Section 68 – Statutory undertakers’ land
188.This section sets out the conditions that must be satisfied for an infrastructure consent order to authorise the compulsory acquisition of statutory undertakers’ land.
189.Section 68 applies to land (“statutory undertakers’ land”) that a statutory undertaker has acquired for the purpose of its undertaking, and as a result of a representation made about an application for infrastructure consent, the Welsh Ministers are satisfied that the land is used for the purposes of carrying on the statutory undertakers’ undertaking or an interest in the land is held for those purposes.
190.For an infrastructure consent order to be made that includes provision authorising the compulsory acquisition of statutory undertakers’ land, the Welsh Ministers must be satisfied that the nature and the situation of the land are such that:
the land can be purchased and not replaced without serious detriment to the carrying on of the undertaking, or
it can be purchased and replaced with other land without any such detriment.
191.Similarly, an infrastructure consent order can include a provision authorising the compulsory acquisition of a right over statutory undertakers’ land only if the Welsh Ministers are satisfied that:
the right can be purchased without serious detriment to the carrying on of the undertaking, or
any detriment can be remedied by the statutory undertaker using other land.
