233Removal, relocation or protection of unnotified utility infrastructure

233 Removal, relocation or protection of unnotified utility infrastructure

(a) a project authority does not receive any information from a utility as required under a notice under section 232(2) or (3); or

(b) the project authority and the utility that owns, operates or controls the utility infrastructure to which a notice under section 232(2) or (3) has been given, have not, within 5 business days after the giving of the relevant notice, agreed as to the works to be carried out to, as the case requires, remove, relocate or protect the infrastructure; or

(c) the utility that owns, operates or controls the utility infrastructure to which a notice under section 232(2) or (3) has been given, has not, within 5 business days after agreeing with the project authority as to the works to be carried out, carried out the agreed works.

(2) In the case referred to in subsection (1)(a), the project authority may—

(a) in the case of utility infrastructure that is redundant—remove the infrastructure;

(b) in all other cases—

(i) relocate the infrastructure; or

(ii) carry out works to protect the infrastructure.

(3) In a case referred in subsection (1)(b) or (c), the project authority—

(a) must give the utility a reasonable estimate of the costs that the project authority will incur each day the authority cannot develop the approved project because the utility has not agreed to the works to be carried out or has not carried out the agreed works (as the case may be); and

(b) may, with the consent of the utility—

(i) in the case of utility infrastructure that is redundant—remove the infrastructure;

(ii) in all other cases—either relocate the infrastructure or carry out works to protect the infrastructure.

(4) The project authority must carry out an activity referred to in subsection (2) or (3) to a standard that results in the utility infrastructure having—

(a) the same or a similar technical capability after the carrying out of that activity; and

(b) at least the same remaining operating life as it had before the carrying out of an activity referred to in subsection (2) or (3).

(5) The project authority is liable to the utility for all direct costs incurred by the utility as a result of the carrying out of an activity referred to in subsection (2) or (3)—

(b) on the basis that the utility makes all reasonable efforts to mitigate its loss.

(6) However, the project authority is not liable for any loss or damage suffered by the utility as a result of the carrying out of an activity referred to in subsection (2) or (3) that—