sec.328Replacement or reconstruction of public utility plant

### sec.328 Replacement or reconstruction of public utility plant If the carrying out of busway transport infrastructure works on busway land by or for the chief executive requires taking away or replacing public utility plant, the chief executive can not be compelled to replace or reconstruct the plant in its previous location and form. If the plant is replaced or reconstructed— it must be done under the chief executive’s requirements; and it must be at the chief executive’s expense, but the cost to the chief executive of replacement or reconstruction may be reduced by agreement between the chief executive and the public utility provider owning the plant after taking into account— the remaining life of the plant; and the salvage or scrap value of the plant; and additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and additional expense incurred because the plant was not constructed in accordance with the chief executive’s requirements. s 328 ins 2000 No. 40 s 13 (sec.328-ssec.1) If the carrying out of busway transport infrastructure works on busway land by or for the chief executive requires taking away or replacing public utility plant, the chief executive can not be compelled to replace or reconstruct the plant in its previous location and form. (sec.328-ssec.2) If the plant is replaced or reconstructed— it must be done under the chief executive’s requirements; and it must be at the chief executive’s expense, but the cost to the chief executive of replacement or reconstruction may be reduced by agreement between the chief executive and the public utility provider owning the plant after taking into account— the remaining life of the plant; and the salvage or scrap value of the plant; and additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and additional expense incurred because the plant was not constructed in accordance with the chief executive’s requirements. - (a) it must be done under the chief executive’s requirements; and - (b) it must be at the chief executive’s expense, but the cost to the chief executive of replacement or reconstruction may be reduced by agreement between the chief executive and the public utility provider owning the plant after taking into account— (i) the remaining life of the plant; and (ii) the salvage or scrap value of the plant; and (iii) additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and (iv) additional expense incurred because the plant was not constructed in accordance with the chief executive’s requirements. - (i) the remaining life of the plant; and - (ii) the salvage or scrap value of the plant; and - (iii) additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and - (iv) additional expense incurred because the plant was not constructed in accordance with the chief executive’s requirements. - (i) the remaining life of the plant; and - (ii) the salvage or scrap value of the plant; and - (iii) additional expense incurred because of inaccurate information supplied by the provider about the location of the plant; and - (iv) additional expense incurred because the plant was not constructed in accordance with the chief executive’s requirements.