123Third party access to easements

123 Third party access to easements (1) A person (other than the licensee) who seeks access to a pipeline easement for the construction and operation of another pipeline or of an electric line or other facility may apply to the Minister for approval of that access if the licensee does not agree to that access. (2) An application must be in writing and be accompanied by the prescribed fee. (3) The Minister must consult with the licensee and the owner and the occupier of the land over which the easement exists before granting an approval under this section. (4) The Minister may approve access by the applicant to the pipeline easement for the construction and operation of another pipeline or of an electric line or other facility if the Minister is satisfied that— (a) the licensee does not intend to construct an additional pipeline on the easement in the foreseeable future; and (b) the new pipeline, electric line or facility can be safely added to the easement; and (c) the applicant has agreed to pay appropriate compensation to the licensee for the access, including compensation for costs incurred by the licensee for any alterations to its infrastructure that are required as a result of the additional pipeline, electric line or facility; and (d) the applicant has agreed to pay compensation to the owner and the occupier of the land over which the easement exists for any loss or damage to the owner or occupier resulting from that access. (5) The Minister must give written notice to the licensee and the owner and the occupier of the land over which the easement exists of an approval under this section. (6) A licensee must permit access to a pipeline easement in accordance with an approval under this section.