Application By Orica IC Assets Ltd & Ors Re Moomba To Sydney Gas Pipeline System [2004] ACompT 1

Application By Orica IC Assets Ltd & Ors Re Moomba To Sydney Gas Pipeline System [2004] ACompT 1

The Tribunal held that s 38 required a de novo review in which it stood in the shoes of the Minister and was bound to apply s 1.36 of the National Gas Code without limitation, including consideration of all statutory criteria rather than only Criterion (b). The Minister had made one decision in relation to the whole MSP Mainline, although it operated differently on different parts of that pipeline, so the review was not confined to the Moomba to Marsden section. The Canberra Lateral was not part of the MSP Mainline and was not within the scope of the review of the Minister's decision concerning the MSP Mainline.

Jurisdiction
Australia
Judgment Date
12 February 2004
Procedural Posture
Application for Review of a Ministerial Decision on Revocation of Coverage Under the National Third Party Access Code for Natural Gas Pipeline Systems / Preliminary Ruling on the Scope of the Tribunal's Review
Outcome
The Tribunal ruled on the scope of the review, holding that the Ministerial decision under review concerned the MSP Mainline and that the Tribunal must apply s 1.36 of the National Gas Code without limitation.
Legal Topics
['review of Ministerial Decision' 'national Gas Code Coverage Revocation' 'scope of De Novo Review' 'moomba to Sydney Gas Pipeline System']
['administrative Law' 'competition and Access Regulation' 'energy Regulation'] ['review of Ministerial Decision' 'national Gas Code Coverage Revocation' 'scope of De Novo Review' 'moomba to Sydney Gas Pipeline System']

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Procedural Posture

Application for Review of a Ministerial Decision on Revocation of Coverage Under the National Third Party Access Code for Natural Gas Pipeline Systems / Preliminary Ruling on the Scope of the Tribunal's Review

Legal Issues

  1. 1 ['Whether the application for review was confined to the revocation of coverage for the part of the MSP Mainline from Moomba to Marsden or extended to the whole MSP Mainline.' "Whether the Tribunal's review was confined to Criterion (b) or required consideration of all statutory criteria in s 1.9 and s 1.36 of the National Gas Code." 'Whether the Canberra Lateral was within the scope of the review.']

Ratio Decidendi

The Tribunal held that s 38 required a de novo review in which it stood in the shoes of the Minister and was bound to apply s 1.36 of the National Gas Code without limitation, including consideration of all statutory criteria rather than only Criterion (b). The Minister had made one decision in relation to the whole MSP Mainline, although it operated differently on different parts of that pipeline, so the review was not confined to the Moomba to Marsden section. The Canberra Lateral was not part of the MSP Mainline and was not within the scope of the review of the Minister's decision concerning the MSP Mainline.

Court Disposition

The Tribunal ruled on the scope of the review, holding that the Ministerial decision under review concerned the MSP Mainline and that the Tribunal must apply s 1.36 of the National Gas Code without limitation.

Orders

  • ["The decision of the Minister which is the subject of the review by the Tribunal is as follows: 'In accordance with section 1.34 of the National Third Party Access Code for Natural Gas Pipeline Systems (National Gas Code), I have decided that coverage of the Moomba to Wilton gas transmission pipeline (the MSP...