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Flood and Water Management Act 2010

Powers of entry

138.Paragraph 13 gives powers of entry to land for the following purposes:

  • to establish whether a person has altered, removed or replaced a designated feature without consent of the relevant authority;

  • to determine whether a person has complied with an enforcement notice;

  • to take the steps set out in an enforcement notice if the person on which it was served has not taken them; or

  • to act in an emergency.

139.The authority must give at least 7 days notice to the occupier of the land and state the reason for entry unless an emergency necessitates earlier intervention.

140.Anyone exercising the powers of entry must provide on request written proof of their authorisation to enter the land.

141.Paragraph 13(5) makes it an offence to obstruct a person authorised by the authority from entering land for the purposes of exercising default enforcement powers and emergency powers. Anyone found guilty is liable to up to: (a) two years imprisonment or a fine or both (on indictment); or (b) a fine up to the statutory maximum (on summary conviction).

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