232Notification in relation to unnotified utility infrastructure

232 Notification in relation to unnotified utility infrastructure

(1) This section applies if a project authority, during the carrying out of work for the development of the approved project, discovers within the project area—

(a) unnotified utility infrastructure of the kind described in section 209(a); or

(b) unnotified utility infrastructure of the kind described in section 209(b) and there is no utility agreement, or approved utility agreement, in force that governs the rights and liabilities of the project authority and the utility that owns, operates or controls that infrastructure in cases where such infrastructure is discovered during the carrying out of works for the development of the approved project.

(2) In the case referred to in subsection (1)(a), the project authority must give written notice to all utilities in accordance with this section.

(3) In the case referred to in subsection (1)(b), the project authority must give written notice to the utility that owns, operates or controls the utility infrastructure.

(4) A notice under subsection (2) or (3) must—

(a) identify and describe the utility infrastructure; and

(b) specify the location of the utility infrastructure; and

(c) state that—

(i) the project authority intends to remove, relocate or protect the infrastructure (as the case requires); and

(ii) the utility that owns, operates or controls the utility infrastructure has 5 business days within which to—

(A) agree to the project authority to carry out works to remove, relocate or protect the infrastructure; or

(B) carry out the works itself to remove, relocate or protect the infrastructure; and

(d) state that if the utility does not agree as to the works to be carried out, or does not itself carry out the works, to remove, relocate or protect the infrastructure, the utility is liable to the project authority for the costs referred to in section 233(8).