121Clarifying ownership of certain network facilities

121 Clarifying ownership of certain network facilities (1) The purpose of this section is to remove uncertainty about the ownership of network facilities that— (a) are used, or for use, by a utility or a subsidiary of the utility in providing a utility service; and

(b) are treated by the Territory and the utility or subsidiary as being owned by the utility or subsidiary; and (c) are affixed to land owned or occupied by a person other than the utility or subsidiary. (2) The Minister may declare that this section applies to network facilities. Note Power given under an Act to make a statutory instrument includes power to make different provision for different categories, eg declarations in relation to different classes of network facilities or that apply by reference to stated exceptions (see Legislation Act, s 48). (3) A declaration must include sufficient particulars to identify the facilities to which the declaration applies. (4) A declaration is a notifiable instrument.