(1)It shall not be lawful for works to be executed in land for the construction of a cross-country pipe-line except under an authorisation in that behalf (in this Act referred to as a “pipe-line construction authorisation”) granted by the Minister, or otherwise than along the route delineated on the map annexed to the authorisation or within such limits of lateral deviation from that route as may be specified in the authorisation, or (except with the consent of the Minister) by a person other than the one named in the application for the authorisation as he who will be the owner of the line; and if works are executed in contravention of this subsection, the person executing them shall be liable, on summary conviction, to a fine not exceeding [F1level 3 on the standard scale].
[F2(1ZA)Subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required).]
F3[(1A)For the purposes of this section–
(a)the construction of a diversion to a pipe-line shall be treated as the construction of a separate pipe-line, and
(b)if the diversion is to a [F4nationally significant pipe-line] but the length of that pipe-line which is being diverted has not been constructed, the construction of the diversion shall be treated as the construction of a cross-country pipe-line whatever the length of the diversion.]
[F5(1B)For the purposes of subsection (1A), a pipe-line is a nationally significant pipe-line if—
(a)its construction has been authorised by a pipe-line construction authorisation, or
(b)development consent under the Planning Act 2008 is required for its construction by virtue of section 14(1)(g) of that Act, and has been granted.]
(2)The Minister, on an application for a pipe-line construction authorisation, shall have power in his discretion to grant the application or to refuse it.
(3)The provisions of Part I of the First Schedule to this Act shall have effect with respect to the making of applications for pipe-line construction authorisations, for the purpose of securing that opportunities are afforded for the making of objections to such applications and to any modifications subject to which they may be granted and with respect to other related matters therein mentioned.
(4)If, after a pipe-line construction authorisation has been granted, the execution of the works whose execution is authorised thereby has not been substantially begun at the expiration of twelve months from the date on which it was granted, or at the expiration of any extension of that period which the Minister may allow, the authorisation shall become of no effect, except as regards works previously executed.
(5)The Minister shall not allow any extension under the last foregoing subsection of the time within which the execution in any land of the works whose execution is authorised by a pipe-line construction authorisation must be begun unless he is satisfied that notice of the making of the application for the extension has been given to [F6every owner, lessee and occupier (other than tenants for a month or any period less than a month) of the land[F6every person who falls within subsection (6)]] and that sufficient time has elapsed to allow every person to whom the notice was given an opportunity of making to the Minister written objection to the application.
[F7(6)A person falls within this subsection if he is—
(a)an owner, lessee, tenant (whatever the tenancy period) or occupier of the land;
(b)a person to whom the applicant would, if it were proceeding to purchase that land under section 5(1) of the Compulsory Purchase Act 1965, be required to give notice to treat, or
(c)a person who the applicant thinks would be likely to be entitled to make a claim for compensation under section 10 of that Act if that land were purchased under a compulsory purchase order, so far as he is known to the applicant after making diligent inquiry.]
Textual Amendments
F1Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46 and (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G
F2S. 1(1ZA) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 6(2) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
F3S. 1(1A) inserted (3.4.1999) by S.I. 1999/742, art. 2, Sch. para. 2(2)
F4Words in s. 1(1A)(b) substituted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 6(3) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
F5S. 1(1B) inserted (1.3.2010) by Planning Act 2008 (c. 29), s. 241(8), Sch. 2 para. 6(4) (with s. 226); S.I. 2010/101, art. 2 (with art. 6)
F6Words in s. 1(5) substituted (E.W.) (24.5.2007) by Planning and Compulsory Purchase Act 2004 (Corresponding Amendments) Order 2007 (S.I. 2007/1519), art. 1(1), Sch. para. 4(1)(a) (with art. 1(3))
F7S. 1(6) inserted (E.W.) (24.5.2007) by Planning and Compulsory Purchase Act 2004 (Corresponding Amendments) Order 2007 (S.I. 2007/1519), art. 1(1), Sch. para. 4(1)(b) (with art. 1(3))
Modifications etc. (not altering text)
C1S. 1: transfer of certain functions (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)
S. 1: certain functions exercisable (30.6.1999) by S.I. 1999/1756, arts. 1, 2, Sch. para. 1 (with art. 8)
C2S. 1 modified (16.9.2011) by The Storage of Carbon Dioxide (Access to Infrastructure) Regulations 2011 (S.I. 2011/2305), regs. 1, 19(1)