Part 3 - Monitoring Access
13. Information on approaches for access to be disclosed
13.1 Facility owners must disclose the following information on each of the
gas processing facilities wholly or partly owned by the facility owner -
13.1.1 The numbers of bona fide approaches by third parties
investigating the possibility of access to the gas processing
facility; and
13.1.2 A summary of the nature of the approach for access; and
13.1.3 A summary of the outcome of the approaches.
13.2 When providing the information required by rules 13.1.2 and 13.1.3,
facility owners will not be required to disclose any information that a
reasonable person would consider was commercially sensitive at the time
the disclosure was made.
13.3 The information provided in accordance with rule 13.1 must be correct
and provide a fair representation of the nature of the approach.
14. When and how information is to be disclosed
Facility owners must give a notice to the industry body containing the
information required by rule 13 for each 12 month period ended on the anniversary
of the commencement date, or part thereof.
15. Access seekers may provide information
15.1 Any third party which has sought access to a gas processing facility
may provide the information set out in rule 13.1 to the industry body in
relation to an approach for access.
15.2 Provision of information by a third party access seeker under rule 15.1
does not relieve the obligation of the facility owner to provide the
information required by rule 13.1 in relation to the same approach for
access.
16. Confidentiality
16.1 The industry body must treat all information disclosed in accordance
with this Part 3 of the rules as confidential unless agreed otherwise with
the facility owner.
16.2 The industry body must only use the information disclosed in
accordance with this Part 3 of the rules for the purposes of –
16.2.1 Monitoring the efficiency of the market for third party access to
gas processing facilities; and
16.2.2 Reporting to the Minister of Energy from time to time on the
need for regulation of third party access to gas processing
facilities.
17. Expiry of rules
17.1 Subject to rule 17.2, these rules expire on the date which is 6 years after
the commencement date.
17.2 The Minister may, by notice in the Gazette, extend the period for which
these rules shall be in force, provided:
17.2.1 the Minister has received a recommendation from the industry
body to extend the period for which the rules shall be in force;
and
17.2.2 prior to making the recommendation in rule 17.2.1, the industry
body has consulted persons that it thinks are representative of
the interests of persons likely to be substantially affected by
extending the period for which the rules shall be in force; and
17.2.3 the extended period for which the rules shall be in force is
notified in the Gazette 12 months prior to the date specified in
rule 17.1.
17.3 The industry body will provide a recommendation on the need for rules
or regulations setting reasonable terms and conditions for access to, and
use of, gas processing facilities within 5 years of the commencement
date.
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