59HTermination of infrastructure licence if no operations for 5 years

#### 59H Termination of infrastructure licence if no operations for 5 years (1) If an infrastructure licensee: (a) has not carried out any construction work under the infrastructure licence for a continuous period of at least 5 years; and (b) has not used the facilities constructed under the infrastructure licence for a continuous period of at least 5 years; the Joint Authority may, by written notice served on the infrastructure licensee, inform the infrastructure licensee that the Joint Authority proposes to terminate the infrastructure licence after the end of one month after the notice is served. (2) At any time after the end of one month after the notice referred to in subsection (1) is served on the infrastructure licensee, the Joint Authority may, by written notice served on the infrastructure licensee, terminate the infrastructure licence. (3) In working out, for the purposes of subsection (1), the duration of the period in which an infrastructure licensee did not carry out any construction work under the infrastructure licence or did not use the facilities constructed under the infrastructure licence, any period in which construction work was not carried out, or the facilities were not used, because of circumstances beyond the infrastructure licensee’s control is to be disregarded.