17Works on private land

17 Works on private land

(1)  For the purposes of the special Act the undertakers may enter on any private land within the limits of the special Act and there –

(a) make surveys, take levels, examine and test the soil, and set out works;

(b) open and break up the soil; and

(c) make, lay down, or place channels and other works and engines.

(2)  Before making their first entry on any land under subsection (1) for the purposes of paragraph (a) thereof, the undertakers shall give 3 days' notice in writing of their intended entry.

(3)  Before making their first entry on any land under subsection (1) for the purposes of paragraphs (b) and (c) thereof or any of them, the undertakers shall give the owner and the occupier of the land 7 days' notice in writing of their intended entry, including a brief statement of what they intend to do thereon under those paragraphs and an estimate of how long they will take to do it.

(4)  Where under this section the undertakers have made, laid down, or placed channels and other works and engines or done any of such things on private land –

(a) they may –

(i) enter and go along the course of their works;

(ii) inspect, clean out, or repair their works or engines;

(iii) alter, remove, or replace their engines; and

(iv) after notice in accordance with subsection (3) , with such modifications as the case requires, alter the course of, or remove or fill in, their works; and

(b) neither the owner nor the occupier of the land may obstruct their passage for the purposes of paragraph (a) of this subsection, except that they may erect and maintain fences that would otherwise obstruct such passage if they, at their own cost, make and maintain therein to the satisfaction of the undertakers gates sufficient to allow such passage.