Clause 26

Where, in the opinion of a gas transporter, any tree or vegetation near any part of the gas transporter’s gas pipeline, gas pipeline network, or gas plant or any internal pipe causes or is likely to cause damage to such gas pipeline, network, plant or pipe, the gas transporter may cause the tree or vegetation to be felled, lopped, cleared or dealt with in such other manner as will, in its opinion, prevent the damage.

A gas transporter shall, in the exercise of its powers under subsection (1), be subject to the provisions of the National Parks Act (Cap. 198A) and the Parks and Trees Act (Cap. 216).

Where any tree or vegetation which has been felled, lopped, cleared or otherwise dealt with under subsection (1) was in existence before the gas transporter’s gas pipeline or gas pipeline network, or gas plant was placed, erected or installed, the gas transporter shall, subject to subsections (4) and (5), pay to any person adversely affected such sum as may be agreed between the gas transporter and the person by way of compensation.

No further compensation shall be paid for the felling, lopping, or clearing of any tree or vegetation where the action is necessary for the maintenance of a gas transporter’s gas pipeline or gas pipeline network, or gas plant or any internal pipe and the tree or vegetation has grown or has been allowed to grow since the payment of compensation under subsection (3).

No compensation shall be payable by a gas transporter under subsection (3) in respect of any tree or vegetation within 20 metres of the centre line of any road constructed or maintained by the Government or by any public authority unless it is proved that the tree or vegetation was in existence prior to the construction of the road.

Where the owner or occupier of any land fells, lops or clears any tree or vegetation adjacent to a gas transporter’s gas pipeline or gas pipeline network or gas plant, the owner or occupier shall give the gas transporter 14 days’ notice in writing of his intention to do so and shall take such reasonable precautions as the gas transporter may require for the protection of such pipeline, pipeline network or plant.

If any such owner or occupier fails to give notice under subsection (6), or having given notice fails to take any such reasonable precautions as the gas transporter may have required, he shall be liable to pay the gas transporter the reasonable cost and expense incurred by the gas transporter for any damage caused to any such gas pipeline or gas pipeline network, pipe or plant, subject to the Authority’s approval in the case of any dispute.

If any tree or vegetation is felled, lopped or cleared upon any land adjacent to a gas transporter’s gas pipeline network or gas plant, it shall be presumed until the contrary is proved that the tree or vegetation was felled, lopped or cleared by the owner or occupier of the land or by his employees or agents acting as such.