Gas (Exclusive Distribution Franchise) Order 2003 (Tas)

Gas (Exclusive Distribution Franchise) Order 2003

I make the following order under section 30(1) of the Gas Act 2000 .

10 July 2003

P. A. LENNON

Minister for Economic Development, Energy and Resources

1. Short title This order may be cited as the Gas (Exclusive Distribution Franchise) Order 2003 .

2. Commencement This order takes effect on the day on which its making is notified in the Gazette.

3. Interpretation In this order – Act means Gas Act 2000 ; franchisee means Powerco Tasmania Pty Ltd (ACN 104 499 569); related body corporate has the same meaning as in the Corporations Act.

4. Determination of exclusive franchisee (1) It is determined that Powerco Tasmania Pty Ltd (ACN 104 499 569) should have an exclusive franchise to construct and operate a distribution system or systems in Tasmania, the extent of the franchise being as specified below. (2) The exclusive franchise extends to the construction and operation of a distribution system or systems to supply natural gas to or for consumption at (in either case whether directly or indirectly) the land described in the titles listed in column 1 (or any immediately adjoining land if that land is owned, used, leased or occupied by the occupier of the first-mentioned land or a related body corporate of that occupier) of – (a) the table in Part 1 of Schedule 1 (the "Unconditional Franchise"); and (b) the table in Part 2 of Schedule 1 (with the franchise in respect of each such customer being referred to as a "Conditional Franchise"). (3) The Unconditional Franchise continues until the first of the following things happens: (a) the expiration of 7 years from 30 April 2003; (b) the surrender or cancellation under the Act of any licence issued to the franchisee under the Act which gives effect to the franchise; (c) the revocation of this order. (4) Each Conditional Franchise continues until the first of the following things happens: (a) the expiration of 7 years from 30 April 2003; (b) the surrender or cancellation under the Act of any licence issued to the franchisee under the Act which gives effect to the franchise; (c) the revocation of this order; (d) the expiration of 18 months from 30 April 2003 if by that time the franchisee has not commissioned a distribution system which is capable of supplying gas in accordance with the Act to the land to which the Conditional Franchise applies.