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The Gas (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Avoidance of damage to pipe-lines by buildings, &c.

Power of Department, where pipe-line imperilled by building or structure, to order demolition thereof or execution of remedial works

56.—(1) If, without the consent of the Department, a person so erects or constructs a building or structure that a part of it is situated less than 3 metres from a point on the surface of land whose position is vertically above a part of a pipe-line below the surface, the provisions of paragraphs (2) to (5) shall have effect, except in a case where paragraph (6) applies.

(2) The Department may serve on the owner or owners of the building or structure in question and on the owner of the pipe-line notice of the time (being some time not less than 21 days from the date of the service of the notice) and place at which the question of ordering the building or structure to be demolished or (in lieu thereof) works to be executed for the safeguarding of the pipe-line will be considered by the Department, and the owners of the building or structure and the owner of the pipe-line shall be entitled to be heard when that question is so considered.

(3) If, after taking that question into consideration, the Department is satisfied that it is impracticable to safeguard the pipe-line in question otherwise than by means of the demolition of the building or structure in question or of a part thereof, it may make a demolition order requiring that the building or structure or that part thereof shall be demolished, and that (in the case of a building) the building, or such part thereof as is required to be vacated for the purposes of the demolition, shall be vacated within 2 months from the date which the order becomes operative.

(4) If, after taking that question into consideration, the Department is satisfied that the pipe-line in question can be safeguarded by the execution to the building or structure in question of any works in lieu of the demolition thereof (in whole or in part), it may make an order requiring the execution thereto of such works as may be specified in the order.

(5) If, after taking that question into consideration, the Department is satisfied that the pipe-line in question can be safeguarded by the execution, in lieu of the demolition (in whole or in part) of the building or structure in question, of works to the pipe-line, it may make an order requiring the execution thereto of such works as may be specified in the order.

(6) Paragraphs (2) to (5) shall not have effect in the case of—

(a)a building or structure forming part of a pipe-line or erected or constructed for the lodging therein of part of a pipe-line, being a building or structure no part of which is situated less than 3 metres from a point on the surface of land whose position is vertically above a part of another pipe-line below the surface; or

(b)a building or structure in which a pipe-line or any part of a pipe-line is terminated.

(7) Where the Department makes an order under this Article, it shall—

(a)in the case of an order under paragraph (3) or (4), serve a copy of it on the owner of the building or structure in question; and

(b)in the case of an order under paragraph (5), serve a copy of it on the owner of the pipe-line in question.

(8) Schedule 4 shall have effect in relation to demolition orders under paragraph (3) and orders under paragraphs (4) and (5).

Power of the Department to remove deposits imperilling pipe-line

57.—(1) Subject to paragraph (2), if, without the consent of the Department, a person so deposits any earth, refuse, spoil or other materials that any of the materials deposited are situated less than 3 metres from a point on the surface of land whose position is vertically above a part of a pipe-line below the surface, the Department may—

(a)enter and remove the materials deposited; and

(b)recover the expenses reasonably incurred by it in so doing from the owner of the land on which the materials were deposited or, if there is more than one owner, from the owners thereof in such shares as the court may determine to be just and equitable.

(2) Paragraph (1) does not apply to materials deposited—

(a)for the purposes or in the course of agricultural operations, not being operations for the storage of crops, grass or silage; or

(b)in the course of executing street works within the meaning of the Street Works (Northern Ireland) Order 1995.

(3) An owner of land who pays to the Department the full amount of a claim by it under paragraph (1) may recover from any other owner of the land such contribution, if any, as the court may determine to be just and equitable.

(4) The county court within whose jurisdiction the land is situated shall have jurisdiction to hear and determine any proceedings under paragraph (1) or (3); and in determining for the purposes of either of those paragraphs the shares in which any expenses shall be paid or contributed by two or more owners of any land, a county court shall have regard to their respective interests in the land and all the other circumstances of the case.

Compensation in respect of restrictions under Articles 56 and 57

58.—(1) Where works for the construction of a pipe-line have been executed (whether before or after the coming into operation of this Article) and the value of an interest in land is depreciated in consequence of restrictions taking effect by virtue of Article 56(1) or 57(1) being an interest subsisting at the time when those restrictions take effect as respects that land, then, subject to paragraph (2), there shall be payable in respect of that interest by the owner of the pipe-line compensation of an amount equal to the amount of the depreciation.

(2) Paragraph (1) shah not apply—

(a)where land is acquired, whether compulsorily or by agreement, for the purpose of placing therein a length of pipe-line, to land which, immediately before the acquisition, comprised or was held with the land so acquired;

(b)to land comprising or held with land over which a right to place therein a length of pipe-line has been acquired, whether compulsorily or by agreement (otherwise than by virtue of the acquisition of the land).

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