ABSTRACT
This power includes a ‘power to search and bore on and in the land for the purpose of ascertaining the nature of the subsoil or whether minerals are present in the subsoil’. Any necessary apparatus for use in connection with the survey may be left on or in the land and may be removed when finished with. The authorised person must produce evidence of his authorisation, if requested, and may be accompanied by others if necessary for the survey. If the land is occupied, he must give not less than 14 days’ notice; and, if unoccupied, he must leave the land as effectively secured against trespassers as he found it. If the authorised person wishes to leave apparatus on or in the land he must first give notice to the owner, or if the land is occupied, at least 14 days’ notice to the occupier. There are certain limitations if the land is owned by a statutory undertaker. Compensation is payable to any person with any interest in the land if damage occurs. Any dispute as to a person’s entitlement to compensation is to be determined by the Tribunals Service: section 15(5) and (6). It is a criminal offence to obstruct a person authorised to enter land or to enter with his apparatus. It is also an offence for the authorised person, who enters the land, to wrongfully disclose information he obtains of a manufacturing process or trade secret: section 15(7) and (8).
