8Where plant situated on more than one area of land

8 Where plant situated on more than one area of land

(1)  If a plant is situated partly on one area of land (the first area of land) and also partly on another area of land (thesecond area of land) –

(a) the first area of land is to be taken to be affected by the plant as if the plant were situated wholly on the second area of land if, were the plant so situated, the first area of land would be taken under section 7 to be land affected by the plant, but is only to be so taken to be affected by the plant to the extent to which the plant is situated on the second area of land; and

(b) the second area of land is to be taken to be affected by the plant as if the plant were situated wholly on the first area of land if, were the plant so situated, the second area of land would be taken under section 7 to be land affected by the plant, but is only to be so taken to be affected by the plant to the extent to which the plant is situated on the first area of land.

(2)  Despite subsection (1) , a reference in Division 2 of Part 4 to –

(a) the owner of land on which a plant is situated is to be taken to include a reference to the owner of the first area of land and to the owner of the second area of land; and

(b) the landholder in relation to an area of land is to be taken to include a reference to the landholder in relation to the first area of land and to the landholder in relation to the second area of land –

and an order under that Division may be issued to both an owner of the first area of land and an owner of the second area of land, as if they were the joint owners of both areas of land, or to either an owner of the first area of land or an owner of the second area of land.