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17.—(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 limiting 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 limiting 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, if so required, produce written evidence of the authority to do so; and
(b)may take with him or her such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.
(4) No trial holes may 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 powers conferred by this article, such compensation to be determined, in case of dispute, under Part 1 of the 1961 Act.
(6) If a highway authority or a street authority fails to notify the undertaker of its decision within 28 days of receiving an application for consent—
(a)in the case of a highway authority, under paragraph (4)(a); or
(b)in the case of a street authority, under paragraph (4)(b),
the authority is deemed to have given consent.
Commencement Information
I1Art. 17 in force at 7.9.2016, see art. 1(2)
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