Commentary on Sections Provision in orders: specific limitations and powers Section 75 – Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.
205.Section 75 applies where an infrastructure consent order authorises the acquisition of land and the land falls into any of the following categories:
	land in respect of which a statutory undertaker or electronic communications code network operator has a right specified in subsection (2) (“relevant right”);
	a “relevant restrictive covenant” applies to the land (which is a restrictive covenant that benefits the statutory undertakers in carrying on their undertakings);
	there is on, under or over the land electronic communications apparatus or apparatus vested in or belonging to statutory undertakers (“relevant apparatus”).
206.Where this section applies, an infrastructure consent order may include a provision requiring the extinguishment of a relevant right or relevant restrictive covenant or the removal of relevant apparatus only if the Welsh Ministers are satisfied that doing so is necessary for carrying out the development to which the order relates.