PART 4SUPPLEMENTAL POWERS
Authority to survey and investigate the land onshore
article 19 19.—(1) The undertaker may for the purposes of this Order enter on any land shown within the Order limits or which may be affected by the authorised project or land on which surveys and investigations are required for the monitoring of the authorised project or for the carrying out of ground, ecological or archaeological investigations and—
article 19 1 a (a)survey or investigate the land including aerial surveys carried out by drone;
article 19 1 b (b)without prejudice to the generality of sub-paragraph (a), survey, monitor and or investigate the land and any buildings or structures on that land for the purpose of investigating the potential effects of the authorised project on that land or buildings or structures on that land or for enabling the construction, operation use and maintenance of the authorised project;
article 19 1 c (c)without prejudice to the generality of sub-paragraph (b) make trial pits or boreholes in such positions on the land as the undertaker thinks fit to investigate the nature of the surface layer and subsoil and remove soil samples;
article 19 1 d (d)without prejudice to the generality of sub-paragraph (a), carry out ecological or archaeological investigations on such land, including the digging of trial trenches in such positions on the land as the undertaker thinks fit to carry out archaeological and site investigations; and
article 19 1 e (e)place on, leave on and remove from the land apparatus and welfare facilities for use in connection with the survey monitoring and or investigation of land, the making of trial pits or boreholes and or the carrying out of ecological and or archaeological investigations.
(2) No land may be entered or equipment placed or left on or removed from the land under sub-paragraph (1) unless at least 14 days’ notice has been served on every owner or occupier of the land.
(3) Any person entering land under this article on behalf of the undertaker—
article 19 3 a (a)must, if so required on entering the land, produce written evidence of their authority to do so; and
article 19 3 b (b)may take with them such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial pits or boreholes.
(4) No trial pits or boreholes are to be made under this article—
article 19 4 a (a)in land forming a railway without the consent of Network Rail;
article 19 4 b (b)in land held by or in right of the Crown without the consent of the Crown;
article 19 4 c (c)in land located within the highway boundary without the consent of the highway authority; or
article 19 4 d (d)in a private street without the consent of the street authority,
but such consent must not be unreasonably withheld or delayed.
(5) Following completion of any activities being undertaken pursuant to this article the undertaker must remove all equipment, apparatus and welfare facilities placed on the land in connection with such activities as soon as practicable, and the land must be restored to its original condition.
(6) The undertaker must compensate the owners and occupiers of the land for any loss or damage arising by reason of the exercise of the authority conferred by this article, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act.
(7) If a street authority or highway authority that receives an application for consent or approval fails to notify the undertaker of a decision within 28 days of receiving an application for consent under sub-paragraph 4(c) or (d), that person is deemed to have granted consent or given approval, as the case may be.
(8) Section 13 (refusal to give possession to acquiring authority) of the 1965 Act applies to the entry onto, or possession of land under this article to the same extent as it applies to the compulsory acquisition of land under this Order by virtue of section 125 (application of compulsory acquisition provisions) of the 2008 Act.