The Leicestershire County Council (Ashby de la Zouch Canal Extension) Order 2005

Power to survey and investigate land

15.—(1) The undertaker may for the purposes of this Order and subject to subparagraph (2)—

(a) survey or investigate any land which may be affected by the authorised works;

(b) make trial holes on the land in such positions as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;

(c) place on, leave on or remove from the land apparatus for use in connection with the survey or investigation of the land or making of trial holes; and

(d) enter on the land for the purpose of exercising any of the powers conferred by sub-paragraphs (a) to (c) above.

(2) Before exercising any of the powers conferred by subparagraph (1), the undertaker shall—

(a) serve on every owner and occupier of the land a notice giving at least 7 days' notice of the proposal to exercise that power; and

(b) obtain the consent of the street authority in respect of trial holes to be made in any carriageway or footway.

(3) Any person entering land under this article on behalf of the undertaker—

(a) shall, if so required before or after entering the land, produce written evidence of his authority to do so; and

(b) may take with him such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes.

(4) The undertaker shall compensate the owners and occupiers of the land for any damage occasioned by the exercise of the powers conferred by this article.

(5) In the case of dispute, the compensation referred to in sub-paragraph (4) shall be determined under Part I of the 1961 Act.