40Power to dispose of land

##### 40. Power to dispose of land (1) Subject to subsection (2) but otherwise in accordance with Part 9 of the *Land Administration Act 1997*, an energy operator may sell or otherwise deal with any land, or any estate or interest in land, acquired by or vested in the energy operator for the purposes of the performance of its functions where — (a) that land, or that estate or interest, is no longer required for such purposes; or (b) that estate or interest is of a kind not considered by the energy operator to be necessary or appropriate for a particular purpose, notwithstanding that the land, or an estate or interest in the land, is required for such purposes. (2) Where any such land, estate or interest acquired by or vested in the energy operator was not acquired by way of compulsory taking for any public work sections 187, 188, 189, 190, and 191 of the *Land Administration Act 1997* shall not have effect in relation thereto. [Section 40 amended: No. 24 of 1986 s. 19; No. 89 of 1994 s. 12, 39 and 41; No. 31 of 1997 s. 26(8) and 142; No. 58 of 1999 s. 83(1) and (3).]