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The Clocaenog Forest Wind Farm Order 2014
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- art. 36(1A) inserted by S.I. 2017/1197 art. 4(2)
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- art. 36(1A) inserted by S.I. 2017/1197 art. 4(2)
Authority to survey and investigate the landE+W
19.—(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits and—
(a)survey 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 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 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) 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.
(3) Any person entering land under this article on behalf of the undertaker—
(a)must, in order to enter onto land under this article, if so required when 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 or investigation or to make the trial holes.
(4) No trial holes shall 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 may not be unreasonably withheld.
(5) The undertaker will 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, Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(6) If either a highway authority or a street authority fails to notify the undertaker of a decision within 28 days of receiving an application or consent under paragraph (4)(a) or (4)(b), as the case may be, that authority will be deemed to have granted consent.
Commencement Information
I1Art. 19 in force at 2.10.2014, see art. 1
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