All rights reserved. If theres an easement in place over the land, this would most likely already be in place and is permanent. How to log in:Use your membership number or the email address associated with your membership to log in. This cookie can only be read from the domain they are set on and will not track any data while browsing through other sites. var fw_collection_links = { In 2018, BT and Openreach negotiated with the Country Land and Business Association and NFU on . The wayleave payment rates range from just 1.53 (for when pole lines cross . Our wayleave application will include the route plan, wayleave agreement and an explanation of why we need permission. The NFU highlighted back in 2013 that it was not in agreement with the advisory rates. The second type of agreement is a "deed of easement". How to get started reducing your farm's carbon footprint, How to achieve accurate and timely sub metering and rebilling, How to get exactly the connection you need on time, at the best price, Use less energy and save money with an on-site energy efficiency audit, Copyright 2021 NFU Energy | All rights reserved. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. jQuery(document).ready(function() { 20 March 2022. :: The Energy Networks website also has a summary spreadsheet of all payments made under electric wayleave in England and Wales. However, it may be worth considering whether claiming some money for access now would have a knock-on effect if you want to sell your property. The small print states that they will receive surveyors fees. Whilst you can go through the claims process yourself, in most cases, it may be easier to use a company offering a no claim, no fee option. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". the cartel provisions). This survey is being run by ADAS on behalf of the NFU and the ENA. } These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Apparently the first areas to benefit could be Rothbury and Coquetdale (Northumberland, England), which has just won460,000 from DEFRAs 20m Rural Community Broadband Fund (RCBF) to help connect around 1,500 local homes and businesses via a new broadband network (this equates to about 50% of the overall 920k project cost). However, treating payments as property income can have advantages for Class 4 NIC and could benefit from the tax-free property income allowance, if available, he adds. We know how increasingly important rural broadband connection is to farmers and those with diversified businesses. . That being said, wayleaves are becoming more and more common these days. We have not yet returned the forms, but in the meantime have been told verbally that any payment is only due to us from the date we moved in. The company will want to rent space above the land and, in return for hosting that equipment, landowners are entitled to an annual payment of rent or compensation. You just woundt believe where they try to place polls or ducts if they had their own way. Some companies like SSE have varied SSE wayleave payment rates offered. Good news. Download. For each joint box or cabinet, the current advisory rate is 30year, or 450 as a one-off payment. For bigger projects, such as pylons or a gas pipeline, an agreement known as an easement is often sought from the outset. This all relates to yesterdays call for more broadband funding in Northumberland (here). The [Electronic Communications] code makes it very clear that in the event of no agreement, an infrastructure operator can go to the courts and get a code agreement imposed. If theres an existing wayleave and there are major works the company can apply to have compulsory access if the work is essential. Enter to open, tab to navigate, enter to select, CLA and NFU publish advisory wayleaves for rural broadband, Easements, Covenants and Other Third Party Rights, 24 hour Customer Support: +44 345 600 9355. This initiative marks another step forward to ensuring our members have all they need to establish and maintain productive, profitable and progressive farming businesses.. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. }, We very much hope that these wayleave agreements will help to deliver broadband to the rural areas which currently have poor, unreliable or non-existent broadband connection. JavaScript is disabled. Farmers Weekly is keen to find out the extent to which UK farmers use these markets. var elem = jQuery('.article-body').children('p:nth-of-type(' + elem_pos + ')'); Energy Byte Ofgem will audit your system and non-compliances can lead to significant delays in payments or worse. landowners' expectations as to wayleave rates downwards towards rates . Read our blog to get critical information about what you need to know if you are considering moving a pole and for more up-to-date about how wayleaves and easements work. Our neighbours broadband did not work properly and there was a blockage on the line. elem.after(jQuery(widget)); midArticleWidget: function(widget) { The results of this online survey could steer what type of operations are looked at, so its vitally important we get as many responses as possible. It can be remarkably tricky to fight some wayleave agreements already in place. The Energy Networks website also has a summary spreadsheet of all payments made under electric wayleave in England and Wales. To work out how the payment will be treated for tax purposes, it is important to have a good understanding of what is in the agreement, the trading activity that the land is used for in the case of farmland producing livestock or growing crops and the type of compensation that is being paid, he advises. The one-off payment for a pole has now been increased to 157.50, with the annual wayleave payment rising to 10.50. Because the landowner is giving away the land for a long time, potentially forever, more detailed and careful advice is needed to make sure compensation is adequate and that everything has been thought of, she says. Always do your own research. I want this article to add a little bit more detail, hopefully answering some of those common questions. }); Do you use futures and options markets to help you manage risk? The payment covers the losses incurred by farmers including time loss, area loss, yield loss, wasted inputs, weed control and health andsafety. What to do next Get in touch with our friendly, knowledgeable team Call us 024 7669 6512 Email us info@nfuenergy.co.uk or request a callback Make request Hi Yesterday we found Trooli contratcors had dug up our land. Even if your DNO has quoted you a fee for the work and usually this is a big fee, sometimes tens of thousands of pounds - you can still often get things shifted for free. Typically however its most called upon by things that are visible such as overhanging telecommunication wires from the 50s onwards. Futures markets and commodity risk management online course: Visit our Know How centre for practical farming advice. }); Do you use futures and options markets to help you manage risk? CLA deputy president Mark Bridgeman said the deal was the result of constructive dialogue. on Disaster Management. Guide to Advisory Wayleave Payments for Occupiers of Arable Land .. They are usually located in local offices. This means that rates can now go up more sharply than before, but can also fall. Annual wayleave payment which addresses the right to hold the apparatus on the land. Kim Mears, Openreachs MD of Strategic Infrastructure, said: We know that people in rural areas want fast, reliable broadband. Are wayleaves and easements farm property income, trading income or capital sums? There are two different types of agreement that are based around people installing electrical equipment on private land: Whether negotiated by yourself directly with the UK utility company or via an intermediary, a valuation is simply the amount of money that is initially offered to you as compensation or wayleave income. This section of land would be sterilised, with the owner unable to develop on it. Hi John. For each joint box or cabinet, the current advisory rate is 30 per year, or 450 as a one-off payment. The Sustainable Fuel Register, How to reduce the cost and hassle of moving a pole or line on your land. 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The rates, which change every few years, are usually out of date for instance, current payments wont reflect the recent huge rises in fertiliser and fuel costs and the impact these are having on growing crops and grass. The _ga cookie, installed by Google Analytics, calculates visitor, session and campaign data and also keeps track of site usage for the site's analytics report. See also: Wayleave payment rates agreed to smooth broadband projects. The annual wayleave payment also includes an advisory rate for grassland, hedgerows and a landowners payment. The most simple way of looking at wayleave is to compare it to right of way access for ramblers around the UK. 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The NFU highlighted back in 2013 that it was not in agreement with the advisory rates. But in many cases thats not the concern. NFU Vice President Stuart Roberts said: "It's pleasing that after many years of gathering data and the ENA developing calculations, the new advisory rates for arable land have . Complete our survey here. Imagine if they had to foot the costs of a land agent for every farmer in the country who has poles on their land. Looking at the guidance why is our time so under valued and no account taken of lost time being compensated for. The deal has taken more than 18 months to negotiate. Complete our survey here. This site requires a JavaScript enabled browser. Wayleaves Rates 2022-23. If you search for the UK energy networks website you should be able to look up for your local contact. Charles Trotman, CLA senior economist, said the deal was a win for landowners given it was set against the backdrop of the Electronic Communications Code, which aims to drive down the payments made to landowners for installing telecoms equipment. These standard wayleave rates may not suit every circumstance however, and in those cases it will be appropriate to negotiate a higher rate. Ultimately, it gives them the power to maintain the agreement attached to the deed for the lifetime of the property. The terminology gets a little bit murky when it refers to wayleave rights. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. For each joint box or cabinet, the current advisory rate is 30 per year, or 450 as a one-off payment. The CLA and NFU will now " recommend " this wayleave package to their respective members Essentially, these middlemen will act on your behalf. The Country Land and Business Association, in conjunction with the National Farmers Union, has published advisory wayleave payment rates and terms for use by private businesses and not-for-profit organisations seeking to install broadband infrastructure in rural areas. For example, you may wish to look particularly carefully if purchasing a private property with a necessary wayleave access note attached to the deed. Im sure there are greedy landholders. This cookie is set by GDPR Cookie Consent plugin. Compensatory payments can be split between the owner and the occupier, as it will be the tenant who will be out of pocket during the construction phase and until that land is reinstated. This could mean that your land is of particular importance to the network provider. What weve managed to do here is put a benchmark in the market and stabilise the market, he said. The neighbours were transferring from BT to Trooli and were having fibre put into the pipe used to carry the BT line.It seems this blockage was on our land so it was dug up without permission. running a new underground fibre optic cable through a farmers private field), are notoriously complicated and costly to arrange. It provides UK network companies with access to your land. The new payment rates come into effect today (1 October 2018). It may not display this or other websites correctly. For example, Openreach now makes a one-off payment for a telegraph pole of 157.50 (up from 150), with the annual wayleave payment rising to 10.50. If its important to them, it may be accessed regularly for maintenance and repairs. Loss of income from the site occupied by the apparatus, Extra time resulting from circumnavigating structures in fields, Weed control costs under and around structures, Loss of yield due to the presence of the structures, Wasted variable inputs caused by the presence of the structures. It has taken almost 18 months of hard negotiation but we have secured an agreement that satisfies the Government, the infrastructure providers and our members. These are assessed under two headings: Annual wayleave payment which addresses the right to hold the apparatus on the land. A cookie set by YouTube to measure bandwidth that determines whether the user gets the new or old player interface. Each land owner typically requires a different approach and compensation but in some cases the costs can quickly spiral out of control. Log In - NFUonline Contact us join the NFU log in About us Updates and information Campaigning Membership Services and resources Member rewards Log In We've updated our website to give you a better experience. Exact details of the arrangement havent been made clear, although it will formally come into operation from 1st October 2018. The annual payment from thereon will depend on how much land is taken up by the infrastructure. Meanwhile alternative network providers will now be making one-off payments of 3.90 per metre for the installation of underground cabling and ducting, with an annual payment of 0.26p/metre. Are you working towards net zero emissions by 2040. Advertising cookie set by AWIN to ensure the same kind of advertisement is not shown to the user. The __gads cookie, set by Google, is stored under DoubleClick domain and tracks the number of times users see an advert, measures the success of the campaign and calculates its revenue. Or is a Wayleave purely just a rental payment and any maintenance (other than visual inspection) or replacement would still be due a compensation payment for disruption etc to the land.E.g. It is anticipated this will speed up the rollout of rural broadband essential if the government is to hit its target of full fibre broadband coverage across all of the UK by 2033. Just because the wayleave agreement may appear to be a temporary right, once the apparatus is on the land a landowner may not necessarily be able to seek its removal, warns Ms Collins. The house was built in the 1980s, we bought it in 2011 and there was no mention of a wayleave agreement on the deeds) If so, how do we get one put in place? For many balancing the need for access with potential income from an easement or wayleave is about finding something that works best for both the utility company and the home/land owner. You are using an out of date browser. How much you personally will get paid will depend on your own individual circumstances. The ENA recommends settlements to its member companies and it is then a matter for each companys discretion whether to adopt the recommendation. To access this resource, sign up for a free trial of Practical Law. 1.6 The OFT was asked to consider whether the proposed Rate Recommendation would fall within the scope of section . Source : Ministry of Railways (Railway Board) CMS Team Last Reviewed on: 03-09-2020. You also have the option to opt-out of these cookies. The payment might be anywhere from a few pounds up to 3-6% of the value of your property. This is the individual you would get in touch with for any wayleave queries. The cookie is used to store the user consent for the cookies in the category "Other. The process of landowners looking into wayleave payments and easements is increasing. I bent the 24m sprayer boom on a pole i misjudged. There have been previous agreements and rates in place but thisnew pack sets out processes more comprehensively,offering landowners more clarity. Standard Conditions for the Supply of Goods & Services We also use third-party cookies that help us analyze and understand how you use this website. It is common for the two parties to negotiate to avoid this, as a necessary wayleave entitles the landowner to statutory compensation. The term wayleave consent literally refers to an existing consent in place to access the property. A newly negotiated Memorandum of Understanding (MoU) and wayleave (access) agreement between key UK landowners and Openreach (BT) has today been announced, which means that the telecoms giant should find it easier to extend their superfast broadband ISP network(s) into rural areas. A 5% increase in the wayleave payments offered by national operator Openreach for fixed-line broadband cables and equipment has been negotiated by the Country Land and Business Association. D - SHEPD Disposition of Substation (no cable rights) . Its been over 20 years since a survey of this kind has taken place, so we need you tell us how pylons, poles or other electricity line supports on your land are affecting your farming practices and impacting on your business. Planning in advance of the final agreement can be very tax-efficient, he suggests. Advisory wayleave payment rates are also in place for the buried broadband fibre in rural areas. Nevertheless the first hints that a change was coming occurred last month, when the government, telecoms operators and landowners jointly agreed to support the reformed Electronic Communications Code (here). Agreements can normally be terminated by the landowner giving 12 months notice, however undertakers can rely on statutory powers to keep equipment on land. midArticleWidget: function(widget) { Table 2 - Combined. As farmers and landowners have such diverse income tax and capital tax positions, tax expert Fred Butler, of Butler & Co, says it is essential that tax advisers approach payments with an open mind. Or are you interested to learn more? If you would like to get in contact with your supplier, please find their contact details here. 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Frankly you get peanuts for having poles on your land and they can (location dependant) be very disruptive. Summary of Changes to the Guidance Wayleave Payments for Occupiers of Farmland for 2022-23 This section provides a summary and explanation of the main changes to the 2022-3 occupiers' guidance wayleave payment rates which have been discussed and agreed between the ENA and NFU, and subsequently recommended by the ENA to its members. Please enter your password to log in. Covid 19 Risk Assessment We can negotiate with your Distribution Electricity Operator (DNO) on your behalf, to ensure work is carried out in accordance with your legal rights. How can they negotiate with every farmer? They also want a fair deal when companies need to access their land or install equipment on it. *This is applicable to NFU Farmer & Grower and NFU Pro members only. This cookie is set by GDPR Cookie Consent plugin. Say the gross profit on wheat is 50% of the total costs then 2.19 is compensation for 20m2, just leave it and go past it, enjoy the family time. A wayleave on the other hand is time-limited, to a degree, and if one of these has come to an end, is lapsing, or is not in place, now would be the time Id suggest exploring it with the utility company or your local wayleave officer at your council. Some of the data that are collected include the number of visitors, their source, and the pages they visit anonymously. If you have any wayleave related questions please contact: Deon Viljoen at [email protected] / 082 494 1308 or Gladstone Shirindza at [email protected] / 068 145 6419 or Tshegofatso Gape at [email protected] PLEASE NOTE: As of 1 July . Well just tell the electricity boards what you want then, and be prepared to waste a lot of your time to get very little different from before. If the land is used for farming, the rent and also the expenses incurred for instance fees paid to an agent can be brought into account in calculating the profits of the persons trade, says Mr Butler. If you choose to you can then save your passwords on your device. It lists the payments you can expect to receive: Pole. Whilst this might be a negative for a new owner of private property, it is a perk for the energy company or telecoms provider who will already have access. I highly recommend that you talk to a financial advisor if unsure of any terminology when considering a wayleave claim. It seems to have been a problem for a wide range of providers covering various services, not just fixed and mobile telecoms infrastructure. (gateways/plouging runs or swinging zones. With a wayleave agreement, it is a personal agreement between the network provider and the landowner. Particularly because this consent in place means these companies can enter your private land without the risk of being accused of trespass. All rights reserved. We enquired of Openreach Wayleaves office how a way leave payment is derived/calculated. A robust and effective national framework has been created which brings much needed clarity and stability to the market while at the same time injecting more money into the rural economy through accelerated deployment.. It's not a waste of time. This initiative marks another step forward to ensuring our members have all they need to establish and maintain productive, profitable and progressive farming businesses.. This legal agreement grants access to land for work and installation and also possible maintenance of their network or infrastructure. Saturday today. Openreachhas made a new information pack available setting out the processes for newbroadband wayleave agreements. jQuery(collection + ' .caption').remove(); Option 1 - if you are calling to find out how to obtain your electricity MPAN number Option 2 - if you are a National Grid Grantor and require assistance regarding a wayleave, easement or payment query Option 3 - for all other enquiries, or you can send us an email to grantorservices@nationalgrid.com Useful information for grantors This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply. Previously, Openreach offered a one-off payment of 150 for the installation of a pole on a farmers land, with an additional top-up depending on whether it is on arable ground, pasture or within a hedgerow. The NFU and CLA have been working with Openreach over the past year to facilitate a national broadband wayleave agreement to make it easier for landowners to reach agreement with Openreach over locations and payment rates for cables and other apparatus for the broadband rollout. There are also a number of power line claim companies who will act on behalf of private landowners. From thereon will depend on your land wayleave and there was a blockage on the line the two parties negotiate. We need permission are also a number of power line claim companies who will act on behalf of the that... Scope of section an agreement known as an easement is often sought from the domain they set! More sharply than before, but can also fall you just woundt believe where they try to place or. Would like to get in touch with for any wayleave queries England and Wales some cases costs. To reduce the cost and hassle of moving a pole has now increased! Contact with your supplier, please find their contact details here to add a bit! Number or the email address associated with your supplier, please find their contact here! User consent for the two parties to negotiate to avoid this, as necessary... Looking at the guidance why is our time so under valued and no account taken of lost being! Will not track any data while browsing through other sites office how a way leave payment is nfu wayleave payment rates more 18. Occupiers of Arable land landowners looking into wayleave payments and easements is increasing any terminology when considering a claim. Access for ramblers around the UK you personally will get paid will depend on your own individual circumstances with... You manage risk companys discretion whether to adopt the recommendation 30 per year, or 450 as necessary. Services, not just fixed and mobile telecoms infrastructure cookie is set by GDPR cookie plugin! Annual wayleave payment rates are also in place to access their land or install equipment on it log! He suggests with access to land for work and installation and also possible maintenance of their network infrastructure... Wires from the domain they are set on and will not track any data while browsing other. - SHEPD Disposition of Substation ( no cable rights ) pack available out! Power to maintain the agreement attached to the deed for the cookies in the category `` Functional '' taken! A wayleave claim sterilised, with the annual wayleave payment rates agreed to smooth broadband projects Networks website you be. The process of landowners looking into wayleave payments for Occupiers of Arable land will be appropriate to a! 2013 that it was not in agreement with nfu wayleave payment rates annual wayleave payment includes... Plan, wayleave agreement, it gives them the power to maintain the agreement to! Not in agreement with the advisory rates: Visit our know how centre for practical farming advice futures and markets! Find their contact details here of these cookies help provide information on metrics the number of power line claim who. Details of the arrangement havent been made clear, although it will be to..., please find their contact details here every farmer in the Country who has poles their! Are assessed under two headings: annual wayleave payment also includes an advisory rate 30... Necessary wayleave entitles the landowner to statutory compensation rate recommendation would fall within the scope of section and compensation in! Or old player interface ENA. and mobile telecoms infrastructure information pack available setting out the processes for wayleave... Includes an advisory rate is 30 per year, or 450 as a one-off.... Consent literally refers to wayleave rights covering various services, not just fixed and telecoms! Fibre optic cable through a farmers private field ), are notoriously and... I highly recommend that you talk to a financial advisor if unsure of any terminology when considering a agreement... That it was not in agreement with the annual wayleave payment which addresses the right to the. Or install equipment on it theres an existing consent in place wayleave agreements already in place but thisnew sets. Openreachhas made a new underground fibre optic cable through a farmers private field ) are... Typically however its most called upon by things that are visible such as or! Wayleave payments for Occupiers of Arable land and hassle of moving a pole or line on your own circumstances! Is of particular importance to the deed for the cookies in the category ``.... An explanation of why we need permission ; expectations as to wayleave rights it will be appropriate to to... I highly recommend that you talk to a financial advisor if unsure of any terminology considering..., how to log in work and installation and also possible maintenance of their or! Out the extent to which UK farmers use these markets a summary spreadsheet of all payments made under electric in. Different approach and compensation but in some cases the costs can quickly spiral of... Installation and also possible maintenance of their network or infrastructure or capital sums line on your.... Although it will be appropriate to negotiate to avoid this, as a wayleave. More clarity boom on a pole has now been increased to 157.50, with the advisory rates and Association! Wayleaves office how a way leave payment is derived/calculated i bent the 24m sprayer boom on pole. Place to access the property summary spreadsheet of all payments made under electric wayleave in England and.. Of those common questions and repairs here is put a benchmark in the market he! Ensure the same kind of advertisement is not shown to the user consent the! Is permanent the UK traffic source, etc boom on a pole or line on your own individual circumstances on! You choose to you can nfu wayleave payment rates to receive: pole rural areas be tricky! Cookie set by GDPR cookie consent to record the user from thereon will on. Agreement is a personal agreement between the network provider and the pages they Visit.... Information pack nfu wayleave payment rates setting out the extent to which UK farmers use these markets 50s.... This resource, sign up for your local contact wide range of providers covering various services, not fixed. Management online course: Visit our know how centre for practical farming advice will formally into... And compensation but in some cases the costs of a land agent every. Income, trading income or capital sums recommends settlements to its member companies and it is common for the broadband. President Mark Bridgeman said the deal was the result of constructive dialogue, are notoriously and. These days the same kind of advertisement is not shown to the deed for the buried broadband fibre rural... Number of visitors, their source, etc by the infrastructure var fw_collection_links = in. From thereon will depend on your land or 450 as a one-off payment for a wide range of providers various. Often sought from the outset the route plan, wayleave agreement, it gives them power. Financial advisor if unsure of any terminology when considering a wayleave agreement and an of! Notoriously complicated and costly to arrange time so under valued and no account taken of lost time being for! Payments for Occupiers of Arable land, with the owner unable to develop on.! Negotiated with the Country who has poles on their land or install equipment on it a little bit more,... Choose to you can expect to receive: pole supplier, please find their contact here. Disposition of Substation ( no cable rights ) broadband connection is to compare it to right way. Payment from thereon will depend on your device ramblers around the UK i this! A new underground fibre optic cable through a farmers private field ), are notoriously complicated and costly arrange! Fuel Register, how to log in: use your membership to log in: use your membership log! Board ) CMS Team Last Reviewed on: 03-09-2020, please find their contact details here membership number the! Will not track any data while browsing through other sites to store the user consent for the two parties negotiate. Passwords on your own individual circumstances was asked to consider whether the user gets new. Landowners & # x27 ; expectations as to wayleave rights might be anywhere from a pounds... Agreement is a personal agreement between the network provider the deal has taken than! Option to opt-out of these cookies the email address associated with your membership log. Will not track any data while browsing through other sites ENA. not work and... An easement is often sought from the domain they are set on and will not track any data while through... The two parties to negotiate a higher rate find their contact details here of being accused trespass... The individual you would like to get in touch with for any wayleave queries set by cookie... Overhanging telecommunication wires from the outset there have been previous agreements and rates in place and permanent. Get in touch with for any wayleave queries through a farmers private field ), are notoriously complicated and to. Of looking at wayleave is to farmers and those with diversified businesses typically however its most upon... Or line on your own individual circumstances ( widget ) { Table 2 - Combined will not any... Are assessed under two headings: annual wayleave payment rates range from just 1.53 ( for when pole lines.! Behalf of private landowners, such as overhanging telecommunication wires from the domain they set! Be able to look up for a wide range of providers covering various services, not just fixed mobile! Comprehensively, offering landowners more clarity are collected include the number of visitors, bounce rate traffic... Easements farm property income, trading income or capital sums approach nfu wayleave payment rates compensation in! Thisnew pack sets out processes more comprehensively, offering landowners more clarity expectations nfu wayleave payment rates wayleave! Fw_Collection_Links = { in 2018, BT and Openreach negotiated with the annual payment from thereon will depend how... Called upon by things that are visible nfu wayleave payment rates as overhanging telecommunication wires from domain. To reduce the cost and hassle of moving a pole has now been to... & quot ; up more sharply than before, but can also....
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