19Taking of land or easement over land for the purposes of or incidental to construction or operation of pipeline

##### 19. Taking of land or easement over land for the purposes of or incidental to construction or operation of pipeline (1) Subject to subsection (2), for the purpose of carrying out any function authorised by a licence or any other function necessary for the efficient operation of the pipeline in respect of which the licence is granted or necessarily incidental to the operation of the pipeline, the Minister may, on the application of the licensee and at his expense in all things, take under Part 9 of the *Land Administration Act 1997*, as if for a public work within the meaning of the *Public Works Act 1902*, any land or any easement over any land whether for the time being subsisting or not. (2) Subsection (1) does not apply unless the Minister is satisfied that the licensee, after making reasonable attempts to do so, has been unable to acquire the land or easement over the land by agreement with the owner thereof. (3) For the purposes of giving effect to this section — (a) the word land in Part 9 of the *Land Administration Act 1997* shall be construed as including an easement over land; (b) on the taking of the land or easement over the land under this section, the land or easement, as the case may be, shall vest in the licensee and all proceedings subsequent thereto in respect of compensation, or otherwise for the purpose of complying with Parts 9 and 10 of the *Land Administration Act 1997*, shall be taken against the licensee, who shall be deemed to be the respondent and shall be liable in respect of the taking to the same extent as the Minister administering that Act would have been liable if the taking had been for the purpose of a public work. (4) Where an easement is acquired or taken over any land pursuant to this Act a description of the easement and a notification that it has been so taken, together with a plan showing the location of the easement over that land, shall, if the easement is over land — (a) that is under the operation of the *Transfer of Land Act 1893* or *Land Administration Act 1997*, be sent by the licensee to the Registrar of Titles, who shall duly record on the document of title relating to the land a statement or entry thereof; or (b) that is not under the operation of that Act, be sent by the licensee to the Registrar of Deeds and Transfers, who shall, by memorial in the Register of Deeds, duly record the notification of the easement. [Section 19 amended: No. 31 of 1997 s. 77(2)‑(4) and 142; No. 47 of 2011 s. 16.]