ABSTRACT

This chapter discusses the rights to compensation, and outlines the appropriate procedures. Under earlier legislation sewers laid in private land vested in the statutory utility under the provisions of the appropriate statute. However, the Mines Act 1966 applies to the grant of rights for the exploitation of oil and provides for compensation, as applied by section 7 of the 1998 Act. The New Code contains rights for operators to, inter alia, install electronic communications apparatus in private land, and provisions for compensation. Where an agreement is imposed, it must include terms for the payment of a consideration. The New Code provides for the payment of a consideration for an imposed agreement, and additionally includes rights to compensation. A number of statutes provide for the right of specified authorities or industries to acquire rights over private land. The obvious example is the right of a water industry company to lay a sewer or water pipe.