387Powers of entry: scope and restrictions(1)

A power to enter land under section 386 may be exercised at any reasonable time.

(2)

A person authorised to enter land under that section may not demand admission as of right to any land that is occupied unless at least 24 hours’ notice of the intended entry has been given to every occupier.

(3)

A person authorised to enter land under that section must, if required to do so by or on behalf of any owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land.

(4)

A power to enter land under section 386 to survey it includes power to search and bore to determine the nature of the subsoil or the presence of minerals.

(5)

Subsection (6) applies where a person who is authorised to enter land to survey it—

(a)

is required to give notice of the intended entry under subsection (2), and

(b)

proposes to carry out works under subsection (4).

(6)

The person may not carry out the works unless the notice of intended entry includes notice of the person’s intention to carry them out.

(7)

Where—

(a)

a person proposes to carry out works under subsection (4) on land that belongs to a statutory undertaker, and

(b)

the undertaker objects to the proposed works on the ground that carrying them out would be seriously detrimental to the carrying on of its undertaking,

the person may not carry out the works without the agreement of the appropriate Minister.