44Right of entry on land

44 Right of entry on land

(1)  A person who is authorised for the purposes of this Division may, subject to this Part, enter on land with the agreement of the owner of the land or as authorised under subsection (2)  –

(a) to conduct surveys or to assess the suitability of the land for the construction or installation of gas infrastructure; or

(b) for the purpose of gaining access to gas infrastructure land to carry out gas infrastructure activities on the land.

(2)  The Regulator may, in writing, authorise a person to whom this Division applies to, without the agreement of the owner of the land, enter and remain on land under this section on the conditions that the Regulator considers appropriate.

(3)  If a person who is authorised under subsection (2) enters on land under that authority, that person must –

(a) comply with any conditions to which that authority is subject; and

(b) do as little damage as possible and act so as to minimise the impact of work carried out by the person on the activities of other persons on the land; and

(c) make good any damage caused to the land as a result of carrying out activities on the land.

(4)  A person who is authorised under subsection (2) may use reasonable force to enter on land.

(5)  A person authorised under subsection (2) to enter on land to ascertain whether that land is suitable for the construction or installation of gas infrastructure or to obtain information in relation to that land may –

(a) enter and remain on that land with such assistants, vehicles, machinery and equipment as the person thinks fit; and

(b) make surveys, take levels, sink pits, examine the soil and do any other thing in relation to the land that is necessary for the purpose for which the land has been entered.

(6)  A person authorised under subsection (2) to enter on land –