In force2020 Revised Edition

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Common Services Tunnels Act 2018 · 2020 Revised Edition · Part 4 · Powers in Relation to Common Services Tunnel and Ancillary Facilities

9. Power to access common services tunnel

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(1)

An authorised person may enter any land situated within a common services tunnel area in order —

(a)

to carry out any inspection or survey of the common services tunnel within that area or any ancillary facility of such a common services tunnel; and

(b)

to carry out any work and do all things necessary for —

(i)

the maintenance and repair of the common services tunnel within that area or any ancillary facility of such a common services tunnel, or both; or

(ii)

the laying, placing, installing, housing, maintenance and repair of utility services infrastructure within the common services tunnel within that area.

(2)

For the purposes of subsection (1), an authorised person must not enter any land that is occupied without giving the owner or occupier of the land at least 7 days’ notice of intention to do so unless —

(a)

the authorised person is of the opinion that an emergency exists which necessitates immediate entry; or

(b)

the entry is required only for the purpose of an inspection or a survey.

(3)

A notice of intention mentioned in subsection (2) —

(a)

must describe the purpose of the entry and the nature of any work to be carried out; and

(b)

is, despite section 22, deemed to be given to and received by an owner or occupier of the land if a written notice is affixed to a conspicuous part of the land to be entered.

(4)

The authorised person may —

(a)

as the occasion requires and without notice, enter and re‑inspect and re‑survey any land in respect of which any of the powers contained in subsection (1) have been exercised; and

(b)

in relation to that land, exercise such powers as often as the occasion may require.

(5)

Any authorised person under this section entering any land must, if so required by the owner or occupier of the land, produce evidence of the authorised person’s authority before so entering.

(6)

An authorised person is not liable to pay any owner or occupier of any private land any fee, charge or expense on account of any entry to the land or of anything done to the land under this section.

(7)

In this section —

“authorised person” means —

(a)

an authorised officer; or

(b)

any of the following persons authorised in writing by an authorised officer for the purposes of this section:

(i)

a public officer;

(ii)

an employee of a public authority;

(iii)

a contractor;

(iv)

a supplier of utility services which utility services infrastructure are, or are required to be, laid, placed, installed or housed within a common services tunnel;

(v)

an employee or agent of a contractor mentioned in sub‑paragraph (iii) or of a supplier of utility services mentioned in sub‑paragraph (iv);

“contractor” means a person appointed or engaged by a CST Authority or a public authority to do one or both of the following:

(a)

to carry out inspections or surveys of a common services tunnel or any ancillary facility of a common services tunnel;

(b)

to carry out work, and do all things necessary, for the maintenance and repair of a common services tunnel or any ancillary facility of a common services tunnel.

Terms defined in s 2

ancillary facility
Defined · s 2
“ancillary facility”, in relation to a common services tunnel, means —(a)any electrical substation, electrical switch room, generator set room or control centre used for the purposes of the common services tunnel; and(b)any ancillary structure;
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authorised officer
Defined · s 2
“authorised officer” means an authorised officer appointed under section 5(1);
Open s 2
authorised person
Defined · s 2
“authorised person” has the meaning given by section 9(7);
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common services tunnel
Defined · s 2
“common services tunnel” or “CST” means a system of underground concrete structures within a common services tunnel area used or intended to be used for the purpose of the housing and distribution of utility services to land within and outside the area;
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common services tunnel area
Defined · s 2
“common services tunnel area” or “CST area” means an area declared as a common services tunnel area under section 6;
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CST Authority
Defined · s 2
“Common Services Tunnels Authority” or “CST Authority”, in relation to any provision of this Act or CST area, means —(a)any CST Authority appointed under section 4 to be responsible for the administration of that provision; and(b)if different CST Authorities are appointed under section 4 for different CST areas, the CST Authority appointed for that CST area;
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land
Defined · s 2
“land” includes buildings, premises, easements and hereditaments of any tenure;
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occupier
Defined · s 2
“occupier” means a person in occupation of any land and includes the person having the charge, management or control of the land either on his or her own account or as an agent of another person;
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private land
Defined · s 2
“private land” means any land other than public land;
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public authority
Defined · s 2
“public authority” means a body established or constituted by or under a public Act to perform or discharge a public function;
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utility services infrastructure
Defined · s 2
“utility services infrastructure” means any cables, wires, lines, pipes, or ducts used, or for use, in relation to the provision of any utility service, and includes any of the following:(a)powerlines, substations and equipment for monitoring, distributing, converting, transforming or controlling electricity;(b)pipelines, meters or equipment (such as pressure control devices, excess flow valves, actuators, electrical equipment, telemetry equipment and protection installations) used, or for use, in relation to the transmission or distribution of gas;(c)water storages, mains and treatment plants, pumps, facilities and equipment for distributing water, or monitoring or controlling the distribution of water for supply to premises;(d)sewerage storages, trunk sewers, mains and treatment plants, pumps, facilities and equipment for conveying sewerage, or monitoring or controlling the conveyance of sewerage.
Open s 2

Report

Read on from s 10

Part 5

Offences and Enforcement

Read on from Part 5

Part 6

Miscellaneous

Read on from Part 6