Telecommunications Services (Ducting and Cables) Act 2018

• Jurisdiction: Ireland
• Citation: IR No. 4/2018
• Year: 2018

Number 4 of 2018
TELECOMMUNICATIONS SERVICES (DUCTING AND CABLES) ACT 2018
CONTENTS
1. Definitions
2. Vesting of ownership of ducting and cables in Minister
3. Vesting of certain legal interests in Minister
4. Compensation for diminution in value of land
5. Compensation for loss, etc., and regulations
6. Performance of functions
7. Application of section 72 of Registration of Title Act 1964
8. Deposited map
9. Notice of vesting day
10. Giving of notices
11. Laying of regulations and order
12. Expenses
13. Short title and commencement
SCHEDULE 1
Legal Interests Vested in Minister under section 3(2)
SCHEDULE 2
Legal Interests Vested in Minister under section 3(3)
SCHEDULE 3
Obligations
Acts Referred to
Acquisition of Land (Assessment of Compensation) Act 1919 (9 & 10 Geo. 5, c. 57)
Arbitration Act 2010 (No. 1)
Companies Act 2014 (No. 38)
Gas (Interim) (Regulation) Act 2002 (No. 10)
Land and Conveyancing Law Reform Act 2009 (No. 27)
Lands Clauses Consolidation Act 1845 (8 & 9 Vict., c. 18)
Registration of Title Act 1964 (No. 16)
Number 4 of 2018
TELECOMMUNICATIONS SERVICES (DUCTING AND CABLES) ACT 2018
An Act to provide for the vesting in the Minister for Communications, Climate Action and Environment of ownership of certain ducting and cables; to provide for the vesting in that Minister of certain legal interests relating to ducting and cables for the purposes of the performance of any of his or her functions for telecommunications purposes; to provide for compensation; to provide for certain obligations; and to provide for related matters.
[4th April, 2018]
Be it enacted by the Oireachtas as follows:
		Definitions
1. (1) In this Act—
	“Department” means Department of Communications, Climate Action and Environment;
	“deposited map” has the meaning given to it by section 8 ;
	“ducting and cables” means any ducting and cables for the housing of any wires, cables (including fibre-optic cables), laser optical fibres, electronic data or impulse transmission communication or reception systems, all other conducting media or any other materials connected with or facilitating the performance by the Minister of any of his or her functions for telecommunications purposes and includes—
	(a) part of any such ducting and cables, or
	(b) any apparatus, equipment or other thing (or part thereof) which is ancillary to such ducting and cables or any of them whether moveable or permanent or which assists in the inspection, placement, maintenance, repair, replacement, rendering unusable or servicing of such ducting and cables or any of them,
	and references to “ducting” and “cables” shall be construed accordingly;
	“emergency” means any event or circumstance or combination of events or circumstances that is occurring, has occurred or may occur which adversely affects or may adversely affect the safety or operational integrity of the ducting and cables;
	“GNI” means Gas Networks Ireland being a designated activity company (within the meaning of the Companies Act 2014 ) incorporated in the State (registered number 555744) and having its registered office at Gasworks Road, Cork;
	“legal interest” has the meaning given to it by section 11 (4) of the Land and Conveyancing Law Reform Act 2009 ;
	“Mayo-Galway pipeline” means the transmission pipeline beginning at Bellanaboy Bridge Gas Terminal, County Mayo and terminating at Ballymoneen Above Ground Installation, County Galway;
	“Minister” means the Minister for Communications, Climate Action and Environment;
	“owner” means the owner of any estate, right or interest in or over land that consists of any part of the route;
	“relevant deed” means any deed of easement in respect of land that consists of any part of the route and that relates to ducting and cables or to ducting and cables and the Mayo-Galway pipeline, as the case may be, made between an owner (or any of his or her predecessors in title) and GNI (or any of its predecessors in title) before the vesting day;
	“route” means the continuous strip of land which is more particularly delineated on the deposited map and coloured red thereon;
	“transmission pipeline” has the meaning given to it by section 2 of the Gas (Interim) (Regulation) Act 2002 ;
	“vesting day” means the day appointed by order under section 3 (1) to be the vesting day.
		Vesting of ownership of ducting and cables in Minister
2. All the right, title or interest of any person to or in the ducting and cables laid on, over or beneath the surface of land that consists of any part of the route shall, on the coming into operation of this section, stand vested in the Minister.
		Vesting of certain legal interests in Minister
3. (1) The Minister may by order appoint a day (in this Act referred to as the “vesting day”) for the purposes of this section.
	(2) Subject to subsection (4), on the vesting day the legal interests referred to in Schedule 1 that, immediately before the vesting day, were vested in GNI (or any of its predecessors in title) pursuant to the relevant deeds shall, subject to the obligations in Schedule 3 , without any transfer, conveyance or assignment, stand vested in the Minister for the purposes of the performance by the Minister of any of his or her functions for telecommunications purposes.
	(3) Save as provided for by subsection (2) and subject to subsection (4), on the vesting day the legal interests referred to in Schedule 2 shall, subject to the obligations in Schedule 3 , without any transfer, conveyance or assignment, stand vested in the Minister for the purposes of the performance by the Minister of any of his or her functions for telecommunications purposes.
	(4) Subsection (2) is without prejudice to any other legal interests vested in GNI (or any of its predecessors in title) pursuant to the relevant deeds before the vesting day and which are not vested in the Minister under subsection (2).
	(5) Without prejudice to the operation of the relevant deeds before the vesting day, insofar as those deeds provide for certain covenants specified therein that are binding on GNI (or any of its predecessors in title), GNI, on and after the vesting day, shall not be bound by those covenants in so far as they relate to the legal interests vested in the Minister under subsection (2).
		Compensation for diminution in value of land
4. (1) A person who was an owner immediately before the vesting day may apply to the Minister for compensation in respect of any diminution in the value of land consequent on the vesting in the Minister of any legal interest under section 3 and the owner shall, subject to the provisions of this section, be entitled to be paid such compensation together with interest by virtue of subsection (3).
	(2) Subject to subsection (4), the amount of compensation payable under subsection (1) shall, having regard to the valuation applied by GNI (or any of its predecessors in title) for the purposes of the relevant deeds, be determined by reference to the difference between the antecedent and subsequent values of the land concerned consequent on the vesting in the Minister of any legal interest under section 3 , where—
	(a) the antecedent value of the land is the amount which the land if sold in the open market by a willing seller immediately before the vesting day might have been expected to realise, and
	(b) the subsequent value of the land is the amount which the land if sold in the open market by a willing seller immediately after the vesting day might be expected to realise.
	(3) (a) Subject to paragraph (b), where compensation is payable under subsection (1), there shall be paid interest on the amount of the compensation so payable at such rate as the Minister, with the consent of the Minister for Public Expenditure and Reform, may determine from time to time for the purpose of this section, from the vesting day until the payment of such compensation.
	(b) There shall be no interest paid on compensation where—
	(i) the Minister makes an unconditional offer in writing of any sum as compensation to the owner concerned,
	(ii) such offer is not accepted by the owner to whom it is made, and
	(iii) the sum awarded as compensation by the official arbitrator does not exceed the sum so offered.
	(4) Any amounts paid to an owner (or to any of his or her predecessors in title) in consideration of the granting by the owner to GNI (or to any of its predecessors in title) of access to any part of the route, and of any ancillary rights relating thereto, in respect of ducting and cables, shall be taken into account in assessing any amount of compensation payable under subsection (1).
	(5) (a) Subject to paragraph (b), a claim for compensation under subsection (1) shall be made not later than 3 years from the vesting day.
	(b) The High Court may, where it considers that the interests of justice so require, extend the period within which a claim for compensation under subsection (1) may be brought upon application being made to it in that behalf.
	(6) Subject to subsection (5), compensation under this section may be paid to the personal representatives of a person entitled to it.
	(7) A claim for compensation under subsection (1) shall, in default of agreement, be determined by arbitration under and in accordance with the Acquisition of Land (Assessment of Compensation) Act 1919 and sections 69 to 83 of the Lands Clauses Consolidation Act 1845 , in all respects as if the claim arose in relation to compulsory acquisition of land (but subject to the proviso that the arbitrator shall have jurisdiction to make a nil award) and for the purposes of those Acts the Minister shall be deemed to be the promoter of the undertaking.
	(8) In this section “official arbitrator” means an official arbitrator under the Acquisition of Land...