Division 1Division 1 Powers and duties relating to gas works
47 Erection and placement of gas works
(1) This section applies to work connected with the erection, installation, extension, alteration, maintenance and removal of gas works.(2) For the purposes of this Act, a network operator:(a) may carry out work to which this section applies, and(b) in particular, may carry out any such work on a public road.(3) Work to which this section applies is exempt from the requirement for an approval under the Local Government Act 1993 except in relation to buildings.(4) However, no such work (other than routine connections, repairs or maintenance work) may be carried out unless:(a) notice of the proposal to carry out the work has been given to the local council, and(b) the local council has been given a reasonable opportunity (being at least 40 days from the date on which the notice was given) to make submissions to the network operator in relation to the proposal, and(c) the network operator has given due consideration to any submissions so made.(5) Subsection (4) does not apply to the carrying out of any such work to cope with emergencies.
(1) If a public road or public reserve is damaged by any work carried out by a network operator, the local council or roads authority may require the network operator to make good the damage without delay.(2) If the network operator fails to carry out appropriate work in accordance with any such requirement, the local council or roads authority may carry out the work itself.(3) The cost of carrying out the work may be recovered by the local council or roads authority in a court of competent jurisdiction as a debt owed to it by the network operator.
49 Altering position of conduits
(1) A network operator may serve a written notice on a person if:(a) the network operator needs an alteration to be made in the position of a conduit owned by the person, and(b) the alteration would not permanently damage the conduit or adversely affect its operation.(2) The notice:(a) must specify the work to be carried out, and(b) must specify a reasonable time within which the work is to be carried out, and(c) must include an undertaking by the network operator to pay the reasonable cost of carrying out the work.(3) If the work is not carried out as required by the notice, the network operator may carry out the work in a manner that does not permanently damage the conduit or adversely affect its operation.(4) In this section, conduit means anything that is in or under a public road (or any other land on which no building or other structure is located) and is used for the conveyance of a substance, energy or signals.
(1) This section applies if a network operator has reasonable cause to believe that any structure of thing placed in, on or near its gas works is destroying, damaging or interfering with those works.(2) In those circumstances, a network operator:(a) may serve a written notice on the person having control of the structure or thing requiring that person to modify or remove it, or(b) in an emergency, may, at its own expense, modify or remove the structure or thing itself.(3) A notice under subsection (2) (a):(a) must specify the work to be carried out, and(b) must specify a reasonable time within which the work is to be carried out.(4) If the person fails to carry out the work in accordance with the requirement, the network operator may carry out the work itself.(5) The costs of:(a) carrying out the work, and(b) repairing any damage done to the network operator’s gas works by the structure or thing,may be recovered by the network operator in a court of competent jurisdiction as a debt owed to it by the person.(6) A network operator may apply for an injunction to prevent a structure or thing being placed in, on or near its gas works.
50A Excavation work affecting gas works
(1) This section applies if a network operator has reasonable cause to believe that the carrying out or proposed carrying out of excavation work in, on or near its gas works:(a) could destroy, damage or interfere with those works, or(b) could make those works become a potential risk to public safety.(2) In those circumstances, a network operator may serve a written notice on the person carrying out or proposing to carry out the excavation work requiring the person:(a) to modify the excavation work, or(b) not to carry out the excavation work, but only if the network operator is of the opinion that modifying the excavation work will not be effective in preventing the destruction or damage of, or interference with, the gas works concerned or in preventing those works becoming a potential risk to public safety.(3) A notice under subsection (2) must specify the excavation work that is to be modified or not carried out.(4) A network operator may recover the following costs in a court of competent jurisdiction as a debt owed to it by a person who carried out excavation work the subject of a notice under subsection (2):(a) the costs incurred in replacing any of the network operator’s gas works destroyed by the excavation work,(b) the costs incurred in repairing any damage to the network operator’s gas works caused by the excavation work,(c) the costs incurred in remedying or mitigating any interference with the network operator’s gas works caused by the excavation work.(5) A network operator may apply for an injunction to prevent the carrying out of excavation work in, on or near its gas works.(6) A network operator may take action under this section even if the person carrying out the excavation work owns or occupies the land in, on or over which the network operator’s gas works are situated.
51 Charges for placement of gas works
No annual or other periodic or special charge is payable by a network operator to a local council or roads authority in respect of any gas works located in a public reserve or public road or in respect of the space in a public reserve or public road that is occupied by any such works.
(1) A network operator is the owner of its gas works, whether or not the land in, on or over which they are situated is owned by the network operator.(2) A network operator’s gas works are not to be taken in execution of any judgment against a person other than the network operator under any process of a court.(3) The provisions of this section have effect despite anything contained in section 42 of the Real Property Act 1900.
53 Interruption to gas supply for maintenance
A network operator may interrupt the supply of gas to a customer, at such reasonable times as the network operator determines:(a) for the purpose of inspecting, testing or carrying out repairs or maintenance work on its gas works, or(b) for such other purpose as the network operator considers necessary for the safe and efficient operation of its gas works.
54 Liability for failure of gas supply
A network operator is not liable for any loss suffered by any person as a consequence of any failure to supply gas, or of any defect in that supply, if the failure or defect arises from causes beyond the network operator’s control.