—(1) Subject to the provisions of this Act, a gas transporter may, in order to carry out the activities which it is authorised by its gas transporter’s licence to carry out —
install in, on, over, under, upon, along or across any land, premises, street or waters and inspect, maintain, adjust, repair, alter, restore, replace or remove any gas pipeline, gas plant or gas fitting which is or is to be part of its gas pipeline network; and
carry out such activities as are necessary or incidental to the activities falling within subsection (1)(a), including —
excavating any land, street or drain;
tunnelling or boring under any land, street, sewer or drain;
removing or using all earth and materials in or under any land, street, sewer or drain;
erecting or placing any gas plant in or under any land or street; and
such other action as may be necessary to render all such pipes, plant and apparatus safe and efficient,
and shall pay to any person who has suffered damage or loss of value to his property that may be caused by such activity such sum as may be agreed by between the gas transporter and the person by way of compensation.
(2) Any compensation payable under subsection (1) may include an annual payment for land or any immovable property used for the gas transporter’s purpose.
(3) All works referred to in subsection (1), including the upper surface or covering, shall be constructed of such materials and shall be maintained by the gas transporter in such a manner as not to be a source of danger, whether by reason of inequality of surface or otherwise.
(4) A gas transporter shall not acquire any right other than that of a user only in respect of any land or premises in, on, over, under, upon, along or across which the gas transporter places any gas pipeline, gas pipeline network or gas plant under this section.
(5) Except in the case of an emergency arising from any fault in any gas main, gas service pipe or gas plant, no works referred to in subsection (1) shall be executed without the giving of 14 days notice to the owner or occupier of the land stating as fully and accurately as possible the nature and extent of the acts intended to be done.
(6) The owner or occupier of the land may, within 14 days of the receipt of the notice referred to in subsection (5), lodge a written objection with the Authority and the Authority shall specify a date to inquire into any such objection.
(7) If no objection is lodged within the period specified in subsection (6), the gas transporter may on expiry of the period enter on the land and do all or any of the acts specified in the notice given under subsection (5).
(8) If an objection is lodged and is not withdrawn before the date fixed for the inquiry referred to in subsection (6), the Authority shall hold the inquiry, giving each party an opportunity to be heard.
(9) Subject to subsection (10), upon the conclusion of the inquiry, the Authority may, either unconditionally or subject to such terms and conditions as it thinks fit, authorise any of the acts mentioned in the notice given under subsection (5) to be carried out.
(10) Any person aggrieved by any decision of the Authority under this section may, within 14 days of the conclusion of the inquiry, appeal to the Minister whose decision shall be final.
(11) A gas transporter shall do as little damage as possible in the exercise of the powers conferred by subsection (1) and shall make good any damage done in the exercise of those powers.
(12) Where any dispute arises as to whether a gas transporter has sufficiently made good any damage done in the exercise of the powers conferred by subsection (1), the dispute —
may be referred to the Authority by either party; and
shall, on such a reference, be determined by the Authority, whose decision shall be final and conclusive between the parties.
(13) A gas transporter shall exercise the powers conferred by subsection (1) in such manner as will secure that nothing which it installs or keeps installed in, on, over, under, upon, along or across any land, premises, street or waters becomes a source of danger to the public.
(14) A gas transporter shall not, when exercising the powers conferred by subsection (1), be liable for or required to pay any person any fee, charge or expense for the right to enter or use any land or premises.
(15) A gas transporter shall not, without the prior consent in writing of a statutory board or Government authority, authorise any person to enter or use any land belonging to the statutory board or Government authority for the purpose of exercising the powers conferred by subsection (1).