Section 28

Where any part of a district cooling system has been laid, placed, carried or erected on, under, upon or over any land, and any owner of the land desires to use the land in such manner as to render it necessary or convenient that that part of the district cooling system should be removed to another part of the land, or to a higher or lower level, or altered in form, the owner of the land may require the licensee to remove or alter that part of the district cooling system accordingly.

If the licensee fails to comply with the requisition, the owner of the land may apply in writing to the Authority and the Authority must, as soon as practicable, specify a date to inquire into the facts of the case.

Upon the conclusion of the inquiry, the Authority may require, subject to any terms, conditions and stipulations that it thinks fit, the removal or alteration of such part of the district cooling system.

Where any owner of any land desires to use the land for the purposes of development and the owner considers it necessary that any part of a district cooling system that has been laid, placed, carried or erected on the land should be removed from the land, the owner may request the licensee to remove that part from the land.

Where the licensee undertakes the work of removal pursuant to the owner’s request under subsection (4), the owner is liable to pay reasonable compensation to the licensee.

If the licensee does not intend to undertake the work of removal pursuant to the owner’s request under subsection (4), the licensee must, by written notice, inform the owner and the Authority of its intention and the Authority must specify a date not less than 14 days from the date of the notice to inquire into the facts of the case, and the decision of the Authority is binding on the licensee and the owner.

Where any part of a district cooling system has been laid, placed, carried or erected on, under, upon or over any land and that part of the district cooling system is no longer in use for district cooling purposes, the licensee may, on its own volition, or must, at the request of the owner of that land, remove that part of the district cooling system from that land within a reasonable time at its own cost and expense and compensate the owner for any damage done in the process of removing that part of the district cooling system.

Any person aggrieved by any decision of the Authority under this section may, within 14 days of the decision, appeal to the Minister whose decision is final.

This section does not apply where a contrary intention has been expressed by the owner of the land and the licensee by agreement.

In this section, “owner” includes any person having a leasehold interest with an unexpired term of not less than 7 years.