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Regional Development Agencies Act 1998

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This is the original version (as it was originally enacted).

21Rights of entry

(1)Any person who is duly authorised in writing by a regional development agency may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with—

(a)any proposal by the agency to acquire the land or any other land, or

(b)any claim for compensation in respect of any such acquisition.

(2)A person authorised under this section to enter any land shall, if so required, produce evidence of his authority before entry.

(3)A person may only exercise a right under this section to enter any land if at least 28 days' notice of the intended entry was given to every owner or occupier of the land.

(4)A notice under subsection (3) shall—

(a)state the purpose for which entry is required, and

(b)inform the person to whom it is given of his rights under this section.

(5)The power under subsection (1) to survey land includes power to search, bore and remove soil samples for the purpose of ascertaining the nature of the subsoil or the presence in it of minerals or pollutants.

(6)No person shall carry out under this section any works authorised by virtue of subsection (5) unless notice of his intention to do so was included in the notice under subsection (3).

(7)The authority of the appropriate Minister shall be required for the carrying out under this section of works authorised by virtue of subsection (5) if the land in question is held by statutory undertakers and they object to the proposed works on the ground that the execution of the works would be seriously detrimental to the carrying on of their undertaking.

(8)Where any land is damaged—

(a)in the exercise of a right of entry conferred under this section, or

(b)in the making of any survey for the purpose of which any such right of entry has been so conferred,

compensation in respect of the damage may be recovered by any person interested in the land from the regional development agency which authorised the exercise of the powers conferred by this section.

(9)The provisions of section 118 of the [1990 c. 8.] Town and Country Planning Act 1990 (determination of claims for compensation) shall apply in relation to compensation under subsection (8) as they apply in relation to compensation under Part IV of that Act.

(10)In subsection (3), “owner” has the same meaning as in the [1981 c. 67.] Acquisition of Land Act 1981.

(11)Expressions used in subsection (7) have the same meanings as they have in section 325(9) of the Town and Country Planning Act 1990 (supplementary provisions as to rights of entry).

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