(1) An owner and operator of a facility for the transportation, treatment or storage of petroleum shall grant third party access to the facility on fair, transparent and non-discriminatory terms.

(2) The access shall not be to the detriment of the needs of the owner, operator or other users who have already been granted a right of use.

(3) If the throughput capacity of the facility is insufficient to handle and transport the total production entitlements of all users, the owners of the facility shall have a preferential right to the available capacity in proportion to the ownership share.

(4) The remaining available capacity shall be shared between the users in proportion to the total production entitlement of each user which would otherwise be available for transportation.

(5) The owner or operator of a petroleum pipeline may charge a transportation tariff for the use of the pipeline by other persons.

(6) Unless otherwise determined by the Commission,

(a) the transportation tariffs shall cover the cost incurred by the owner of the pipeline in constructing, financing, operating and maintaining the pipeline and related facilities, including a reasonable rate of return on the investment, taking into account the risks assumed by the owner; and

(b) each user including the owner of the pipeline, shall pay a transportation tariff calculated in relation to the share of the petroleum transported.

(7) A person is not entitled to the use of a transportation, treatment or storage facility unless that person has entered into an agreement with the owner or operator of the facility.

(8) The parties shall submit an agreement on the use of transportation, treatment and storage facilities to the Commission for approval.

(9) The Commission in consultation with the Minister may, as a condition for approval, change the tariffs and other conditions agreed between the parties, having due regard to resource management considerations while allowing the owner reasonable returns, taking into account, investment and risks.

(10) Where an agreement for use is not reached within a reasonable period of time, the Commission in consultation with the Minister may determine the tariffs or other conditions for the use, having regard to resource management considerations while allowing the owner reasonable returns taking into account investments and risks.

(11) Where required for resource management considerations, the Commission in consultation with the Minister may alter the conditions of an approved agreement in order to ensure implementation or extension of projects.

(12) The Commission shall, in altering the conditions of an approved agreement have due regard to resource management consideration, investments and risks.