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Date 30 November 1998
TPA Service Envelope Agreement
Transmission Pipelines Australia (Assets) Pty Ltd
ACN 079 136 413
Transmission Pipelines Australia Pty Ltd
ACN 079 089 268
Victorian Energy Networks Corporation
101 Collins Street Melbourne Victoria 3000 Australia
GPO Box 128A Melbourne 3001
Telephone (03) 9288 1234 Facsimile (03) 9288 1567 DX 240 Melbourne
Reference: SET C/983240100
MELBOURNE SYDNEY PERTH CANBERRA BRISBANE SINGAPORE HANOI HO CHI MINH CITY
CORRESPONDENT OFFICE IN JAKARTA
Liability is limited by the Solicitors Scheme under the Professional Standards Act 1994 (NSW)
Table of contents
Applicable Operating Conditions 130
Gas Transportation Services 132
TPA Data Requirements 136
Attachment 1 Acknowledgment
This TPA Service Envelope Agreement
is made on between the following parties:
1. Transmission Pipelines Australia Pty Ltd
ACN 079 089 268
of 180 Greens Road, Dandenong, Victoria
2. Transmission Pipelines Australia (Assets) Pty Ltd
ACN 079 136 413
of 180 Greens Road, Dandenong, Victoria
3. Victorian Energy Networks Corporation
of 433 Smith Street, North Fitzroy, Victoria
A. TPA Assets owns the Gas Transmission System and TPA leases the Gas Transmission System from TPA Assets.
B. VENCorp is established under the Act, among other things:
C. The MSO Rules provide:
D. TPA Assets, TPA and VENCorp have agreed that the definition of the TPA Service Envelope Capacity is based on the facilities which comprise the Gas Transmission System and the capacity associated with those facilities.
E. This Agreement replaces the TPA Service Envelope Agreement and the Pipeline Systems Deed, both of which were entered into by the parties on 11 December 1997.
The parties agree as follows:
Definitions and Interpretation
In this Agreement:
Access Arrangement means an arrangement for access to pipelines by third parties lodged with the Regulator under section 2.1 of the Access Code.
Access Code means the Victorian Third Party Access Code for Natural Gas Pipeline Systems or the National Third Party Access Code for Natural Gas Pipeline Systems, whichever is applicable at the relevant time.
Act means the Gas Industry Act 1994 (Vic).
Annual Maintenance Schedule means a maintenance schedule prepared under clause 7.
Authorised MDQ has the same meaning as in the MSO Rules.
Award means a decision of the Dispute Resolution Panel made under clause 19.
Benchmark Distribution Unaccounted For Gas has the same meaning as in the Distribution System Code lodged with the Office of the Regulator-General on 3 November 1997.
Business Day has the same meaning as in the MSO Rules.
Confidential Information means all information disclosed by any party under this Agreement which is notified by that party in writing to the other parties as being confidential information prior to its disclosure.
Connection Point has the same meaning as in the MSO Rules.
Dispute Resolution Panel means a panel appointed under clause 19(a)(1).
Dispute Resolution Procedure means the dispute resolution procedure set out in clause 19.
Expansion has the same meaning as when used in the Tariff Order.
Extension has the same meaning as when used in the Tariff Order.
Financial Default means failure by a party to pay any amount under this Agreement to another party when due.
Financial Year has the same meaning as in the MSO Rules.
Force Majeure means an event or cause beyond the reasonable control of the party claiming force majeure including:
Gas has the same meaning as in the Act.
Gas Transmission System has (subject to clause 3.1) the same meaning as in the Act.
Gas Transportation Deed means a deed of that name made between VENCorp and a Market Participant for the payment of transmission charges.
Gas Transportation Services means the services set out in Schedule 3.
GJ means gigajoules and has the meaning ascribed in clause 10.3 of the MSO Rules.
Good Practice means the exercise of that degree of skill, diligence and foresight consistent with the safe, secure and reliable operation of the Gas Transmission System and the facilities which comprise the Gas Transmission System and prudent practices that reasonably would be accepted by a significant proportion of the providers of transmission pipeline services in Australia and includes, without limitation, the establishment and maintenance of an asset management and maintenance system.
GTC means Gas Transmission Corporation established under Division 1 of Part 2 of the Act.
Independent Expert means a person appointed under clause 6.6.
Insolvency Event means that an order is made by a Court under section 459B of the Corporations Law that a body corporate be wound up in insolvency or a body corporate resolves to wind itself up or to dissolve or any like or analogous events.
LNG means liquefied natural gas.
Market has the same meaning as in the MSO Rules.
Market Participant has the same meaning as in the MSO Rules.
Material Breach means a breach by a party having, or reasonably expected to have, a material adverse effect on any other party’s ability to:
but does not include a failure by TPA to fulfil the TPA Service Envelope Obligations.
Monthly Maintenance Schedule means a maintenance schedule that is prepared under clause 7(d) and issued every month in respect of the ensuing three month period.
MSO Rules means the rules made under section 48N of the Act.
Murray Valley Extension means the Murray Valley Pipeline as set out in the Principal Transmission System Access Arrangement.
Murray Valley Pipeline means the pipeline from Chiltern to Rutherglen to Koonoomoo, being a gas transmission pipeline owned by TPA Assets and connected to the Gas Transmission System at Chiltern.
Operating Requirements means the operating requirements of VENCorp as provided for in this Agreement.
Pipeline Systems Deed means the deed dated 11 December 1997 between the parties as amended from time to time, in relation to the ownership, use, operation and maintenance of the Gas Transmission System.
Pipeline Title means permits to own and use, licences to construct and operate, and licences to operate only, a pipeline issued under the Pipelines Act 1967 (Vic) and which are held by TPA Assets.
Principal Transmission System Access Arrangement means the Access Arrangement of that name of TPA and TPA Assets.
Regulator means the Australian Competition and Consumer Commission.
Regulatory Instrument means any Act, law, code, rule, order or sub-code regulating the gas industry in Victoria, whether made under the Act or other applicable legislation having jurisdiction over the relevant party, and includes (for the avoidance of doubt) any such instrument made in any other jurisdiction which is applicable to the Gas Transmission System.
Safety Case is the safety case referred to in Part 3 Division 2 of the Gas Safety Act 1997 (Vic).
Service means a service to be provided under this Agreement or any other service in respect of the Gas Transmission System that a party may agree to provide to another party under this Agreement.
Tariff Order means the Victorian Gas Industry Tariff Order.
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