Page 7

1984 Ed.] Electricity Networks (Statutory Easements) [CAP. 357

7 owner concerned; and it shall be the duty of the power company and the owner to comply with such directions.

{ Amended, L.N. 245/81) (Cap. 128.)

10. (1) Where an order made under this Ordinance affecting for diminution of any land is registered by a power company under the Land Registration Ordinance, the company shall be liable to pay compensation to the person who, at the date of registration of the order, is the owner of the land in respect of any diminution of the value of his estate or interest therein attributable to the registration of the order.

(2) Any person claiming to be entitled to be paid compensation by a power company under this section in respect of any land may, not later than 12 months after the date of registration of an order made under this Ordinance affecting such land, deliver particulars of the claim in writing to the company.

(3) If, within a period of 28 days after the delivery of the particulars of any claim to a power company under this section, the claimant and the company fail to reach agreement in respect of the company's liability, if any, under this section, the claimant may, not later than 60 days after the expiration of that period, submit the claim to the Lands Tribunal for determination.

(4) The Lands Tribunal shall have jurisdiction to determine the amount of compensation, if any, payable in the case of any claim submitted to the Tribunal under this section; and in the application of the Lands Tribunal Ordinance to any such determination, section 11(1) of that Ordinance shall have effect as if for paragraphs (a) and (b) thereof there were substituted the words "the amount of compensation payable in the case of any claim submitted to it under section 10 of the Electricity Networks (Statutory Easements) Ordinance":

(5) In the determination of the amount of compensation, if any, payable under this section, no compensation shall be given in respect of-

(a) any expectancy or probability of the grant or renewal or continuance by the Crown or any person of any licence, permission, lease or permit whatsoever;

(b) any use of the land which is not in accordance with the terms of the Crown lease under which the land is held.

(6) For the purposes of this section, "value", in relation to any land affected by an order made under this Ordinance, means the open market value of the land assessed as at the date of registration of the order.

11. (1) Subject to this section, nothing in this Ordinance shall affect the liability of any person in respect of any loss or damage caused by or arising out of the exercise of any rights under this Ordinance.

(Cap. 17.) (Cap. 357.)

Liability for loss or damage.

Page 8

Share This Page