Access and Rights Flashcards
What Act governs the water industry?
The Water Industry Act 1991
What Act governs the supply and distribution of gas?
The Gas Act 1986
What Act governs the supply and distribution of electricity?
The Electricity Act 1989
Do water undertakers have powers to create or acquire easements for pipelines?
Yes under s.155 of the Water Industry Act 1991
What powers to water undertakers have in respect of entering land to lay pipes?
Under s.159 of the Water Industry Act 1991, water undertakers have powers to enter land to lay pipes, inspect, maintain and repair existing pipes.
Reasonable notice must be given, usually 3 months or 42 days if the works are in respect of an existing pipeline.
No notice is required in the event of an emergency.
What compensation is payable in respect of a water pipeline?
Compensation is payable under Schedule 12 - paragraphs 2 and 3. The compensation payable is the depreciation in value of an interest in land and other loss or damage.
What is the standard compensation for a water pipeline for the depreciation in value?
50% of vacant possession value as determined in St John’s College, Oxford v Thames Water Authority (1990)
What is an Easement?
An easement is a permanent agreement, which is often recorded in the form of a deed. The agreement relates to the land and cannot be terminated. It is usually a one-off payment with permanent access granted.
What is a Wayleave?
A wayleave is a terminable licence that is linked to the owners of land. It grants a right of entry with an annual payment to the landlord. Usually includes NTQ provisions on either 6 or 12 months notice. They can bound subsequent owners by inserting a fixed term.
What is a Necessary Wayleave?
An operator can apply to the SoS for a necessary wayleave following receipt of a NTQ from the landowner and if they cannot agree new terms with the landowner. The operator must provide proof as to why the lines must be kept in place.
What powers to electricity operators have in respect of new apparatus?
1) Negotiate and obtain consent directly from the landowner - easement or wayleave by agreement
2) Establish a necessary wayleave under Schedule 4
3) Establish a permanent easement by compulsory powers under Schedule 3
What compensation is payable for a permanent easement?
The Value of Land Taken, Severance and Injurious Affection and Disturbance
What compensation is payable for a wayleave?
Compensation is based on the rules of equivalence. Annual payments are based on negotiated sums proposed by the Energy Network Association. Agreed between Energy Network Association, NFU and CLA and are published annually.
What powers do gas operators have?
Gas operators have limited powers to access land. If compulsory purchase is not used, gas transporters have to rely on negotiation.
What powers do gas operators have in respect of existing pipelines?
Gas transporters have powers of entry for the repair or replacement of existing pipes under Paragraph 27 of Schedule 2. 7 days notice must be given.
