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Planning (Hazardous Substances) Act 1990

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This is the original version (as it was originally enacted).

36Rights of entry

(1)Any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land for the purpose of surveying it in connection with—

(a)any application for hazardous substances consent;

(b)any proposal to issue a hazardous substances contravention notice.

(2)Any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land for the purpose of ascertaining whether an offence appears to have been committed under section 23.

(3)Any person who is an officer of the Valuation Office or a person duly authorised in writing by a hazardous substances authority may at any reasonable time enter any land for the purpose of surveying it, or estimating its value, in connection with a claim for compensation in respect of that land or any other land made by virtue of section 16 or 19.

(4)Any person duly authorised in writing by the Secretary of State or by a hazardous substances authority may at any reasonable time enter any land in respect of which a hazardous substances contravention notice has been issued for the purpose of ascertaining whether the notice has been complied with.

(5)Subject to subsection (6), any power conferred by this section to survey land shall be construed as including power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals in it.

(6)Section 325 of the principal Act (supplementary provisions as to rights of entry) applies in relation to this section as it applies in relation to section 324 of that Act, but taking the reference in section 325(8) to section 324(8) as a reference to subsection (5).

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