Authority to survey and investigate the land
20.—(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits, except for Ministry of Justice Land, or which may be affected by the authorised development and—
(a)survey, monitor or investigate the land (including any watercourses, groundwater, static water bodies or vegetation on the land);
(b)without limitation on the scope of sub-paragraph (a), make trial holes, boreholes and excavations in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer, subsoil and groundwater and remove samples from the land as described in paragraph (2);
(c)without limitation on the scope of sub-paragraph (a), carry out ecological or archaeological investigations and monitoring on such 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, boreholes and excavations.
(2) The power conferred by paragraph (1) includes without prejudice to the generality of that 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)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, before or after entering the land, produce written evidence of their authority to do so; and
(b)may take onto the land such vehicles and equipment as are necessary to carry out the surveyor investigation or to make the trial holes, boreholes or excavations.
(5) No trial holes, boreholes or excavations are to be made under this article—
(a)in land located within a 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.
(6) As soon as reasonably practicable following the completion of any activities carried out under paragraph (1), the undertaker must remove any apparatus and restore the land to the reasonable satisfaction of the owners of the land.
(7) 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.
(8) If either a highway authority or street authority which receives an application for consent fails to notify the undertaker of its decision within 28 days of receiving the 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,
that authority will be deemed to have granted consent.
(9) Section 13 of the 1965 Act (refusal to give permission to the acquiring authority) applies to the temporary use of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.