The Act Overview Other powers over land Section 79: Power to enter land to replace or repair apparatus
193.Subsection (1) provides that a licence holder may exercise a network land right for a purpose connected with the supply of thermal energy by means of a heat network by the licence holder. A “network land right” is defined in subsection (2) and includes the right to install and repair existing apparatus in land and carry out any works to the land that are necessary for or incidental to those works.
194.Subsection (3) provides that a network land right includes the power to fell, lop, or cut back the roots of any tree or shrub that is in close proximity to heat network apparatus that is being, or is to be installed in order to prevent the tree or shrub from obstructing or interfering with the installation, maintenance or operation of the apparatus or from constituting a danger to persons.
195.Subsection (4) sets out the requirements for notification of the intention to carry out a network land right, but does not apply in respect of emergency works (subsection (5)). Subsection (10) provides a definition of “emergency works” as works carried out by virtue of a network land right for the purposes of stopping anything already occurring, or preventing anything imminent from occurring that is likely to cause danger to persons or property and/or the interruption of supply provided by the licence holder, and includes any other works that are reasonable to carry out with those works. The requirements for notification of emergency works are provided for in subsection (6).
196.Subsection (7) provides that a person exercising a network land right has a right of entry to the land at all reasonable times and, at the request of the occupier or owner, must provide evidence of their authority to act. The person must also ensure that as little disruption and damage is caused as possible and if damage is caused take reasonable steps to remedy the damage.
197.Subsection (8) makes it an offence to intentionally obstruct, without reasonable excuse, a person from exercising the power conferred by subsection (1). A person who commits an offence under subsection (8) is liable on summary conviction to a fine not exceeding level 3 on the standard scale (subsection (9)).