C2 Part III Powers of Water Authorities for the purposes of Water Supply
16 Powers of survey and search for water on land. C1
F11
The Scottish Ministers may, on application made to them by Scottish Water, authorise it to survey, in accordance with this section—
a
any land which it proposes to acquire for the purposes of its water undertaking or proposed water undertaking; or
b
any land in, on or over which it is proposed to lay a water main.
2
Notice of any application under subsection (1) shall be given by F2Scottish WaterF3 to the owner and the occupier of the land, and the Secretary of State shall, before giving his authority under subsection (1), consider any representations made to him by any such owner or occupier within 14 days after the receipt of the notice.
3
4
Section 38(3) to (7) shall apply to any right of entry conferred by this section.
5
Admission to any land shall not be demanded in the exercise of any right under subsection (3) unless 24 hours’ notice of the intended entry has been given to the occupier; but where such notice has been given on the first occasion on which the right of entry is exercised, no further notice shall be required before entering on the land on a subsequent occasion in connection with the completion of the survey.
6
The power to survey land under this section shall include power to carry out experimental borings or other works for the purpose of ascertaining the nature of the sub-soil or the presence of underground water therein or the quality or quantity of such water, and to reinstate the land after carrying out any such works.
7
A person shall not carry out any works authorised by subsection (6) on land which is occupied unless at least seven days’ notice of his intention to do so has been given to the occupier of the land; and if the occupier of the land objects to the proposed works on the ground that the carrying out thereof would be seriously detrimental to the carrying on of any undertaking, trade or business carried on by him on that land, the works shall not be carried out except with the authority of the Secretary of State.
8
If any damage or injury is caused by the escape of water from any land on which works have been carried out in pursuance of this section, not being damage in respect of which compensation is payable under section 10, nothing in this section shall be construed as exonerating F6Scottish Water from any liability in respect of that damage to which F7it would be subject if the works had been carried out otherwise than in the exercise of statutory powers.
Pt. III (ss. 12 - 38): power to apply conferred (1.10.1991) by Natural Heritage (Scotland) Act 1991 (c. 28, SIF 46:1, 130), s. 20(10), Sch. 7 para. 5(1)(b)