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Infrastructure (Wales) Act 2024
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- Acts of Senedd Cymru
- 2024 asc 3
- PART 7
- Offences
- Section 108
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108Rights of entry: supplementary provisions
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(1)This section applies where a person has a power to enter land conferred by section 106 or by a warrant under section 107.
(2)A person who intentionally obstructs a person exercising the power of entry commits an offence.
(3)A person guilty of an offence under subsection (2) is liable on summary conviction to a fine.
(4)If damage is caused to land or other property in the exercise of the power of entry, a person suffering the damage may recover compensation from the planning authority that authorised the entry or (as the case may be) from the Welsh Ministers if they authorised the entry.
(5)A claim for compensation under subsection (4) must be made in writing within 12 months beginning with the day the damage was caused (or if the damage was caused over more than one day, the last day it was caused).
(6)Any question of disputed compensation under subsection (4) is to be referred to and determined by the Upper Tribunal.
(7)Section 4 of the Land Compensation Act 1961 (c. 33) (costs) applies to the determination of a question referred under subsection (6) as it applies to the determination of a question under section 1 of that Act, but as if references to the acquiring authority were references to the person from whom compensation is claimed.
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