Taking of interest or easement for purposes of licence
41 Taking of interest or easement for purposes of licence
For the purpose of enabling a licensee to supply electricity as authorised by a licence, an interest in land or easement over land may be taken under the Land Administration Act 1997 Part 9 as if for a public work within the meaning of that Act.
The power conferred by subsection (1) may only be exercised on the recommendation of the Minister administering this Act.
If in the opinion of the Minister administering this Act an interest in land or easement over land is appropriate to a licensee’s needs in respect of —
generating works; or
a transmission system operating at 200 kV or higher; or
any other electricity transmission system of a kind prescribed for the purposes of this subsection,
that Minister is to advise the licensee of that opinion and the licensee is required to acquire that interest in land or easement over land where practicable by agreement but otherwise by taking it under the Land Administration Act 1997 Part 9 as if for a public work within the meaning of that Act.
The requirement imposed by subsection (3) applies to a licensee even if the provisions of sections 28(3)(c) and 46 of the Energy Operators (Powers) Act 1979, or any of those provisions, are prescribed provisions as defined in section 45(1).
The requirement imposed by subsection (3) does not extend to land that is vested in, or otherwise occupied or managed by or on behalf of, the Crown or a public authority as defined in section 40(1).
Any costs and expenses incurred in the taking of an interest or easement under this section —
are to be paid by the licensee; and
may be recovered in a court of competent jurisdiction as a debt due by the licensee to the State.
For the purposes of this section a reference to an interest in land in the Land Administration Act 1997 Part 9 includes an easement over land.
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