Pipelines
PIPELINES ACT
CHAPTER 35:51
LAWS OF TRINIDAD AND TOBAGO
Act
29 of 1933
Amended by
8 of 1945
8 of 1956
46 of 1969
*24 of 1981
**15 of 2000
*See Note on Amendment on page 2
**See Note on page 2
Current Authorised Pages
Pages Authorised
(inclusive) by L.R.O.
1–21 ..
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LAWS OF TRINIDAD AND TOBAGO
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Index of Subsidiary Legislation
Page
Pipelines (Specification of Fees) Order (GN 63/1957) … … … 20
Note on Amendment
This Act has been amended by Act No. 24 of 1981, but Act No. 24 of 1981 had not up to the
date of the last revision of this Act been brought into operation.
Note on Act No. 15 of 2000
See section 12 of Act No. 15 of 2000 and the Schedule thereto for the extention of jurisdiction
of the Land Tribunal established under Act No. 15 of 2000.
Note on Adaptation
Under paragraph 6 of the Second Schedule to the Law Revision Act (Ch. 3:03) the Commission
amended certain references to public officers in this Chapter. The Minister’s approval of the
amendments was signified by LN 120/1980, but no marginal reference is made to this Notice
where any such amendment is made in the text.
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Pipelines Chap. 35:51 3
CHAPTER 35:51
PIPELINES ACT
ARRANGEMENT OF SECTIONS
SECTION
1. Short title.
2. Interpretation.
3. Minister may, by Order, extend or limit application of Act.
Application of Act pending Order.
4. Licence to lay pipelines.
5. Notice to disconnect pipeline laid without licence.
6. Penalty for reconnecting without licence.
7. Notice to landowner of desire to lay pipeline.
8. Assent by landowner to proposal to lay pipeline.
9. Dissent by landowner from proposal to lay pipeline and power of
Magistrate to adjudicate.
10. Power of Magistrate to summon parties to determine amount of
compensation.
11. Appeal from decision of Magistrate.
12. Transfer of rights.
13. Registration of plan of pipeline.
14. Compensation to owners under disability.
15. Compensation where title disputed.
16. Money deposited to be paid out on order of High Court.
17. Permission to erect and maintain telephone line.
18. Power to enter land to inspect and repair pipes and telephone lines.
19. Obstructing owner of pipeline and other persons interested.
20. Liability of owner of pipeline to pay compensation for damage.
21. Service of notice.
SCHEDULE.
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LAWS OF TRINIDAD AND TOBAGO
4 Chap. 35:51 Pipelines
CHAPTER 35:51
PIPELINES ACT
An Act relating to the laying of Pipelines.*
[21ST DECEMBER 1933]
1. This Act may be cited as the Pipelines Act.
2. In this Act—
“main road” means a main road as defined in section 3 of the
Highways Act;
“pipeline” means a pipeline laid and connected or used or intended
to be used for conveying any substance to which this Act
applies or shall be made to apply by Order of the Minister,
in the manner hereinafter provided;
“railway” means the former railway owned by the Government
and any railway which by any Act may be authorised to be
constructed by the Government as public property, and
includes all the land occupied by or used for the purposes
of the former railway;
“road” or “public road” means a public road as defined in
section 2 of the repealed Roads Ordinance;
“telephone line” means a telephone line erected along a
pipeline to be used in connection therewith, and includes
the posts to which the telephone wires are attached, which
posts shall be erected within the area allotted for the
laying of such pipeline;
“trace” means any track or bye-way, other than a public road,
directed under the repealed Roads Ordinance to be
maintained and kept in good order for purposes of traffic
or otherwise;
1950 Ed.
Ch. 26. No. 9.
29 of 1933.
Commencement.
Short title.
Interpretation.
[8 of 1956].
Ch. 48:01.
Ch. 16. No. 1.
(1950 Ed.).
*The Petroleum Act Ch. 62:01 repealed this Act in its application to petroleum operations.
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L.R.O.
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Pipelines Chap. 35:51 5
“waterway” includes any navigable river, watercourse or canal
directed under the repealed Roads Ordinance to be
maintained and kept in good order for the purposes of traffic,
navigation or otherwise.
3. (1) The Minister may by Order declare that this Act shall
apply to any particular substance or substances as shall be specified
in such Order and which the Minister considers expedient to bring
within the purview of this Act; and the Minister may by the same
or any other Order limit the application of this Act as regards any
particular substance to any specified area of Trinidad and Tobago.
(2) Until the publication of any such Order this Act shall
apply to the following substances only, namely—Mineral oil and
natural gas and any of their derivatives or components, and also
any substance (including steam and water) when used or intended
to be used in the production or refining of mineral oil or natural
gas, and their derivatives or components.
4. (1) No person shall lay or connect any pipeline, in, along,
across, over or under any road, trace, waterway, railway or land
vested in the State unless he first obtains a licence in writing to do
so under this section, and unless he complies with all conditions,
if any, attaching to such licence.
(2) A licence authorising a person to lay or connect a
pipeline, in, along, across, over, or under any road, trace, waterway,
railway or land vested in the State may be granted—
(a) in the case of any main road or waterway, by the
Chief Technical Officer (Works);
(b) in the case of any public road or State trace the
formation, maintenance and repair of which are
functions of a Municipal Corporation by virtue
of section 125 of the Municipal Corporations
Act, by the Chief Executive Officer of the
Corporation of the electoral district in which such
road or State trace is situate;
Minister may,
by Order, extend
or limit
application of
Act.
Application of
Act pending
Order.
Licence to lay
pipelines.
[8 of 1956].
Ch. 25:04.
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LAWS OF TRINIDAD AND TOBAGO
6 Chap. 35:51 Pipelines
(c) in the case of any railway, by the General Manager
of the Railway;
(d) in the case of any other land vested in the State,
by the Commissioner of State Lands,
or by such other officer or officers as may be authorised by
any of the above-mentioned persons or by the Minister to grant
such licence.
(3) A licence under subsection (2) shall not be
unreasonably withheld but shall be subject to such conditions, if
any, as may be specified therein.
(4) Notwithstanding any provision of this section to the
contrary, the powers conferred by this section on the Chief
Executive Officer of a Corporation, or any other officer authorised
in that behalf, to grant or to refuse a licence in the case of any
public road or State trace mentioned in subsection (2)(b) shall be
exercised in accordance with the directions of the Corporation
concerned and not otherwise.
(5) Where a licence under this section is granted by the
Chief Executive Officer of a Corporation or any other officer
authorised to grant such a licence in respect of any public road or
State trace mentioned in subsection (2)(b), the provisions of
subsection (4) shall be deemed, so far as the validity of the licence
is concerned, to have been complied with.
(6) If a licence is refused, or the applicant considers that
any condition attached thereto is unreasonable, he may, within
twenty-one days of notification of refusal to grant a licence or of
the grant of a licence subject to conditions, as the case may be,
appeal in writing to the Minister who shall consider the matter,
and, in his discretion, direct that the licence shall be granted free
of conditions or subject to such conditions as to him may seem fit,
or withheld, as the case may be; and on communication of such
decision to the officer concerned such officer shall forthwith give
effect thereto.
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(7) Notwithstanding any provision of this section to the
contrary, the Minister may by Order specify the fees which may
be charged as a condition of the grant of a licence under this section,
and no fee shall be charged for any such licence, except in
accordance with the provisions of such Order. The said fees shall
be paid into public funds.
5. (1) Where any pipeline is used or laid down and
connected in contravention of the provisions of section 4 the
relevant officer mentioned in section 4(2) or any person
authorised in writing by him may, by notice in writing to be
served upon the person who has laid or connected such pipeline,
require that such pipeline be immediately disconnected and
rendered useless as a pipeline.
(2) Should the requirements of any such notice not be
complied with within forty-eight hours of the service thereof,
any person authorised in writing by the relevant officer may,
with such workmen and assistants as may be necessary, enter
upon any land and carry out the requirements of such notice,
and thereafter re-enter from time to time to enforce and keep
enforced such requirements without other or further authority.
Production of such written authority shall be sufficient
evidence of the issue thereof, and no proof of the signature
thereon shall be necessary.
(3) Any person who obstructs the execution by any person
so authorised, his workmen or assistants, of any thing required to
be done to give effect to the requirements of any such notice so
long as the same is in operation is liable on summary conviction to
a fine of one thousand dollars.
6. Any person who, after any pipeline has been disconnected
in accordance with section 5, reconnects the same without having
been granted a licence under section 4, is liable on summary
conviction to a fine of two thousand dollars, and to a further fine
of four hundred dollars for each day during which such pipeline
continues so reconnected.
Notice to
disconnect
pipeline laid
without
licence.
Penalty for
reconnecting
without licence.
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LAWS OF TRINIDAD AND TOBAGO
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7. (1) Any person who desires to lay a pipeline in, along,
across, over or under any lands other than roads, traces, waterways
or railways or lands vested in the State shall—
(a) notify in writing the owners of the lands over
which he desires way-leave of his intention at the
expiration of two weeks from the date of the
notice to enter on such lands on a specified day
for the purpose of fixing the location of the
proposed pipelines; and
(b) within six weeks of such entry serve each of such
owners with a statement in writing containing full
particulars of the description and proposed
location of such pipelines, and a notice requiring
such owners to execute a deed or instrument of
assent under section 8.
(2) Any such owner may waive service of the notices
called for in subsection (1) and permit entry within the said period
of two weeks.
8. (1) Any such owner, after service of such notices (unless
service thereof is waived) and statement of particulars may by deed
or instrument in the forms prescribed in the Schedule, with such
variations and additions as the circumstances of the particular case
may require, assent to the laying of such pipelines, and to the
erecting of telephone lines, upon payment of such compensation
as may be agreed upon, and any assent so given shall be binding
on all parties having any estate or interest in the land.
(2) It shall be lawful for guardians on behalf of their
wards, and for committees on behalf of patients under the Mental
Health Act, and for persons having the care and custody of
illegitimate persons not of full age on behalf of such last mentioned
persons, to accept service of the notices and statement of particulars
mentioned in section 7, or to waive service of such notices, to
grant the assent in this section mentioned, and that to the same
extent as such wards, patients or illegitimate persons, respectively,
could have exercised the same powers under the authority of this
Notice to
landowner of
desire to lay
pipeline.
Assent by
landowner to
proposal to lay
pipeline.
Schedule.
Ch. 28:02.
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LAWS OF TRINIDAD AND TOBAGO
Pipelines Chap. 35:51 9
Act, if they had been respectively under no disability or incapacity.
The person executing such deed or instrument shall annex thereto
a statutory declaration to the effect that he stands in one of the
aforesaid relations to the owner, and such declaration shall be
sufficient evidence till the contrary be proved of the truth of the
facts contained therein.
(3) Any compensation to be paid by the person giving
notice to the owner, in cases where such owner is under any
disability or incapacity or has not power to assent, except under
the provisions of this Act, or is absent from Trinidad and Tobago,
shall be dealt with in the manner in which the compensation
awarded to parties under disability or incapacity is payable under
the Land Acquisition Act.
(4) Any occupier or person, other than the owner,
interested in the lands shall be entitled to compensation for any
injury he may sustain by the laying of such pipelines, provided
that the claim therefor be made within twelve months after the
laying of such pipelines, the amount of such compensation to be
determined in case of dispute in the manner in which disputed
compensation for land is required to be determined by the Land
Acquisition Act.
(5) On presentation to the Registrar General of any
instrument relating to lands under the Real Property Act in the
form set out as Form 2 in the Schedule with such variations and
additions as the circumstances of the particular case may require
and executed and proved in accordance with the provisions of the
Real Property Act and of this Act, and on payment of the appropriate
fees, the Registrar General shall register such instrument and shall
endorse the same on the certificate of title and on the proper page
of the Register; and every such instrument when registered shall
operate as an encumbrance on the lands therein specified and shall
be binding against the registered proprietor and against all persons
claiming under him except that no such encumbrance shall be valid
and binding against a prior mortgagee or encumbrancer, unless
such mortgagee or encumbrancer shall have assented thereto prior
to the same being registered, and a note of such assent entered in
the Register.
Ch. 58:01.
Ch. 56:02.
Schedule.
Form 2.
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LAWS OF TRINIDAD AND TOBAGO
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(6) Where such assent relates to lands under the Real
Property Act, then upon production of a memorandum signed by
the person to whom such assent has been granted or his transferee
and attested by a witness to the satisfaction of the Registrar General
discharging the land from such assent, and on payment of the
appropriate fees, the Registrar General shall enter such
memorandum in the Register and upon such entry having been
made the land shall cease to be subject to such assent.
9. (1) An owner shall be deemed to have dissented from the
proposal to lay pipelines on his land if he fails to execute a deed or
instrument of assent under section 8 within one month after the
service of the notice on him under section 7; and in the event of
such dissent there shall be decided by the Magistrate of the district,
on the application of the person desiring to lay such pipelines, the
question whether the proposed pipelines will cause any injury to
such owner or to the occupier or other person interested in the
lands which is or is not of a nature to admit of being fully
compensated by money.
(2) The result of any such decision shall be as follows:
(a) if the decision is that injury will be caused to the
owner, occupier, or other person interested in the
lands, which is of a nature to admit of being fully
compensated by money, the Magistrate shall
proceed to assess such compensation and to
apportion the same amongst the parties in his
judgement entitled thereto, subject to the provisions
of section 14, and may adjudge that the applicant
may proceed to lay the proposed pipelines and to
erect the necessary telephone lines; such
compensation may be a sum of money payable
forthwith or a sum payable yearly so long as the
pipelines shall be maintained on the land or both;
(b) on the registration of the certificate of adjudication
as hereinafter provided the applicant may proceed
to lay the proposed pipelines and to erect the
necessary telephone lines;
Ch. 56:02
Dissent by land-
owner from
proposal to lay
pipeline and
power of
Magistrate to
adjudicate.
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Pipelines Chap. 35:51 11
(c) if the decision is that injury will be caused to
the owner, occupier, or other person interested
in the lands, and that such injury is not of a nature
to admit of being fully compensated by money,
the applicant shall not be entitled to lay the
proposed pipeline.
10. (1) Where any application is made under section 9,
the Magistrate may summon the parties and such other persons
interested in the lands as he may, in his discretion, think
necessary in the circumstances (or if such parties or person be
under a disability or incapacity their guardians or committees
or if they be illegitimate and not of full age the persons having
their care or custody) to appear before him at a time and place
to be named in the summons, and upon the appearance of such
parties or persons so summoned or in the absence of any of
them upon proof of the due service of the summons, the
Magistrate may hear and determine the question and the
amount of the compensation, and for that purpose examine
such parties and persons or any of them and their witnesses
upon oath; and the costs of every such enquiry shall be at his
discretion and he shall settle the amount thereof. Such costs
shall be recoverable in the Petty Civil Court of the district
without limit of amount.
(2) For the purpose of compelling the attendance of
and the giving of evidence by any witness the Magistrate
shall have all the powers conferred on him by the Summary
Courts Act.
(3) When the Magistrate decides the question in
manner referred to in section 9(2)(a) or (b) he shall reduce his
decision to writing in the form of a certificate (in this Act
referred to as a certificate of adjudication) which certificate
may be in the form set out as Form 3 in the Schedule, with
such variations and additions as the circumstances of the
particular case may require; and the Magistrate shall deliver
such certificate of adjudication to the applicant.
Power of
Magistrate to
summon parties
to determine
amount of
compensation.
Ch. 4:20.
Schedule.
Form 3.
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LAWS OF TRINIDAD AND TOBAGO
12 Chap. 35:51 Pipelines
(4) On production to the Registrar General of the
certificate of adjudication and on payment of the appropriate fees,
the Registrar General shall forthwith register the same and enter
the particulars thereof in a book in alphabetical order by the name
of the person whose lands are intended to be affected by the
certificate of adjudication; and all persons shall be at liberty to
search the said book on payment of the sum of sixty cents.
(5) Every certificate of adjudication registered in the
manner directed by this section shall operate as an encumbrance
on the lands therein specified and shall be binding as against the
person against whom such certificate of adjudication shall be
entered up and against all persons whomsoever claiming through
or under him or otherwise.
(6) Where the lands are held by title under the Real
Property Act the Registrar General shall, on registration of the
certificate of adjudication, after payment of the appropriate fees,
note the particulars of the certificate of adjudication on the
certificate of title.
(7) On production to the Registrar General of a document
signed by the person who shall have laid any pipeline in pursuance
of any such certificate of adjudication or his transferee and attested
by a witness to the satisfaction of the Registrar General discharging
the land from such certificate of adjudication, and on payment of
the appropriate fees, the Registrar General shall cancel the
registration of such certificate of adjudication and if the lands are
under the Real Property Act shall endorse such cancellation on the
certificate of title.
(8) All moneys payable under any certificate of
adjudication shall be recoverable by the person to whom they are
payable in the Petty Civil Court of the district without limit of amount.
11. There shall be a right of appeal to a Judge in Chambers
from any decision of the Magistrate in any matter under this Act
irrespective of the amount involved, and the procedure governing
appeals under the Petty Civil Courts Act, shall apply to appeals
under this Act with necessary modifications.
Ch. 56:02.
Appeal from
decision of
Magistrate.
Ch. 4:21.
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12. All rights, liberties and privileges granted to a person by
any deed or instrument under section 8 or enjoyed by virtue of any
certificate of adjudication under section 10 shall be transferable
by such person or his transferee by deed or by memorandum of
transfer under the provisions of the Real Property Act, as the case
may be.
13. A comprehensive plan of survey of a complete pipeline
system or any portion thereof may be attached to the first instrument
which is registered under the Real Property Act affecting any land
through which such pipeline is to be laid; and in any subsequent
instrument affecting any other lands shown on such plan through
which such pipeline is to be laid, a reference may be made in such
instrument to such plan of survey without it being necessary to have
a copy of such plan attached to any subsequent instrument.
14. Where the compensation assessed by the Magistrate is
payable to any owner or other person who is under any disability
or incapacity, or is absent from Trinidad and Tobago, such
compensation shall be dealt with in the manner in which the
compensation awarded to parties under disability or incapacity is
payable under the Land Acquisition Act.
15. If any difficulty or question arises as to the person entitled
to compensation assessed under this Act, the Magistrate shall upon
receipt of the amount deposit the compensation payable in such
case in the name and with the privity of the Registrar of the Supreme
Court with the Comptroller of Accounts, to be placed to the credit
of the persons interested.
16. Upon the application by petition of any person making
claim to any moneys deposited under section 15, the High Court
may, in a summary way at the cost of the person giving notice
under section 7, and after such notice as the Court may consider
fit, and to such person or persons as the Court shall direct, order
distribution and payment of such moneys according to the
respective rights and interests of the persons making claim to such
moneys or any part thereof, and may make such other order in the
premises as to the Court seems fit.
Transfer of
rights.
Ch. 56:02.
Registrataion of
plan of pipeline.
Ch. 56:02.
Compensation
to owners under
disability.
Ch. 58:01.
Compensation
where title
disputed.
Money
deposited to be
paid out on
order of High
Court.
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LAWS OF TRINIDAD AND TOBAGO
14 Chap. 35:51 Pipelines
17. Notwithstanding anything to the contrary contained in
the Trinidad and Tobago Telephone Act, every person authorised
under this Act to lay and connect any pipeline may erect, maintain
and operate a telephone line to be used solely in connection with
such pipeline.
18. After pipelines have been laid and telephone lines erected
in accordance with this Act, the owner or person in charge of such
pipelines, or any person authorised in writing by either of them
may, from time to time as it becomes necessary, enter upon the
lands through which such pipelines have been laid for the purpose
of inspecting and, with such assistance as may be necessary,
maintaining and repairing the same, and any telephone lines erected
in connection therewith, or, in case such pipelines are no longer
required, for the purpose of removing the same and any telephone
lines. Where pipelines are removed, the surface of the land shall
forthwith be restored to its former condition. In default thereof
such restoration may be carried out by the owner of the land, and
the costs thereof shall be recoverable from the person liable therefor
in the Petty Civil Court of the district without limit of amount.
19. Any person who hinders, obstructs or interferes with the
exercise by any owner or person in charge of a pipeline, or by the
servants or agents or other persons duly authorised in writing of
any such owner or person, of any right of entry upon land conferred
by this Act for the purpose of laying and connecting, or repairing,
inspecting, or removing any pipeline is liable on summary
conviction to a fine of one thousand dollars.
20. The provision of this Act shall not relieve any owner of a
pipeline of the liability to pay compensation to the owner or
occupier of the lands, or the agents, workmen or servants of such
owner or occupier, for any damage or injury done or caused by
the exercise or use of any power or authority hereby conferred or
by any irregularity, trespass or other wrongful proceeding in the
execution of this Act, or by the breaking or bursting of any
pipeline, or by reason of any defect in any pipeline; but if before
action brought in respect thereof the owner of a pipeline makes
tender of sufficient amends to the party injured and subsequently
Permission to
erect and
maintain
telephone line.
Ch. 47:30.
Power to enter
land to
inspect and
repair pipes and
telephone lines.
Obstructing
owner of
pipeline and
other persons
interested.
Liability of
owner of
pipeline to pay
compensation
for damage.
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LAWS OF TRINIDAD AND TOBAGO
Pipelines Chap. 35:51 15
pays the amount into Court, the party injured shall not recover in
any action any further amount, nor shall he be entitled to the
costs of such action.
21. Service of any notice or statement in writing or summons
or other process under this Act may be effected either personally
on the person affected by the same or by leaving the same with
some adult person at his last or most usual place of abode, or if the
person to be served cannot be found in Trinidad and Tobago and
the place of his abode in Trinidad and Tobago either is not known
or if known admission thereto cannot be obtained then by posting
the same on some conspicuous place on the land on which any
pipeline is to be laid.
Service of
notice.
Section 8.SCHEDULE
FORM 1
THIS DEED made the .....day of.............................. in the year of Our Lord
Two thousand and .............................. Between .............. (hereinafter called the
Grantor) of the One Part and....................(hereinafter called the Grantee) of the
Other Part. Whereas pursuant to the provisions of the Pipelines Act, the Grantee
has applied to the Grantor for permission to lay a..............inch pipeline
from................at....................................to..................................
And whereas in the laying of the said pipeline it is proposed to cross the
lands of the Grantor described in the Schedule hereto attached the route and
direction of the said pipeline being shown as nearly as may be by a green line
on the plan marked “A” hereto attached. And whereas the Grantor has agreed to
assent to the laying of the said pipeline in manner hereinafter appearing [And to
the laying by the Grantee of such other pipelines (not exceeding..........inches in
diameter) as the Grantee may from time to time desire to lay across the said
lands in manner hereinafter appearing] subject however to the provisions and
conditions hereinafter expressed.
Now These Presents Witness and it is hereby agreed, covenanted and declared
between the parties hereto for themselves respectively and for their respective
heirs and assigns as follows:
1. The Grantor hereby assents to the laying of the said pipeline across the
said lands of the Grantor described in the Schedule hereto the course and direction
to be taken by the same being indicated as nearly as may be by a green line on
the plan hereto attached and marked “A”.
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LAWS OF TRINIDAD AND TOBAGO
16 Chap. 35:51 Pipelines
2. [Here insert provisions if desired as to depth of pipelines below surface].
3. The Grantee shall maintain an open space not exceeding............feet in
width along the said pipeline [firstly hereinbefore mentioned] and shall at all
times keep such space clear of all trees, bush, trash, rubbish and other
inflammable matter inclusive of cocoa, immortelle trees and other cultivation
and shall compensate the Grantor for all cultivation which may be or may have
been destroyed by the Grantee in clearing such space according to the rates to
be determined. [Here set out the manner in which such compensation may
be assessed].
4. [The Grantor hereby assents to the laying by the Grantee within the
said space of............feet hereinbefore mentioned of such other pipelines (not
exceeding.............inches in diameter) as the Grantee shall from time to time
think fit to lay and also a telephone line and posts to carry such line].
5. So long as the said pipeline (or other pipelines hereinafter referred
to) shall be maintained on the said lands or any part thereof the Grantee shall
pay yearly in advance to the Grantor the sum of [here set out the amount and
times of payment] the first of such payments to be made on the execution of
these presents.
6. Should the Grantor at any time desire to carry on oil mining operations
or perform other necessary works on or over any portion of the said lands covered
by the said pipeline [or pipelines] the Grantee shall on the request in writing of
the Grantor remove the said pipeline [or pipelines] or any part thereof as the
case may be: Provided however that in such event the Grantee shall be at liberty
to relay the same [in the manner set out in Clause 2] across such other portion
of the said lands as shall be most convenient to the Grantor and shall be approved
in writing by the Grantor; and that if the Grantee shall fail to comply with such
request within thirty days after the same has been received by him the Grantor
may cause such pipeline [or pipelines] or any part thereof as the case may be to
be removed and the Grantee shall upon demand in writing forthwith pay to
the Grantor the expenses incurred by him in such removal and all costs
incidental thereto.
7. The Grantee shall at no time have any claim against the Grantor for
any damage which may be done to the said pipeline [or pipelines] or its [or
their] appurtenances by the Grantor or by his servants or agents unless such
damage be caused by the wilful act of the Grantor or of any person in his
employment while acting within the scope of his authority.
8. The Grantee will make, pay and give to the Grantor and to all persons
whomsoever, full compensation for any loss, injury or damage which the
Grantor or any person shall or may incur or sustain by reason of any works or
operations of the Grantee under the powers and authorities aforesaid or by
reason of the interference of any third party with such pipeline [or pipelines]
works or operations: Provided always that the amount of such compensation
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L.R.O.
LAWS OF TRINIDAD AND TOBAGO
Pipelines Chap. 35:51 17
in the case of damage to the cultivation of the Grantor shall be according to
the rates from time to time to be determined [here set out the manner in which
such compensation may be assessed] and in other cases shall be ascertained
by arbitration pursuant to the proviso in that behalf hereinafter contained and
provided also that the Grantee shall not be responsible for any loss, injury or
damage resulting to the Grantor or to any person from any wilful act of the
Grantor or of any person in his employment when acting within the scope of
his authority.
9. The Grantee will keep the Grantor indemnified against all actions,
proceedings, claims and demands in respect of any loss, damage or injury for
which the Grantee is made liable under Clause 8 hereof.
10. The Grantee will pay the cost of preparing, revising, stamping and
registering these presents.
11. If any question, difference or dispute shall arise between the parties
hereto or any person, persons or corporation claiming under them respectively
touching the construction of any clause herein contained or the rights, duties or
liabilities of the parties hereunder or in any way touching or arising out of these
presents the same shall be referred to the determination of two arbitrators one
to be appointed by each party or of an umpire to be appointed by such arbitrators
before proceeding to a reference in accordance with the Arbitration Act, or any
statutory modification or re-enactment thereof for the time being in force.
12. The provisions of the Pipelines Act and of any statutory modification
or re-enactment thereof for the time being in force and any regulations thereunder,
and any regulations for the time being in force and made under the former
Petroleum (Pipelines) Ordinance, Cap. 146—1925 Revised Laws,
notwithstanding the repeal of that Ordinance, shall apply to the said pipeline
[or pipelines] and the rights, duties and liabilities of the parties hereto shall
save in so far as the same have been altered or modified by the provisions
hereof, be determined by the provisions of the said Ordinance and regulations.
In witness whereof the parties hereto have hereunto set their hands the day
and year first herein written.
SCHEDULE ABOVE REFERRED TO
(To contain particulars of such lands only as are held by Common Law title).
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
18 Chap. 35:51 Pipelines
FORM 2
WHEREAS pursuant to the provisions of the Pipelines Act, C.D. has applied to
A.B. for permission to lay a ............ inch pipeline from ............... to .............
And whereas in the laying of the said pipeline it is proposed to cross the lands
of A.B. hereinafter described. And whereas the said A.B. has agreed to assent to
the laying of the said pipeline in manner hereinafter appearing [And to the
laying by the said C.D. of such other pipelines (not exceeding..........inches in
diameter) as the said C.D. may from time to time desire to lay across the said
lands in manner hereinafter appearing] subject however to the provisions and
conditions hereinafter expressed.
Now, therefore, I, A.B. of...................................being registered as the
proprietor of an estate.....................................subject however to such mortgages
or encumbrances as are notified by memorial underwritten or endorsed hereon
in that piece of land situated in the............containing..............described in the
State Grant registered in Volume.............folio...............and bounded.........do
hereby assent to the laying of the said pipeline across the said lands the course
and direction to be taken by the same being indicated as nearly as may be by a
green line on the plan hereto attached subject to the following conditions,
covenants and restrictions:
1. So long as the said pipeline (or other pipelines hereinafter referred to)
shall be maintained on the said lands or any part thereof the said C.D. shall pay
yearly in advance to the said A.B. the sum of............. . [Here set forth all special
covenants and conditions (if any) as in Form A].
In witness whereof, etc.
Signed by the said A.B. and C.D.
in the presence of
Note.—This form is to be used where the lands are under the Real Property Act.
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LAWS OF TRINIDAD AND TOBAGO
Pipelines Chap. 35:51 19
FORM 3
CERTIFICATE OF ADJUDICATION UNDER SECTION 10
WHEREAS A. has made an application to me under section 9 of the Pipelines
Act, with respect to the laying of a pipeline [or pipelines] on that parcel of land
situated in the Ward of.....................comprising...................[under the Real
Property Act state reference to the Real Property Register]. And whereas the
course of the proposed pipe is shown on the plan attached hereto [or on the
comprehensive plan filed in the Registrar’s office and attached to.........]. And
whereas I have enquired into and determined the matters referred to me by the
said application.
Now therefore I certify my findings to be as follows:
[no injury will be caused to any person interested in the said land]
or
[injury will be caused to B. the owner, registered proprietor, occupier or other
person interested and I assess the compensation payable to B. at the amount of
(here state the names of all persons to whom compensation is payable, the
conditions of payment and the manner in which payments are to be applied)].
And I adjudge accordingly that A. the applicant shall be at liberty to lay and
maintain the said pipeline and to erect and maintain telephone lines to be used
in connection therewith and to maintain an open space not exceeding...........feet
in width along the said pipeline and keep such space cleared of all trees, bush,
trash, rubbish and other inflammable matter (inclusive of cocoa, immortelle
trees and other cultivation).
UNOFFICIAL VERSION
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LAWS OF TRINIDAD AND TOBAGO
20 Chap. 35:51 Pipelines
SUBSIDIARY LEGISLATION
PIPELINES (SPECIFICATION OF FEES) ORDER
made under section 4(7)
1. (1) This Order may be cited as the Pipelines (Specification
of Fees) Order.
(2) This Order shall come into operation on 1st April, 1957.
2. The fees chargeable as a condition of the grant of a licence
under section 4(7) of the Pipelines Act, shall be as follows:
(a) for each pipeline laid or connected along, over or
under a trace, a fee at the rate of four cents per
foot of pipeline;
(b) for each pipeline laid or connected across State lands
or lands vested in the State, a fee of ten dollars;
(c) for each pipeline laid or connected across a trace
a fee of ten dollars;
Provided that each sleeve shall be regarded as
one pipeline irrespective of the number of
pipelines included in such sleeve;
(d) for each pipeline laid or connected along a road,
a fee at the rate of four cents per foot of pipeline;
(e) for each pipeline laid or connected across a road,
a fee of ten dollars;
Provided that a sleeve or culvert shall be
regarded as one pipeline irrespective of the number
of pipelines contained in such sleeve or culvert;
(f) for each pipeline laid or connected along a railway
track a fee at the rate of four cents per foot of pipeline.
(g) for each pipeline laid or connected across a
railway track, a fee of ten dollars.
Provided that a sleeve or culvert shall be regarded
as a single pipeline irrespective of the number of
pipelines contained in such sleeve or culvert.
63/1957.
Citation.
Fees payable
under section 4
of the Act.
[51/1980].
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L.R.O.
Pipelines (Specification of Fees) Order [Subsidiary]
LAWS OF TRINIDAD AND TOBAGO
Pipelines Chap. 35:51 21
3. The said fees shall be paid annually and the first of such
annual payments shall be made at the commencement of the work
of laying the pipeline, and subsequent payments shall be made in
January of each subsequent year:
However, where the said work is commenced later than the first
quarter of a year, there shall be payable the following percentages
only of the first of such annual payments:
(a) where the said work is commenced in the second
quarter of a year, seventy-five per cent;
(b) where the said work is commenced in the third
quarter of a year, fifty per cent;
(c) where the said work is commenced in the last
quarter of a year, twenty-five per cent.
Fees to be paid
annually.
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