Entry on land for purposes of explorationE+W+S
10(1)Subject to the following provisions of this paragraph and without prejudice to any other right of entry, a person authorised in writing by a licence holder may, at any reasonable time, enter upon and survey any land for the purpose of ascertaining whether the land would be suitable for use for any purpose connected with the carrying on of the activities which the licence holder is authorised by his licence to carry on.E+W+S
[F1(1A)A person may not be authorised under sub-paragraph (1) to enter and survey or value land in England and Wales in connection with a proposal to acquire an interest in or a right over land (but see section 172 of the Housing and Planning Act 2016).]
(2)A person authorised to enter upon any land under this section shall not demand to do so as of right unless—
(a)14 days notice of the intended entry has been given to the occupier; and
(b)if required to do so, he has produced evidence of his authority.
(3)The powers conferred by this paragraph shall not be exercisable in relation to land which is covered by a building or will be so covered on the assumption that any planning permission which is in force is acted on.
(4)The power to survey land conferred by this paragraph includes power to search and bore for the purpose of ascertaining the nature of the subsoil; but works may not be carried out on the land for this purpose unless—
(a)notice of the proposed works is included in the notice given under sub-paragraph (2) above; and
(b)where land is held by statutory undertakers who object to the works on the ground that the carrying out of the works would be seriously detrimental to the carrying on of their undertaking, the Secretary of State gives his consent.
(5)Where any person exercises any powers conferred by this paragraph, the licence holder by whom he was authorised shall make good any damage done to the land.
(6)In this paragraph “building” includes any garden, yard, outhouses and appurtenances belonging to or usually enjoyed with a building.
Textual Amendments
F1Sch. 4 para. 10(1A) inserted (13.7.2016) by Housing and Planning Act 2016 (c. 22), s. 216(3), Sch. 14 para. 18; S.I. 2016/733, reg. 3(h) (with reg. 6)
Modifications etc. (not altering text)
C1Sch. 4 para. 10(4)(b): transfer of certain functions (S.) (1.7.1999) by S.I. 1999/1750, arts. 1, 2, Sch. 1 (with art. 7)