A 166
Ord. No. 39, 80
Short title.
Interpretation.
ELECTRICITY NETWORKS (STATUTORY EASEMENTS)
L.S.
HONG KONG
No. 39 OF 1980
I assent.
MURRAY MACLEHOSE,
Governor.
10 July 1980.
An Ordinance to provide for the creation of easements in and over land in favour of certain undertakings which generate, transmit or dis- tribute electricity; and for matters incidental thereto and connected therewith.
[11 July 19801
Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.
1. This Ordinance may be cited as the Electricity Networks (Statutory Easements) Ordinance 1980.
2. In this Ordinance, unless the context otherwise requires-
"approved scheme" means a scheme approved by the Secretary for the
Environment for the purposes of section 3;
"electric line" means a wire, cable, conductor or other means of trans- mitting or distributing electricity from one location to another above or below ground, and any casing, coating, covering, tube, pipe, insulator, pole, mast or pylon enclosing, surrounding or supporting the same or any part thereof or any apparatus or ancillary facilities connected therewith;
"electricity network" means a system for the transmission or distribution of electrical energy consisting of one or more electric lines, but does not include any such system which is in operation at the com- mencement of this Ordinance;
"owner", in relation to any land, means-
(a) a person registered or entitled to be registered as owner of such
land in the Land Office;
(b) a person having any estate or interest in such land, or in lawful occupation thereof, under an instrument registered in the Land Office;
"power company" means a person or any body of persons, corporate or unincorporate, by whom electricity is generated or transmitted or distributed;
"route" means the alignment of the electric lines of an electricity network as specified by the terms of the approved scheme relating to such electricity network;
"terms", in relation to an approved scheme, includes the conditions, specifications, restrictions and other stipulations contained therein, and any plans, maps, drawings or other documents forming part thereof or referred to therein;
ELECTRICITY NETWORKS (STATUTORY
Ord. No. 39, 80
A167
EASEMENTS)
"works" means the construction, operation, maintenance, repair or replace- ment of an electricity network or any part thereof, or the investigation or examination thereof or of any land situated on the route thereof.
company by
3. (1) Where the Governor in Council is satisfied that a power Provisions of company is carrying out or is about to carry out any works relating to Ordinance to an electricity network across any land in Hong Kong in accordance with apply to power the terms of a scheme approved by the Secretary for the Environment for order of the purposes of this section, the Governor in Council may, at the request Governor of the company made in writing to the Secretary for the Environment, order that the provisions of this Ordinance shall apply to the company for the purpose of enabling the company to carry out such works in accordance with the approved scheme.
(2) Before an order is made under this section in respect of an electricity network, the approved scheme relating thereto shall be deposited in the Land Office.
(3) It shall be sufficient for the purposes of an order made under this section to refer therein to an approved scheme by the description and date assigned thereto in the Land Office for the purposes of subsection (2).
in Council.
4. (1) Subject to this Ordinance, a power company specified in an Statutory order made under section 3 may, in accordance with the terms of the easements. approved scheme relating to the electricity network in respect of which the order is made, exercise from time to time all or any of the following rights in or over land situated on the route of such electricity network-
(a) the right to place and retain any electric line above or below
ground across such land; and
(b) the right to carry out any works required for the purposes of
paragraph (a) on such land, including the right to excavate, drain, remove or cover over any part of the soil of such land, and to lop, cut or remove any trees, shrubs, growing crops or vegetation of any kind on such land which obstruct or interfere with any electric line; and
(c) the right to enter on and pass over or under such land with such persons, animals, vehicles and equipment and to do all such acts thercon as may be necessary for or incidental to the exercise of any right conferred by this section,
but nothing in this section shall authorize the power company to place, construct, erect or retain any permanent structure, pole, mast or pylon on such land.
(2) In this section "land" does not include unleased land within the meaning of the Crown Lands Ordinance which is not occupied under (Cap. 28.) Part II of that Ordinance.
5. (1) The rights conferred by section 4 shall not be exercisable in Easements not or over any land by virtue of an order made under section 3 unless the to have effect order is registered under the Land Registration Ordinance.
(2) It shall be the duty of the power company specified in an order made under section 3 to register the order under the Land Registration Ordinance not later than 14 days after the date of publication of the order in the Gazette.
until order registered. (Cap. 128.)