108.Where it has not been possible, through agreement, for the undertaker to acquire land or an easement or right over land that has been determined as essential to the fulfilment of its duties, it may apply to the Department for an order (vesting order) compulsorily acquiring it. The Department has power (Article 216) to make such a vesting order. Schedule 7 sets out the restrictions on this power including the need to attain a resolution of the Assembly in respect of certain pieces of land where objections to the acquisition have been made by the landowner.
109.Where the undertaker wishes to carry out engineering or building works or to discharge water into any inland water or underground strata but cannot do so through agreement with the landowner it may apply to the Department for a compulsory works order under Article 228 to carry out such engineering/ building works or to discharge water. The procedures and restrictions applying to such orders are set out in Schedule 9 which also makes provision for dealing with objections and compensation.
110.The Department’s consent is required prior to the disposal by the undertaker of any protected land (as defined in Article 2).