Roads Act 1993

Powers of inspection.

78

78. (1) In this section “ authorised person” means a person authorised for the purposes of this section by the Minister, the Authority or a road authority.

(2) Any authorised person shall be entitled to enter at all reasonable times (subject to his producing, if so required, his authority in writing as such person) and inspect any land or any thing on, in or under any land for the purposes of any enactment (including this Act) relating to the construction or maintenance of public roads or for any purpose incidental thereto.

(3) An authorised person shall be entitled in the performance of his functions under this section to take with him on to land such persons and equipment as he considers necessary to assist him and to carry out such surveys, investigations, excavations, borings or tests, to take samples or to do any other thing which he considers necessary for the purposes referred to in subsection (2).

(4) Where an authorised person is refused entry to land in the exercise of his functions under this section the Minister, the Authority or the road authority, as the case may be, may apply to the District Court for a warrant authorising such entry.

(5) ( a) If, on a claim made to the Minister, the Authority or the road authority, as the case may be, it is shown that, as a result of the exercise of any function under this section, any person has suffered damage, that person shall be entitled to be paid by the Minister, the Authority or the road authority, as the case may be, compensation in respect of the damage and the amount of the damage may, in default of agreement, be determined by any court of competent jurisdiction.

( b) A claim under this section shall be made within (but not after)—

(i) six months after the damage is suffered, or

(ii) such longer period as the court may allow if it appears to the court that there are reasonable grounds for requiring a longer period and that it would be just and reasonable to extend the period.