34MCare to be taken

34M Care to be taken

34M Care to be taken

(1) In the exercise of a power under this Division, an authorised officer must do as little damage as possible.

(2) As far as practicable, entry onto fenced land must—

(a) be made through an existing opening in the enclosing fence, or

(b) if entry through an existing opening is not practicable—through a new opening.

(3) A new opening made under this section must be properly closed when the need for entry ends.

(4) If, in the exercise of a power under this Division, a pit, trench, hole or bore is made, the Authority or the ETNO must, if the owner or occupier of the land requires—

(a) fence the pit, trench, hole or bore, and

(b) keep the pit, trench, hole or bore securely fenced for as long as it remains open or not sufficiently sloped down, and

(c) without unnecessary delay, fill up, level or sufficiently slope down the pit, trench, hole or bore.

s 34M: Ins 2022 No 20, Sch 1[4].