Gas Act 2001 · 2020 Revised Edition · Part 10 · Appeal Panel
85. Powers of Appeal Panel
Feedback & supportLast amended by an amending law of 2024. 2 amendments in all.
An Appeal Panel must —
Appeal Panel
“Appeal Panel” means a panel established by the Minister under section 84;
by notice to the Authority and the appellant; or
where the Appeal Panel is established for the purposes of section 38B, by notice to the person concerned and G,specify the date on and the place at which the appeal is to be heard.
An Appeal Panel has all the powers and duties of the Authority that are necessary to carry out its functions and duties under this Act.
An Appeal Panel has the powers, rights and privileges vested in a District Court on the hearing of an action, including —
the enforcement of the attendance of witnesses and their examination on oath or otherwise;
the compelling of the production of documents; and
the award of costs and expenses of and incidental to any proceedings before the Appeal Panel.
A summons signed by any member of the Appeal Panel as may be authorised by the Appeal Panel is equivalent to any formal procedure capable of being issued in an action for enforcing the attendance of witnesses and compelling the production of documents.
production
“production” means the production of gas from a production well or a manufacturing plant;
Where any person being duly summoned to attend before an Appeal Panel does not so attend, that person shall be guilty of an offence.
A witness before an Appeal Panel is entitled to the same immunities and privileges as if he or she were a witness before a District Court.
All appeals under this section are to be determined, having regard to the nature and complexity of the appeal, as soon as reasonably practicable.
In the case of a modification of any condition of a gas licence, the Appeal Panel may either confirm the modification or direct the Authority not to make the modification, and the decision of the Appeal Panel is final.
In the case of a direction or decision of the Authority under Part 9, the Appeal Panel may either confirm, vary or reverse the direction or decision of the Authority or direct the Authority to reconsider the direction or decision, and the Appeal Panel’s decision is final.
An Appeal Panel established by the Minister to consider and determine an appeal under section 93(3) may determine the appeal by —
confirming, varying or reversing any decision or direction of the Authority; or
directing the Authority to reconsider its decision or direction,and the decision of the Appeal Panel is final.
The Appeal Panel must notify the appellant of its decision in respect of the appellant’s appeal and the reasons for its decision.
Where an Appeal Panel is established for the purposes of section 38B, the Appeal Panel must notify the person and G of its decision in respect of the terms of the agreement required to be determined by it, and the reasons for its decision.