Common Services TunnelsAct 2018

Common Services Tunnels Act 2018 2020 REVISED EDITION This revised edition incorporates all amendments up to and including 1 December 2021 and comes into operation on 31 December 2021 An Act to establish common services tunnel areas and for the regulation of activities within or connected with common services tunnel areas to ensure the safe and efficient operation and functionality of any common services tunnel and any ancillary facility of the common services tunnel, and for connected purposes. [6 November 2020] PART 1 PRELIMINARY Short title 1. This Act is the Common Services Tunnels Act 2018. Interpretation 2.—(1) In this Act, unless the context otherwise requires — “ancillary facility”, in relation to a common services tunnel, means — (a) any electrical substation, electrical switch room, generator set room or control centre used for the purposes of the common services tunnel; and (b) any ancillary structure; “ancillary structure”, in relation to a common services tunnel, means — (a) any entrance to or exit from the common services tunnel; (b) any passage, corridor or stairway connecting an entrance to or exit from the common services tunnel; (c) any ventilation opening, duct or shaft necessary for the operation or functioning of the common services tunnel; and (d) any supporting physical structure necessary for the operation or functioning of the common services tunnel; “authorised officer” means an authorised officer appointed under section 5(1); “authorised person” has the meaning given by section 9(7); “common services tunnel” or “CST” means a system of underground concrete structures within a common services tunnel area used or intended to be used for the purpose of the housing and distribution of utility services to land within and outside the area; “common services tunnel area” or “CST area” means an area declared as a common services tunnel area under section 6; “Common Services Tunnels Authority” or “CST Authority”, in relation to any provision of this Act or CST area, means — (a) any CST Authority appointed under section 4 to be responsible for the administration of that provision; and (b) if different CST Authorities are appointed under section 4 for different CST areas, the CST Authority appointed for that CST area; “entrance” or “exit”, in relation to a common services tunnel, includes a manhole leading to or from, as the case may be, the common services tunnel; “land” includes buildings, premises, easements and hereditaments of any tenure; “occupier” means a person in occupation of any land and includes the person having the charge, management or control of the land either on his or her own account or as an agent of another person; “private land” means any land other than public land; “public authority” means a body established or constituted by or under a public Act to perform or discharge a public function; “public land” means any of the following land, whether publicly accessible or not: (a) State land; (b) common property or open space vested in or under the care, control or management of the Housing and Development Board established under the Housing and Development Act 1959 or a Town Council established under the Town Councils Act 1988; or (c) any land vested in or under the care, control or management of any other public authority by the operation of written law; “utility service” means — (a) for electricity — (i) the distribution of electricity through an electricity network; (ii) the transmission of electricity through an electricity network; (iii) the generation of electricity connected to an electricity network; or (iv) the provision by a person to another person of an electricity connection service; (b) for gas — (i) the distribution of gas through a gas distribution network; (ii) the transmission of gas through a gas transmission network; or (iii) the provision by a person to another person of a gas connection service; (c) for water — (i) the collection or treatment, or both, of water for distribution through a water network; (ii) the provision by a person to another person of a water connection service; (iii) the making of a water network available for the provision of a water connection service; (iv) the distribution of water through a water network; or (v) the supply of water from a water network by a person to the premises of another person for consumption or use; (d) for sewerage — (i) the provision by a person to another person of a sewerage connection service; (ii) the making of a sewerage network available for the provision of a sewerage connection service; or (iii) the provision by a person to another person of a sewerage service; (e) the provision by a person to another person of a broadcasting service (within the meaning of the Broadcasting Act 1994) or a telecommunication service (within the meaning of the Telecommunications Act 1999); (f) the provision by a person to another person of the service of draining stormwater or surface water, or of pneumatic refuse removal; or (g) the provision by a person of such other service prescribed as a utility service for the purposes of this Act; “utility services infrastructure” means any cables, wires, lines, pipes, or ducts used, or for use, in relation to the provision of any utility service, and includes any of the following: (a) powerlines, substations and equipment for monitoring, distributing, converting, transforming or controlling electricity; (b) pipelines, meters or equipment (such as pressure control devices, excess flow valves, actuators, electrical equipment, telemetry equipment and protection installations) used, or for use, in relation to the transmission or distribution of gas; (c) water storages, mains and treatment plants, pumps, facilities and equipment for distributing water, or monitoring or controlling the distribution of water for supply to premises; (d) sewerage storages, trunk sewers, mains and treatment plants, pumps, facilities and equipment for conveying sewerage, or monitoring or controlling the conveyance of sewerage. (2) In this Act — (a) a reference to the maintenance and repair of a common services tunnel — (i) means maintaining, repairing or improving the structure of the common services tunnel, and carrying out such other temporary or permanent works as may be necessary, to render the common services tunnel safe, functional and operational; and (ii) includes installing, operating, maintaining, repairing and improving any plant, installation, equipment, machinery, cables, wires, lines, pipes, drains, ducts and other facilities laid, placed, installed or housed within the common services tunnel that are — (A) utility services infrastructure; or (B) used, or for use, in relation to the operation and functioning of the common services tunnel itself; and (b) a reference to the maintenance and repair of an ancillary facility of a common services tunnel — (i) means maintaining, repairing or improving the structure of the ancillary facility of the common services tunnel, and carrying out such other temporary or permanent works as may be necessary, to render the ancillary facility of the common services tunnel safe, functional and operational; and (ii) includes installing, operating, maintaining, repairing and improving any plant, installation, equipment, machinery, cables, wires, lines, pipes, drains, ducts and other facilities that are necessary — (A) for the use or functioning of the ancillary facility; or (B) for the operation and functioning of the common services tunnel itself. Purpose of Act 3. The purpose of this Act is — (a) to establish common services tunnel areas; (b) to ensure the safe and efficient operation and functionality of common services tunnels and any ancillary facility of a common services tunnel; (c) to require suppliers of utility services to execute agreements to use a common services tunnel for the purpose of laying, placing or installing, or to house, their utility services infrastructure; (d) to secure the right of access by authorised officers, authorised persons and persons authorised by authorised officers to any common services tunnel and any ancillary facility of the common services tunnel; and (e) to ensure the upkeep of any ancillary facility of a common services tunnel by owners and occupiers of land on which the ancillary facility is located.