16.—(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 development and—
(a)survey or investigate the land;
(b)without prejudice to the generality of sub-paragraph (a), make trial holes, boreholes or excavations 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 prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land; and
(d)place and leave on the land apparatus for use in connection with the survey and investigation of land and making of trial holes, boreholes or excavations.
(2) No land may be entered or equipment placed or left on the land under paragraph (1) unless at least 14 days' notice has been served on every owner and occupier of the land.
(3) 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 on to the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes, boreholes or excavations.
(4) No trial holes, boreholes or excavations are to be made under this article—
(a)in land located within the highway boundary without the consent of the relevant highway authority; or
(b)in a private street without the consent of the street authority.
(5) The undertaker must—
(a)make good any damage to the land where it has made a trial hole, boreholes or excavation;
(b)remove from the land any apparatus used in connection with the survey and investigation of land when no longer required; and
(c)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 (determination of questions of disputed compensation).
Commencement Information
I1Art. 16 in force at 14.4.2020, see art. 1