OpenLegislation

Article 16 Power to survey and investigate land, etc.

Original text. Later amendments are not shown.

(1)

The Company may for the purposes of this Order—

(a)

survey or investigate any land within the Order limits or which may be affected by the authorised works;

(b)

without prejudice to the generality of sub-paragraph (a), make trial holes in such positions as the Company thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;

(c)

without prejudice to the generality of sub-paragraph (a), carry out archaeological investigations on any such land;

(d)

place on, leave on and remove from the land apparatus for use in connection with the exercise of any of the powers conferred by sub-paragraphs (a) to (c); and

(e)

enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (d).

(2)

No land may be entered, or equipment placed or left on or removed from the land, under paragraph (1), unless at least 7 days’ notice has been served on every owner and occupier of the land.

(3)

Any person entering land under this article on behalf of the Company—

(a)

shall, if so required, before or after entering the land produce written evidence of authority to do so; and

(b)

may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4)

No trial holes shall be made under this article—

(a)

in a carriageway or footway without the consent of the highway authority; or

(b)

in a private street without the consent of the street authority,

but such consent shall not be unreasonably withheld.

(5)

The Company shall pay compensation for any loss or damage occasioned by the exercise of the powers conferred by this article to the owners and occupiers of the land, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.