ACTEW/AGL Partnership Facilitation Act 2000

The Minister may declare that this section applies to network facilities.

Without limiting the Legislation Act 2001, section 48, network facilities may be stated in a declaration particularly or by reference to a stated class, for example, all network facilities or all network facilities apart from stated exceptions.

A declaration is a notifiable instrument.

A declaration is not valid if it would have the effect of vesting a facility in a corporation other than the corporation that had used it or for the use of which it was available.

When a declaration takes effect in relation to a network facility, the facility, by force of this section—

is severed from the land and remains severed; and

vests in the corporation in which the declaration states that the facility vests, without any conveyance, transfer or assignment.

A facility severed under subsection (5) ceases for all purposes to be a fixture.

A corporation in which a facility has vested has, by force of this section, the following rights in relation to a network facility to which this section applies:

to have the facility (including any lines, pipes, equipment and any other thing ancillary to any other part of the facility) remain on, under or over the land for the provision of utility services;

for that purpose, to use, or continue to use, the facility;

to enter and occupy land on, above or under which the facility is located, and to undertake work on that land, to maintain the facility.

To ensure the proper provision of utility services, the Minister may determine conditions for the exercise of a right under subsection (7) (c) and, if any conditions are determined, the right may only be exercised in accordance with the conditions.

A determination is a notifiable instrument.