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Section 31

Removal or alteration of pipeline or piping system

of Gas Supply Enactment 2023

State EnactmentIn forceProvision 31 of 80
Section 31
(1)

Where any —

(a)

pipeline for the regasification or transportation of gas has been installed on land under paragraph 28(1)(a); or

(b)

pipeline for the distribution of gas or piping system has been installed on land under paragraph 28(1)(b), and if any of the persons mentioned in subsection 28(6) desires to use the land in such a manner as to render it necessary or convenient that the pipeline or piping system referred to in paragraphs 28(1)(a) and (b) should be removed to another part of the land, or to land at a higher or lower level, or be altered in form, he may require the licensee to remove or alter such pipeline or piping system accordingly.

(2)

For the purposes of paragraph (1)(a), the regasification or transportation licensee shall comply with the requirements of the relevant authority having jurisdiction over safety of the regasification terminal or transmission pipelines.

(3)

For the purposes of paragraph (1)(b), the distribution, retail or private gas licensee shall comply with the requirements as may be determined by the Commission over safety of the distribution pipeline or piping system.

(4)

If the licensee omits to comply with the requisition, the person may apply in writing to the

Director which may, in his discretion, after inquiring into all the facts of the case, reject the application or make an order, either absolutely or subject to certain conditions, for the removal or alteration of the pipeline or piping system and the order shall provide for the payment of the cost of executing the removal or alteration by the licensee or by the person making the application, as the Director may consider equitable in the circumstances of the case.

(5)

The Director may, instead of himself inquiring into a case under this subsection, direct the

Collector to make such inquiry on his behalf and to make recommendations to him.

(6)

Whenever the Director has made an order for the removal or alteration of any pipeline or piping system, the licensee may, instead of removing or altering the pipeline or piping system,

28

apply to the Director for the acquisition of such land as is required for the purposes of the pipeline or piping system.

(7)

The pipeline or piping system referred to in subsection (6) shall be deemed to be a work for public utility and the Land Acquisition Ordinance shall be enforced accordingly.

(8)

Whenever a pipeline or piping system has been installed on State land by a licensee and the land is subsequently alienated to any person, the owner or occupier of the land may, unless the terms of alienation expressly provide otherwise, require the removal of the pipeline or piping system to another part of the land, or to land at a higher or lower level, or the alteration of the pipeline or piping system, and subsections (1) to (5) shall apply to any such requisition and the cost of executing the removal or alteration shall be defrayed by the person making the requisition.