Disused Mine and Quarry Tips (Wales) Act 2025

Prospective

67 Warrant to enter land E+W

(1) A justice of the peace may, on an application made by the Authority, issue a warrant conferring power on an authorised person to enter land, if necessary by force.

(2) A justice of the peace may issue a warrant only if satisfied, on sworn information in writing—

(a) that there are reasonable grounds for entering the land for a purpose mentioned in section 65(1), and

(b) that one or more of the conditions in subsection (3) is met.

(3) The conditions are—

(a) that it has not been possible to give notice under section 66 to every occupier of the land, despite reasonable efforts to do so;

(b) that entry to the land has been refused or obstructed or that a refusal or obstruction is reasonably expected;

(c) that it is necessary for the authorised person to enter residential land.

(4) For the purposes of subsection (3)(b), entry to land is to be treated as having been refused if no reply is received to a request or demand for admission within a reasonable period.

(5) If a justice of the peace is satisfied, on sworn information in writing, that it is necessary for the authorised person, for a purpose mentioned in section 65(1)—

(a) to take other persons, equipment or material on the land, or

(b) to leave equipment or material on the land,

the warrant may also confer power on the authorised person to do those things; and if the warrant does so, it must include details of the persons, equipment or material.

(6) A warrant issued under subsection (1) may confer power on the authorised person—

(a) to carry out inspections and examinations (including tests and surveys) on the land;

(b) to take measurements and photographs and make recordings;

(c) to take and remove samples from the land.

(7) A warrant issued under this section continues in force until the purpose for which it is issued has been fulfilled.

(8) In this section--

• “land” (“tir”) does not include Crown land;

• “residential land” (“tir preswyl”) has the meaning given by section 66(7).

Commencement Information

I1 S. 67 not in force at Royal Assent, see s. 92(3)