S.L. 545.41 Art. 13Distribution system operator title over substation land.

(1) The distribution system operator shall acquire the substation land on which a substation has been or is to be developed, in full ownership, under title of lease, or on at its commodatum, discretion, except where a specific title is required in accordance with these regulations.

(2) Where the substation is to be used to extend one (1) or more connections to a person other than the owner of the substation land, the distribution system operator shall acquire the substation land by title of full ownership. Irrespective of the title which the distribution system operator originally acquires over a substation, where a substation is subsequently required or used to extend one (1) or more connections to a person other than the owner of the substation land, the distribution system operator shall, on demand made to the owner of the substation land, acquire the substation land by title of full ownership.

(3) Any substation land over which the distribution system operator does not hold any title, as at the date of the coming into force of these regulations, shall be transferred to the distribution system operator either by absolute ownership, lease or commodatum in accordance with the requirements of this regulation, upon demand made by the distribution system operator to the owner of the substation land. In such cases, the value of the land shall be valued in accordance with regulation 14.

(4) The substation land acquired under title of lease or in accordance with these regulations shall, where such commodatum, substation land is no longer required by the distribution system operator, be transferred back to the owner subject to the cessation of the annual payment of rent or other recognised payment, as the case may be, and subject to the repossession of the substation equipment by the distribution system operator. No such rights shall subsist, where the substation land was acquired by distribution system operator by title of full ownership, in which case, the distribution system operator shall remain the absolute owner thereof, provided that the distribution system operator may elect to transfer ownership of the substation and the substation land exclusive of any substation equipment in exchange for fair compensation being paid to the distribution system operator.