The South Hook Combined Heat and Power Plant Order 2014

Authority to survey and investigate and remediate the land

11.—(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits and—

(a) survey or investigate or remediate the land, subject where applicable, in the case of remedial investigations and works to requirement 9 (contaminated land and groundwater), in the case of archaeological investigations and works to requirement 10 (archaeology) and in the case of ecological investigations and works to requirement 11 (ecological management plan);

(b) without prejudice to the generality of sub-paragraph (a), make trial pits or bore holes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and groundwater, remove soil or water samples and conduct any geotechnical, chemical or other testing on such samples;

(c) without prejudice to the generality of sub-paragraph (a), carry out any remedial works the undertaker thinks fit in connection with the authorised development;

(d) without prejudice to the generality of sub-paragraph (a), carry out archaeological or ecological investigations on such land; and

(e) 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 pits or bore 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, if so required upon 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, investigation, or remediation or to make the trial pits or bore holes.

(4) No trial pits or bore 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 must not be unreasonably withheld.

(5) 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.