Article 19 Authority to survey and investigate the landI1

England, Wales and Scotland

(1)

The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised project and—

(a)

survey and/or investigate the land;

(b)

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

(c)

without prejudice to the generality of sub-paragraph (a), carry out ecological, hydrogeological and/or archaeological investigations on the land; and/or

(d)

place on, leave on and remove from the land apparatus for use in connection with the survey and/or investigation of land, the making of trial holes.

(2)

The power conferred by sub-paragraph (1)(c) includes without prejudice to the generality of that sub-paragraph the power to take, and process, samples of or from any of the following found on, in or over the land—

(a)

water;

(b)

air;

(c)

soil or rock;

(d)

its flora;

(e)

bodily excretions, or dead bodies, of non-human creatures; or

(f)

any non-living thing present as a result of human action.

(3)

No land may be entered or equipment placed or left on or removed from the land under paragraph (1) unless at least 14 days’ notice has been served on every owner and occupier of the land.

(4)

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

(a)

must, if so required entering the land, produce written evidence of their authority to do so; and

(b)

may take with them such vehicles and equipment as are necessary to carry out the survey, investigation, monitoring, or to make the trial holes.

(5)

No trial holes may be made under this article—

(a)

in land located within the highway boundary without the consent of the highway authority; or

(b)

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

but such consent must not be unreasonably withheld or delayed.

(6)

The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.

Annotations

Commencement

I1: Art. 19 in force at 15.9.2016, see art. 1