Historic Environment (Wales) Act 2023

154 Warrant to enter land E+W

(1) This section applies if a justice of the peace is satisfied on sworn information in writing—

(a) that there are reasonable grounds for entering land for a purpose mentioned in section 152, and

(b) that—

(i) admission to the land has been refused or a refusal is reasonably expected, or

(ii) the case is one of urgency.

(2) The justice of the peace may issue a warrant conferring a power to enter the land on any person who is authorised in writing by a person who may authorise entry under section 152 for the purpose in question.

(3) For the purposes of subsection (1)(b) admission to land is to be treated as having been refused if no reply is received to a request for admission within a reasonable period.

(4) Section 152(9) applies to a power to survey land conferred by a warrant under this section.

(5) A warrant under this section confers a power to enter land—

(a) on one occasion only, and

(b) only at a reasonable time, unless the case is one of urgency.

(6) A person authorised to enter land under this section—

(a) must, if required to do so by or on behalf of any owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land,

(b) may take on to the land any other persons that are necessary,

(c) must, if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.

(7) A warrant under this section ceases to have effect at the end of 1 month beginning with the day it is issued.

(8) This section does not apply in relation to Crown land.

Commencement Information

I1 S. 154 not in force at Royal Assent, see s. 212(2)

I2 S. 154 in force at 4.11.2024 by S.I. 2024/860, art. 3(b)