Malaysia legislation
Section 16
Section 16
The principal Act is amended by substituting for section 14
the following section:
“Duty of retail licensee to supply gas to consumers upon request or duty of the regasification, transportation or distribution licensee to allow utilization of their facilities by third parties
Quoted provision
Section 14
(a)
retail licensee shall upon request of a consumer supply gas to the consumer’s premises; and
(b)
regasification, transportation or distribution licensee shall upon request of a shipping licensee allow the utilization of his facility.
(2)
Where any person requires a supply of gas under paragraph (1)(a), he shall give to the retail licensee a notice specifying—
(a)
the premises in respect of which the supply is required;
(b)
the day on which the supply is required to commence;
(c)
the quantity which may be required at any time;
(d)
the minimum period for which the supply is required to be given; and
(e)
the pressure at which the supply is required.
(3)
Where a shipping licensee requires the utilization of—
(a)
a regasification licensee’s facility, he shall give to the regasification licensee a notice specifying the date of commencement, the period of utilization of the facility and the capacity required;
(b)
a transportation licensee’s facility, he shall give to the transportation licensee a notice specifying the date of commencement, the period of utilization of the facility, the capacity and the entry and exit points for the transportation of gas; or
(c)
a distribution licensee’s facility, he shall give to the distribution licensee a notice specifying the date of commencement, the period of utilization of the facility, the capacity and the entry and exit points for the distribution of gas.
(4)
Where a licensee receives from any person a notice under subsection (2) or (3) requiring him to give a supply of gas to any premises or to allow the utilization of his facility and—
(a)
he has not previously given supply of gas to those premises or allowed the utilization of his facility;
Gas Supply (Amendment)
(b)
except for a regasification licensee, the giving of the supply of gas or allowing the utilization of facility requires the provision of pipelines or piping system; or
(c)
other circumstances exist which make it necessary or expedient for him to do so, the licensee shall, as soon as practicable after receiving that notice, give to the person a notice under subsection (5).
(5)
A notice under this subsection shall—
(a)
state the extent to which the proposals specified in the notice under subsection (2) or (3) are acceptable to the licensee and specify any counter proposals made by the licensee;
(b)
state whether the prices to be charged by the licensee will be determined by a tariff under section 13 and specify the tariff;
(c)
specify any payment which the person will be required to make under subsection 16(1); and
(d)
specify any security which the person will be required to give under section 17.
(6)
In this section and in sections 15 to 17 of this Part—
(a)
any reference to giving a supply of gas or allowing the utilization of facility includes a reference to continuing to give such a supply or allowing such utilization; and
(b)
any reference to requiring a supply of gas or allowing the utilization of facility includes a reference to continuing to require such supply or allowing such utilization.
(7)
Without prejudice to subsection (2) or (3), the party requiring the supply of gas or allowing the utilization of facility shall notify to the relevant licensee of any other information that such licensee may reasonably require.”.
Amendment of section 15