Regulation 23 Power of entry and default powersI1

England and Wales

(1)

Subject to paragraph (2) below, any person duly authorised in writing by F1the appropriate forestry body may at any reasonable time enter any land on which he or the Commisioners reasonably suspects F2... that work in relation to a relevant project is being or has been carried out—

(a)

without consent, where such consent is required under regulation 4, or

(b)

in breach of a condition subject to which consent has been granted.

(2)

Where any measures required by an enforcement notice by virtue of regulation 20(2) (other than discontinuance of the relevant project) have not been taken within the period specified in the enforcement notice—

(a)

any person duly authorised by the appropriate forestry body may at any reasonable time enter the land to which the enforcement notice relates and take those measures, and

(b)

the appropriate forestry body may recover from the person on whom the enforcement notice was served any expenses reasonably incurred by them in doing so.

(3)

A person authorised under paragraphs (1) or (2) above to enter any land shall, if so requested, produce evidence of his authority before so entering.

Annotations

Textual amendments

F1: Words in reg. 23 substituted (1.4.2013) by The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 107 (with Sch. 7)
F2: Words in reg. 23(1) omitted (1.4.2013) by virtue of The Natural Resources Body for Wales (Functions) Order 2013 (S.I. 2013/755), art. 1(2), Sch. 4 para. 108 (with Sch. 7)

Commencement

I1: Reg. 23 in force at 6.9.1999, see reg. 1(1)