, Pursuit Oil No Liability, Reef Oil No
Liability, Santos Limited, Total Exploration Australia Proprietary Limited,
Vamgas No Liability and The Australian Gas Light Company on 26 May 1971 as in
force immediately before the sale day;

"tariff customer" means a gas user who is supplied with less than 10
terajoules of Moomba gas per year by a person who carries on the business of
supplying gas.