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Legislative Assembly for the ACT: 2000 Week 11 Hansard (30 November) . . Page.. 3571 ..
(2) â The Minister may make declarations that this section applies to stated network facilities.
(3) â Without limiting the operation of section 27 of the Interpretation Act 1967, network facilities may be stated in a declaration particularly or by reference to a stated class, for example, all network facilities or all network facilities apart from stated exceptions.
(4) â A declaration, or a particular provision of a declaration, takes effect-
(a) on the day notice of the making of the declaration is published in the Gazette; or
(b) if the declaration provides for a later date of effect-on that day.
(5) â A publication in the Gazette of the making of a declaration must include sufficient particulars from the declaration to identify the facilities to which the declaration relates.
'17Bâ Effect of declaration under section 117A
(1) â On the day a declaration under section 117A takes effect in relation to a network facility, the facility, by force of this section-
(a) is severed from the land and remains severed; and
(b) vests in the person in whom the declaration states that the facility vests, without any conveyance, transfer or assignment.
(2) â A facility severed under subsection (1) ceases for all purposes to be a fixture.
(3) â A person in whom a facility is vested has, by force of this section, the following rights in relation to the facility:
(a) to have the facility (including any lines, pipes, equipment and any other thing ancillary to any other part of the facility) remain on, under or over the land for the provision of utility services;
(b) for that purpose, to use, or continue to use, the facility;
(c) to enter and occupy land on, above or under which the facility is located, and to undertake work on that land, for the purpose of maintaining the facility.
(4) â To ensure the proper provision of utility services, the Minister may, by notice in the Gazette, determine conditions for the exercise of a right conferred by paragraph (3) (c) and, if any such conditions are determined, the right may only be exercised in accordance with the conditions.
(5) â A declaration under section 117A has no effect to the extent that it would vest a facility in a person if the facility had not been used, or for use, by the person in providing a utility service before the declaration.".
Amendments-
Clause 119, page 57, line 19, paragraphs (2) (a) and (b), omit the paragraphs, substitute the following paragraphs:
"(a) it is sufficient to prove that, when the action occurred, there were reasonable grounds for believing it was likely to interfere with the network or facility; and
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