sec.428Costs of pipeline works caused by public road construction

### sec.428 Costs of pipeline works caused by public road construction This section applies if— a public road authority constructs, or changes, a public road; and the road, or the road as changed, affects the safety, location or operation of— a pipeline constructed, or operated, or proposed to be constructed or operated; or infrastructure constructed, or operated, or proposed to be constructed or operated, in the carrying out of a stated pipeline licence incidental activity; and because of the effects, it is necessary for the holder of the pipeline licence for the pipeline to carry out works relating to the pipeline or the infrastructure. The holder must bear the holder’s own costs of carrying out the works if— the road existed before the pipeline or infrastructure was constructed; or the road is constructed on an area that was dedicated to public use as a road before the pipeline or infrastructure was constructed. Otherwise, the holder may recover from the authority as a debt any reasonable costs the holder incurs in carrying out the works. s 428 amd 2013 No. 10 s 185 (sec.428-ssec.1) This section applies if— a public road authority constructs, or changes, a public road; and the road, or the road as changed, affects the safety, location or operation of— a pipeline constructed, or operated, or proposed to be constructed or operated; or infrastructure constructed, or operated, or proposed to be constructed or operated, in the carrying out of a stated pipeline licence incidental activity; and because of the effects, it is necessary for the holder of the pipeline licence for the pipeline to carry out works relating to the pipeline or the infrastructure. (sec.428-ssec.2) The holder must bear the holder’s own costs of carrying out the works if— the road existed before the pipeline or infrastructure was constructed; or the road is constructed on an area that was dedicated to public use as a road before the pipeline or infrastructure was constructed. (sec.428-ssec.3) Otherwise, the holder may recover from the authority as a debt any reasonable costs the holder incurs in carrying out the works. - (a) a public road authority constructs, or changes, a public road; and - (b) the road, or the road as changed, affects the safety, location or operation of— (i) a pipeline constructed, or operated, or proposed to be constructed or operated; or (ii) infrastructure constructed, or operated, or proposed to be constructed or operated, in the carrying out of a stated pipeline licence incidental activity; and - (i) a pipeline constructed, or operated, or proposed to be constructed or operated; or - (ii) infrastructure constructed, or operated, or proposed to be constructed or operated, in the carrying out of a stated pipeline licence incidental activity; and - (c) because of the effects, it is necessary for the holder of the pipeline licence for the pipeline to carry out works relating to the pipeline or the infrastructure. - (i) a pipeline constructed, or operated, or proposed to be constructed or operated; or - (ii) infrastructure constructed, or operated, or proposed to be constructed or operated, in the carrying out of a stated pipeline licence incidental activity; and - (a) the road existed before the pipeline or infrastructure was constructed; or - (b) the road is constructed on an area that was dedicated to public use as a road before the pipeline or infrastructure was constructed.