43Property in works

43. Property in works

(1) Where any works or other things are or have been placed upon, in, over or under any land by —

(a) an energy operator, in the performance or purported performance of its functions; or

(b) any predecessor in title of an energy operator, in relation to those works or other things,

those works or other things shall be taken to have been lawfully so placed and are, and shall at all times continue to be, the property of the energy operator, unless the energy operator has otherwise specified or may otherwise determine, and the energy operator shall be deemed to have a right of access thereto for the purposes of the performance of its functions.

(1aa) Where any works or other things are or have been placed upon, in, over or under any land by a person under an agreement or arrangement —

(a) entered into by the energy operator in the performance or purported performance of its functions; and

(b) under which the property in those works or other things is to pass to the energy operator on the occurrence of an event specified in the agreement or arrangement (the transfer event),

those works or other things shall be taken to have been lawfully so placed and, on and from the transfer event are, and shall at all times continue to be, the property of the energy operator, unless the energy operator has otherwise specified or may otherwise determine, and the energy operator shall be taken to have a right of access to them for the purposes of the performance of its functions.

(1a) Where for the purposes of any agreement or arrangement entered into by an energy operator it has transferred or conveyed to another person the property or any other interest in any works or other things placed in, over or under any land but continues to manage or maintain such works or other things whether for itself or for or on behalf of any other person the energy operator, and the transferee and any successor in title of such transferee and their servants and agents, shall be deemed to have a right of access thereto for the purposes of carrying out the agreement or arrangement.

(2) An energy operator and any person or body of persons authorised by the energy operator in that behalf may demolish or destroy on, or remove from, any land occupied by it, any plant, machinery, equipment, apparatus, buildings, road, or other works placed or constructed thereon to which subsection (1) or (1aa) applies.

[Section 43 amended: No. 36 of 1984 s. 3; No. 30 of 1987 s. 7; No. 89 of 1994 s. 14, 39, 40 and 41; No. 58 of 1999 s. 83; No. 33 of 2004 s. 41.]

[44. Deleted: No. 89 of 1994 s. 15.]