The Act Overview Wayleave rights Section 77: Compensation in connection with network wayleave rights
186.Where a necessary wayleave is granted to a licence holder, the occupier and (where the occupier is not also the owner) the owner may recover compensation from the licence holder in respect of the grant (subsection (1)). Where the exercise of a network wayleave right by or on behalf of a licence holder in relation to land causes damage to the land (or something on the land), or disturbs a person’s enjoyment of the land (subsection (2)), the licence holder is also liable to pay compensation to the person affected.
187.Subsection (3) provides that disputes about compensation are to be referred to and determined by the Lands Tribunal for Scotland. Subsection (4) sets out how sections of the Land Compensation (Scotland) Act 1963 apply.
188.The Scottish Ministers may make further provision about compensation by regulations (subsection (5)).