In forceAmended2020 Revised Edition

Contents

Gas Act 2001 · 2020 Revised Edition · Part 6 · Gas Retailers, Gas Importers and General Provisions

60. Procedure for rights of entry on land

Amended

Last amended by an amending law of 2007.

(1)

Except as otherwise provided in this Act and subject to the provisions of this section, a gas transporter, gas shipper or gas retailer authorised to enter upon any land or premises under this Act must not do so unless —

(a)

it has given the required notice in accordance with this Act, or where no particular requirement is made, 14 days’ notice of the intended entry, such notice to be in accordance with subsection (3) and stating as fully and accurately as possible the acts intended to be done; and

(b)

it, or any person authorised by it, has produced a duly authenticated document as evidence of its authority.

(2)

Where a gas transporter, gas shipper or gas retailer is authorised to enter upon any land or premises under this Act, it must do so at a reasonable time.

(3)

Any notice referred to in subsection (1)(a) must —

(a)

where the land is occupied, be given to the occupier;

(b)

where the land is not occupied, be given to the owner if the owner’s name and address are known or can with reasonable diligence be ascertained;

(c)

where the land is not occupied and the name and address of the owner cannot be ascertained with reasonable diligence, be exhibited in some conspicuous part of the premises not less than 48 hours before the premises are entered; and

(d)

where the land is used or reserved for any public purpose, be given to the officer or other person in charge of the execution of that purpose.

(4)

For the purpose of giving a notice referred to in subsection (1)(a), the gas licensee or person authorised by the gas licensee is entitled to enter the premises.

(5)

Where, in the exercise of any right of entry conferred by or under this Part, any damage is caused to any premises or to any movable property, any person interested in the premises or movable property may recover reasonable compensation as may be agreed in respect of that damage from the gas licensee on whose behalf the power is exercised.

(6)

For the purposes of this Part, “premises”, where the context requires, includes a building or structure or other place in which gas is escaping or suspected to be escaping.