Energy (Miscellaneous Provisions) Act 2006

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Power of entry.

27.— (1) For the purpose of deciding whether or not to prepare, revise or implement a mine rehabilitation plan in respect of the site of a former mine or in preparing, revising or implementing such a plan, the Minister, a local authority acting as agent of the Minister or a local authority acting on its own behalf (as the case may be) has—

(a) at all reasonable times a right of entry and a right of way to the site of the former mine, subject to—

(i) except in cases of urgency, advance notice to the owner or occupier (in so far as such owner or occupier can reasonably be ascertained), and

(ii) if requested, the payment of compensation of an amount for any loss or expenditure incurred by the owner or occupier of any land affected by the exercise of the right of entry and the right of way by the Minister or the local authority concerned, but only to the extent that it is just and equitable in the circumstances after having had regard to─

(I) any improvement in the land to the benefit of the owner or occupier as a consequence of the mine rehabilitation plan,

(II) any obligation that the owner or occupier of the land concerned has in respect of the site of the former mine,

and

(b) all such powers as may be necessary or expedient for or incidental to its functions in relation to a mine rehabilitation plan.

(2) Where─

(a) before the passing of this Act a project, similar in nature to a mine rehabilitation plan, was commenced in respect of the site of a former mine by a local authority, whether acting as agent for the Minister or otherwise, and

(b) the project continues to be implemented or, having been implemented, the site or any part of it requires monitoring for the purposes set out in section 24 (1)(a),

then paragraphs (a) and (b) of subsection (1) shall apply in respect of the site.

(3) (a) The functions of the Minister or a local authority under this section may be exercised by one or more persons on behalf of the Minister or the local authority.

(b) The owner or occupier of land to which subsection (1) relates may request evidence of identity in respect of a person exercising functions pursuant to paragraph (a).

(c) For the purposes of paragraph (b), evidence of identity may be proved in one of the following ways:

(i) if the person is an officer or employee of the Minister or the local authority, an identity card or such other document issued by or on behalf of the Minister or the local authority which identifies that person as an officer or employee (however expressed) of the Minister or the local authority, as the case may be;

(ii) in any other case─

(I) where a notice to which subsection (1)(a)(i) relates is given in writing and identifies the person given the power of entry, sufficient evidence to identify that person or that the person to whom the evidence relates is an officer or employee (however expressed), or is acting as an agent, of the person given the power of entry, or

(II) evidence in writing from or on behalf of the Minister or from the local authority that the person has been given the power of entry, together with sufficient evidence to identify that person or that the person to whom the evidence relates is an officer or employee (however expressed), or is acting as an agent, of the person given the power of entry.