The Public Gas Transporter Pipe-line Works (Environmental Impact Assessment) Regulations 1999

Application to the court by Secretary of State

17.—(1) If a public gas transporter carries out pipe-line works–

(a) without all applicable requirements of these Regulations having first been complied with; or

(b) without any necessary consent of the Secretary of State under regulation 14 above (consent to pipe-line works), or in breach of a condition attached to such a consent under paragraph (1) of that regulation,

the court may, on the application of the Secretary of State, make an order restraining the public gas transporter from proceeding or continuing with the works or compelling him to the performance of any act required of him by any such condition.

(2) Subject to paragraph (3) below, the court may, in addition to making such an order as is mentioned in paragraph (1) above, make an order requiring–

(a) the removal, so far as is practicable in all the circumstances, of any pipe-line works already carried out–

(i) without any such requirements as are mentioned in paragraph (1)(a) above having been complied with; or

(ii) without any such consent or in breach of any such condition as are mentioned in paragraph (1)(b) above; and

(b) where it orders the removal of any works, the reinstatement of the site where the works had been carried out.

(3) The court shall not make an order under this regulation in respect of a breach of any such condition as is mentioned in paragraph (1)(b) above where it is satisfied that–

(a) the breach in question was due to circumstances beyond the control of the public gas transporter and the breach could not reasonably have been prevented by the public gas transporter; or

(b) the breach occurred as a result of anything required to be done as a matter of urgency for the purposes of securing the safety of any person.

(4) Where the public gas transporter fails to comply with an order made pursuant to paragraph (2) above within such time as may be specified in it or, in default of such specification, within a reasonable time of the making of the order, the Secretary of State may himself take the action required by the order and the reasonable costs and expenses of doing so shall be recoverable as a debt from the public gas transporter.

(5) Where the Secretary of State takes action in accordance with paragraph (4) above, that action shall be without prejudice to any consequences which may flow from the public gas transporter’s failure to comply with the order.