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PART III |
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SUBMARINE PIPELINES |
| Construction and use of pipelines. |
14. - (1) No person shall-
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(a) execute in, under or over any controlled waters any works for the construction of a pipeline; or |
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(b) use a controlled pipeline of which the construction was begun on or after 1st January 1976, |
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except in accordance with an authorisation given in writing by the Secretary of State.
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(2) In this Part of this Act-
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"controlled pipeline" means so much of any pipeline as is in, under or over controlled waters; and |
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"controlled waters" means the territorial sea adjacent to the United Kingdom and the sea in any area designated under section 1(7) of the Continental Shelf Act 1964. |
| Authorisations. |
15. - (1) Schedule 2 (applications for and issue of authorisations) shall have effect.
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(2) The Secretary of State shall not issue an authorisation to a person other than a body corporate.
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(3) Any authorisation in respect of a controlled pipeline may contain such terms as the Secretary of State thinks appropriate including in particular terms as to-
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(a) the duration of the authorisation, including the method of ascertaining its duration; |
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(b) the persons or kinds of persons who are authorised to execute the works in question or to use the pipeline or are so authorised if the Secretary of State consents to the execution of the works or the use of the pipeline by them; |
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(c) in the case of a works authorisation- |
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(i) the route of the pipeline;
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(ii) the boundaries within which any works may be executed in pursuance of the authorisation;
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(iii) the design and capacity of the pipeline or of part of it; and
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(iv) the steps to be taken to avoid or reduce interference by the pipeline with fishing or with other activities connected with the sea or the sea bed or subsoil;
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(d) the things authorised to be conveyed by the pipeline; |
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(e) the steps to be taken to ensure that funds are available to discharge any liability for damage attributable to the release or escape of any thing from the pipeline; |
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(f) the transactions relating to the pipeline which are not to be entered into, and the other things relating to the pipeline which are not to be done, without the consent of the Secretary of State; |
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(g) the persons who may be permitted to acquire an interest in the pipeline and who may not be permitted to retain such an interest; |
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(h) the operation of the pipeline, including the methods by which it is to be operated and the persons by whom it may be operated; |
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(i) the information to be provided in respect of the pipeline; and |
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(j) the giving by the Secretary of State, with respect to matters specified in the authorisation, of directions which shall have effect as terms of the authorisation. |
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(4) Unless the Secretary of State considers that there are special circumstances by reason of which the duration of an authorisation should be limited, an authorisation shall provide for its duration to be unlimited subject to the following provisions of this Part of this Act.
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(5) Subsection (6) applies where a works authorisation contains a term (the "variation term") requiring that-
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(a) the capacity of the controlled pipeline to which it relates or of any part of the pipeline shall be greater than that proposed in the application for the authorisation; or |
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(b) any of the route of the pipeline shall be different from that so proposed. |
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(6) Where this subsection applies, the Secretary of State may, subject to section 17(7), serve a notice in accordance with subsection (7) on-
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(a) the holder of the authorisation; and |
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(b) any other person who made representations to the Secretary of State that the capacity should be greater than that proposed as mentioned in subsection (5) or that any of the route should be different from that so proposed. |
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(7) A notice under subsection (6) shall-
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(a) specify the sums or the method of determining the sums which the Secretary of State considers should be paid to the holder by the other person for the purpose of defraying so much of the cost of constructing the pipeline as is attributable to the variation term; |
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(b) require the other person to make, within a specified period, arrangements which the Secretary of State considers are appropriate to ensure that those sums will be paid to the holder if he constructs the pipeline or a relevant part of it in accordance with the variation term or satisfies the Secretary of State that he will so construct it; |
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(c) provide that the holder may, if those arrangements are not made by the other person within the specified period, elect in the specified manner that- |
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(i) the variation term shall have effect with such modifications as are specified with a view to eliminating the consequences of the representations of the other person; and
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(ii) the provisions included in the notice by virtue of paragraph (d) shall cease to have effect; and
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(d) authorise the holder, if he satisfies the Secretary of State that the pipeline or a relevant part of it has been or will be constructed in accordance with the variation term, to recover those sums from the other person. |
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(8) In subsection (7), "specified" means specified in the notice.
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| Compulsory modifications of pipelines. |
16. - (1) If in the case of a controlled pipeline it appears to the Secretary of State, on the application of a person other than the owner of the pipeline-
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(a) that the capacity of the pipeline can and should be increased by modifying apparatus and works associated with the pipeline; or |
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(b) that the pipeline can and should be modified by installing in it a junction through which another pipeline may be connected to the pipeline, |
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then, subject to section 17(8), the Secretary of State may, after giving the owner of the pipeline an opportunity of being heard about the matter, serve on the owner and the applicant a notice in accordance with subsection (2).
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(2) A notice under subsection (1) shall-
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(a) specify the modifications which the Secretary of State considers should be made in consequence of the application; |
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(b) specify the sums or the method of determining the sums which the Secretary of State considers should be paid to the owner by the applicant for the purpose of defraying the cost of the modifications; |
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(c) require the applicant to make, within the period specified for the purpose in the notice, arrangements which the Secretary of State considers appropriate to secure that those sums will be paid to the owner if he carries out the modifications or satisfies the Secretary of State that he will carry them out; |
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(d) require the owner, if the applicant makes those arrangements within that period, to carry out the modifications within a period specified for the purpose in the notice; and |
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(e) authorise the owner, if he satisfies the Secretary of State that he has carried out or will carry out the modifications, to recover those sums from the applicant. |
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(3) References in subsections (1) and (2) to modifications include, in the case of modifications of any apparatus and works, references to changes in, substitutions for and additions to the apparatus and works.
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(4) For the purposes of section 14(1) a notice under subsection (1) of this section requiring a person to carry out modifications authorises him to carry out the modifications; but nothing in Schedule 2 shall apply to such a notice.
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