juris

Section 12: Power of entry

Ground Water Act

consolidated text (as at 2009). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.

12. Power of entry (1) Any officer authorised in writing by the Authority, on giving 24 hours’ notice to the occupier of any land, may— (a) enter the land for the purpose of— (i) inspecting any ground water or any works; (ii) taking any measurement which may appear to the Authority to be necessary; (iii) ascertaining whether an offence has been, is being or is about to be committed against this Act; (iv) conducting investigations and experiments to ascertain the availability and amount of ground water under such land and the possibility of exploiting such ground water; or (v) giving effect to this Act; or (b) install temporarily on any such land any machinery or instrument in connection therewith. (2) The occupier of any land to which an officer has been given access under subsection (1) shall, where it is necessary, provide a passage for materials and for persons. (3) Where the owner or occupier of any property sustains any damage, including the loss of value to the property by reason of any works carried out by an officer authorised under subsection (1), the owner or occupier shall be entitled to compensation in respect of the damage. (4) Where, under subsection (3), compensation is applied for and is refused or where the owner or occupier of the property is dissatisfied with the amount of the compensation offered, whatever the value of the property involved or the amount of compensation claimed, notwithstanding any other enactment, the owner or occupier may, within 15 days of the date on which the decision of the Authority has been duly notified to him, require the Authority to appoint a tribunal, composed of one or more members, for the purpose of settling the dispute.

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