Article 15 Power to survey and investigate landI1
England and Wales
Network Rail may for the purposes of this Order—
survey or investigate any land shown within the Order limits or which may be affected by the authorised works;
without limiting the scope of sub-paragraph (a), make trial holes in such positions as Network Rail thinks fit on the land to investigate the nature of the surface layer and subsoil and remove soil samples;
without limiting the scope of sub-paragraph (a), carry out ecological or archaeological investigations on such land;
take steps to protect or remove any flora or fauna on the land where the flora or fauna may be affected by the carrying out of the authorised works;
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 (d); and
enter on the land for the purpose of exercising the powers conferred by sub-paragraphs (a) to (e).
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.
Any person entering land under this article on behalf of Network Rail—
shall, if so required, before or after entering the land produce written evidence of authority to do so; and
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.
No trial holes shall be made under this article—
in a carriageway or footway without the consent of the highway authority; or
in a private street without the consent of the street authority,
but such consent shall not be unreasonably withheld.
Network Rail shall compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
Nothing in this article obviates the requirement for scheduled monument consent under the Ancient Monuments and Archaeological Areas Act 1979f1.
If either a highway authority which receives an application for consent under paragraph (4)(a) or a street authority which receives an application for consent under paragraph (4)(b) fails to notify Network Rail of its decision before the end of the period of 14 days beginning with the date on which the application was made, it shall be deemed to have granted consent.
Annotations
Commencement
- I1
Art. 15 in force at 21.4.2011, see art. 1
Footnotes
- f1