Rights conferred by statutory easement
11 Rights conferred by statutory easement
The statutory easement entitles the owner of the pipeline—
to install, maintain and operate a pipeline or pipelines across the servient land; and
to carry out an authorised purpose on the servient land; and
if associated equipment had, before the commencement of this Part, been installed on outlying land—to maintain the associated equipment (or associated equipment of the same kind) on that land and to carry out authorised purposes related to the associated equipment; and
to install and maintain associated equipment necessary for cathodic protection, electricity supply or water supply on outlying land, to carry out authorised purposes related to the associated equipment, and to carry out work on outlying land related to the installation, maintenance, repair or replacement of a pipeline across the servient land; and
to obtain water necessary for domestic requirements from a natural source, a reservoir or bore (but not if the natural source, reservoir or bore is on freehold land).
[The Petroleum Act 1940 requires a pipeline licence for the construction or operation of a pipeline (See section 80D). The rights conferred by the statutory easement do not derogate from that requirement. Hence, the owner of the pipeline may only exercise rights conferred by the statutory easement (insofar as they relate to the construction or operation of a pipeline) if the owner of the pipeline itself holds a pipeline licence or acts through an agent that holds a pipeline licence. If the operator of the pipeline is not the owner or an agent of the owner, the owner may delegate powers under the statutory easement to the operator.]
Any associated equipment installed on or under the servient or outlying land for the purposes of this section remains the property of the owner of the pipeline.
An authorised purpose is one or more of the following purposes:
to install (or re-install) a pipeline and associated equipment;
to operate a pipeline or associated equipment;
to inspect a pipeline or associated equipment and monitor its operation;
to carry out maintenance work on a pipeline or associated equipment;
to extend, alter, repair or replace a pipeline or associated equipment;
to remove a pipeline or associated equipment.
Associated equipment means equipment associated with the operation of the pipeline including—
cathodic protection equipment; and
equipment for transmission of electricity; and
equipment for providing water supply; and
fences and other protective structures and devices; and
telecommunications equipment.
An agent, contractor, or employee authorised by the owner of the pipeline may do anything (including work involving disturbance of land) authorised by the statutory easement and, for the purpose of doing so, may, at any time (with or without motor vehicles and other equipment), enter and pass over the servient land, outlying land and other land on either side of the pipeline over which it is reasonably necessary to pass to gain access to the servient land, outlying land or a natural source of water, a reservoir or a bore.
The owner of the pipeline is liable for compensation as follows:
if associated equipment necessary for cathodic protection, electricity supply or water supply is installed on outlying land, or authorised purposes related to the associated equipment are carried out on outlying land, under subsection (1)(d), the occupier of the land is entitled to reasonable compensation from the owner of the pipeline for interference with the use or enjoyment of the land; and
if water is taken under subsection (1)(e), the person who would otherwise be entitled to the water is entitled to reasonable compensation from the owner of the pipeline.
The amount of the compensation is to be fixed by agreement or, in default of agreement, by the Magistrates Court.
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.