SCHEDULES

SCHEDULE 4OTHER POWERS, ETC., OF LICENCE HOLDERS

Provisions supplementary to paragraph 10

11

1

Where a wayleave is granted to a licence holder under paragraph 10—

a

the occupier of the land; and

b

where the occupier is not also the owner of the land, the owner,

may recover from the licence holder compensation in respect of the grant.

2

Where in the exercise of any right conferred by such a wayleave any damage is caused to property, the licence holder shall make good or pay compensation in respect of that damage; and where in consequence of the exercise of such a right a person is disturbed in his enjoyment of any property the licence holder shall pay compensation in respect of that disturbance.

3

Compensation under this paragraph may be recovered as a lump sum or by periodical payments or partly in one way and partly in the other.

4

Any question of disputed compensation under this paragraph shall be referred to and determined by the Lands Tribunal; and Articles 4 and 5 of the Land Compensation (Northern Ireland) Order 1982F1 shall apply to any such determination.