148Powers as to works etc.

148 Powers as to works etc. (1) Subject to and for the purposes of this Act, a gas distribution company or gas transmission company may— (a) after giving 7 days' notice in writing to the occupier, enter upon any lands and make surveys and do any other acts or things necessary for making surveys; and (b) with any pipes, equipment or other devices, receive, store or convey gas over, or under, any land; and (c) after giving 7 days' notice in writing to the occupier, enter on any land on either side of any pipes, equipment or other devices referred to in paragraph (b), and fell or remove any tree or part of a tree or any obstruction which in the opinion of the gas distribution company or gas transmission company it is necessary to fell or remove; and (d) after giving 7 days' notice in writing to the occupier, enter upon any public or private land or roads and construct any works or place on under or over any land any pipeline, work, structure or equipment and may repair, alter or remove any such pipeline, work, structure or equipment or any works under its control; and (e) do all other things necessary or convenient for constructing, maintaining, altering, or using any pipelines, works or undertakings of the gas distribution company or gas transmission company. (2) A notice need not be given under subsection (1)(a), (c) or (d)— (a) if the occupier consents to the entry and the doing of the things for which the entry is made; or (b) in an emergency. (3) Despite subsection (1), a gas distribution company or gas transmission company must not enter land that is used primarily for residential purposes between 6.00 pm and 7.30 am unless the occupier consents. (4) In the exercise of the powers under subsection (1), a gas distribution company or gas transmission company— (a) must not stay on the land any longer than is reasonably necessary; and (b) if the powers relate to the carrying out of works, must, on completing the works, remove from the land all materials brought on to the land for the purposes of those works other than anything that the owner or occupier of the land agrees may be left on the land; and (c) must leave the land as nearly as possible in the same condition as it was in before the exercise of the powers; and (d) must co-operate as much as possible with the owner and occupier of the land. (5) In the exercise of the powers under subsection (1), a gas distribution company or gas transmission company must do as little damage as possible and must, if required within 2 years from the exercise of the powers, make full compensation to the owner of and all parties interested in any land for any damage sustained by them in consequence of the exercise of the powers. (6) Compensation under subsection (5) shall be either a gross sum or a yearly rent as may be agreed and, in default of agreement, shall be determined in the manner provided in the **Land Acquisition and Compensation Act 1986**. (7) A gas distribution company or gas transmission company may exercise its powers under this section by its officers or employees or by any other person authorised in writing by it or by the officers or employees of any such person. S. 148(8) amended by Nos 62/2001 s. 77(c)(ii)(d), 41/2021 s. 68, 13/2024 s. 3(Sch. 1 item 6.1). (8) This section applies subject to any provision of a Code of Practice about the entry on land by a gas distribution company or gas transmission company.