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The Environment (Northern Ireland) Order 2002

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Powers of entry

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44.—(1) Any person authorised in writing by the Department may, at any reasonable time and (if required to do so) upon producing evidence that he is authorised, enter any land for any of the following purposes—

(a)to determine whether a declaration should be made in relation to the land under Article 28(1)

(b)to assess the condition of the flora, fauna, or geological, physiographical or other features by reason of which land in relation to which a declaration has been made under Article 28(1) is of special scientific interest;

(c)to ascertain whether a condition to which a consent referred to in Article 32(3)(a) was subject has been complied with in relation to the land;

(d)to determine whether or not to offer to enter into a management agreement in relation to the land;

(e)to formulate a management agreement for the land or determine whether a management agreement for the land should be modified;

(f)to ascertain whether the terms of a management agreement in relation to the land have been complied with;

(g)to prepare a management notice for the land;

(h)to ascertain whether the requirements of a management notice in relation to the land have been complied with;

(i)to carry out works or do other things on the land under Article 35(8);

(j)to determine whether or not to offer to make a payment under Article 37 in relation to the land;

(k)to determine any question in relation to the acquisition of the land by agreement or compulsorily;

(l)to ascertain whether an offence under Article 46 is being, or has been, committed on or in relation to the land;

(m)to carry out operations on the land under Article 47(5).

(2) The power conferred by paragraph (1) to enter land for any purpose includes power to enter for the same purpose any land other than that referred to in paragraph (1).

(3) More than one person may be authorised for the time being under paragraph (1) to enter any land.

(4) A person shall not demand admission as of right to any land which is occupied unless either—

(a)24 hours notice of the intended entry has been given to the occupier; or

(b)the purpose of the entry is to ascertain if an offence under Article 46 is being, or has been, committed on or in relation to that land.

(5) A person acting in the exercise of a power conferred by paragraph (1) may—

(a)use a vehicle or a boat to enter the land;

(b)take a constable with him if he reasonably believes he is likely to be obstructed;

(c)take with him equipment and materials needed for the purpose for which he is exercising the power of entry;

(d)take samples of the land and of anything on it.

(6) If in the exercise of a power conferred by paragraph (1) a person enters land which is unoccupied or from which the occupier is temporarily absent, he must on his departure leave it as effectively secured against unauthorised entry as he found it

(7) It is the duty of the Department to compensate any person who has sustained damage as a result of—

(a)the exercise of a power conferred by paragraph (1) by a person authorised under that paragraph, or

(b)the failure of a person so authorised to perform the duty imposed on him by paragraph (6),

except where the damage is attributable to the fault of the person who sustained it.

(8) Any dispute as to a person’s entitlement to compensation under paragraph (7) or as to its amount shall be referred to and determined by the Lands Tribunal.

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