Article 13 Authority to survey and investigate 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 or investigate the land;

(b)

without limiting 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 subsoil and remove soil samples;

(c)

without limiting sub-paragraph (a), carry out ecological or archaeological investigations on the land; and

(d)

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

(2)

Paragraph (1) does not authorise the undertaker to carry out any of the actions listed in sub-paragraphs (a) to (d) on any land seaward of MHWS.

(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 on entering the land, produce written evidence of the authority to do so; and

(b)

may take with him or her such vehicles and equipment as are necessary to carry out the survey or investigation 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.

(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 of the 1961 Act.

(7)

If either a highway authority or street authority which receives an application for consent—

(a)

under paragraph (5)(a), in the case of a highway authority; or

(b)

under paragraph (5)(b), in the case of a street authority,

fails to notify the undertaker of its decision within 28 days of receiving the consent, the authority is deemed to have given consent.

Annotations

Commencement

I1: Art. 13 in force at 27.9.2016, see art. 1(2)