Pipe-lines Act 1962

27Power of the Minister, where pipe-line imperilled by building or structure, to order demolition thereof or execution of remedial works

(1)If, without the consent of the Minister, a person so erects or constructs a building or structure that a part of it is situate less than ten feet from a point on the surface of land whose position is vertically above a part of a pipe-line below the surface, the provisions of subsections (2) to (5) of this section shall have effect, except in a case where subsection (6) thereof apples.

(2)The Minister may serve on the owner or owners of the building or structure in question and on the owner of the pipe-line notice of the time (being some time not less than twenty-one days from the date of the service of the notice) and place at which the question of ordering the building or structure to be demolished or (in lieu thereof) works to be executed for the safeguarding of the pipe-line will be considered by him, and the owners of the building or structure and the owner of the pipe-line shall be entitled to be heard when that question is so considered.

(3)If, after taking the question aforesaid into consideration, the Minister is satisfied that it is impracticable to safeguard the pipe-line in question otherwise than by means of the demolition of the building or structure in question or of a part thereof, he may make a demolition order requiring that the building or structure or that part thereof shall be demolished, and that (in the case of a building) the building, or such part thereof as is required to be vacated for the purposes of the demolition, shall be vacated within two months from the date on which the order becomes operative; and if he does so, shall serve a copy of the order upon the owner or owners of the building or structure.

(4)If, after taking the question aforesaid into consideration, the Minister is satisfied that the pipe-line in question can be safeguarded by the execution to the building or structure in question of any works in lieu of the demolition thereof (in whole or in part), he may make an order requiring the execution thereto of such works as may be specified in the order, and if he does so, shall serve a copy of the order upon the owner or owners of the building or structure.

(5)If, after taking the question aforesaid into consideration, the Minister is satisfied that the pipe-line in question can be safeguarded by the execution, in lieu of the demolition (in whole or in part) of the building or structure in question, of works to the pipe-line, he may make an order requiring the execution thereto of such works as may be specified in the order, and if he does so, shall serve a copy of the order on the owner of the pipe-line.

(6)Subsections (2) to (5) of this section shall not have effect in the case of a building or structure forming part of a pipeline or erected or constructed for the lodging therein of part of a pipe-line, being a building or structure no part of which is situate less than ten feet from a point on the surface of land whose position is vertically above a part of another pipe-line below the surface or in the case of a building or structure in which a pipe-line or any part of a pipe-line is terminated.