Access and Rights Over Land Flashcards
What are the key difference between the Sewage (Scotland) Act and the Water (Scotland) Act?
In Water Scotland Act 1980, SW have liability for bursts as they control what is in pipes whereas in sewage pipes they do not, therefore no liability
What section in the Land Reform (Scotland) Act 2003 refers to public access rights?
Section 7
What are your heads of claim?
Losses
Reinstatement
Clients time/Disturbances
Injurious affection
What was involved in your claim for the overland sewer?
Losses - losses for grazing and BPS
Clients Time - for various meetings on site
Disturbances - for having to go further out the way to move sheep into field behind works
Re-instatement - ploughing, power harrowing, rolling, grass seed, de stone, additional spray for weeds
Injurious Affection - negative impact on land value
Which Schedule in the Electricity Act 1989 gives License Holders the compulsory purchase powers to install new power lines?
Schedule 3
Which Schedule in the Electricity Act 1989 regulates existing power lines?
Schedule 4
Under which Schedule of the 1989 Act can an electricity provider force a necessary wayleave?
Schedule 3 and 4 (depending if new or existing)
Tell me about necessary wayleaves
- Applied for when parties cannot come to a consensual agreement
- 21 day notice served to landowner
- Application sent to Scottish Ministers
- More expensive and time consuming than consensual agreement
- Generally last 15 to 40 years
How long would you expect a necessary wayleave under the Electricity Act 1989 to last?
40 years
Which section of the Water (Scotland) Act 1980 allows landowners to claim compensation?
Section 10
Which section notice would SW issue under the Water (Scotland) Act 1980 to advise landowners they intend to carry out investigation works?
Section 16
Which section notice would SW issue under the Water (Scotland) Act 1980 to advise landowners they are installing a new pipeline?
Section 23
Which section notice would SW issue under the Water (Scotland) Act 1980 to advise landowners they are going to access and carry out works to existing pipes?
Section 38
Which section notice would SW issue under the Sewage (Scotland) Act 1968 to advise landowners they are going to access and carry out works to existing pipes?
Section 48
Which section of the Sewage (Scotland) Act 1968 allows landowners to claim compensation?
Section 20
Which section notice would SW issue under the Sewage (Scotland) Act 1968 to advise landowners they are carrying out new works?
Section 3
Which act regulates the gas board in Scotland?
Gas Act 1989
Which schedule of the Gas Act 1989 refers to new mains being installed?
Schedule 3