§ 9 — Power to enter land for pre-construction survey, etc.

9.—(1) Subject to subsection (3), the LTA or a person it authorises for the purposes of this section may, at reasonable times, enter any land or building described in subsection (2) in order to carry out all or any of the following:(a)

survey and take levels of the land;

(b)

set out the line of any works reasonably necessary for constructing, maintaining, operating or improving the railway infrastructure of the cross‑border railway;

(c)

dig or bore into the soil for the purpose of determining whether the soil is suitable for constructing, maintaining, operating or improving the railway infrastructure of the cross‑border railway on, under or over the land;

(d)

inspect any object or structure for the purpose in section 12(1).

(2) The land or building in respect of which a power under this section may be exercised is any land or building within the railway area in respect of which a notice has been published in the Gazette in accordance with section 5 of the Land Acquisition Act 1966 but the land or building has not vested in the State.

(3) The LTA or person authorised must not exercise any power conferred by subsection (1) in respect of any land or building unless every owner and occupier of the land or building is given at least 14 days’ notice of the intention to exercise a power conferred by that subsection.

—(1) Subject to subsection (3), the LTA or a person it authorises for the purposes of this section may, at reasonable times, enter any land or building described in subsection (2) in order to carry out all or any of the following:(a)

survey and take levels of the land;

(b)

set out the line of any works reasonably necessary for constructing, maintaining, operating or improving the railway infrastructure of the cross‑border railway;

(c)

dig or bore into the soil for the purpose of determining whether the soil is suitable for constructing, maintaining, operating or improving the railway infrastructure of the cross‑border railway on, under or over the land;

(d)

inspect any object or structure for the purpose in section 12(1).

(2) The land or building in respect of which a power under this section may be exercised is any land or building within the railway area in respect of which a notice has been published in the Gazette in accordance with section 5 of the Land Acquisition Act 1966 but the land or building has not vested in the State.

(3) The LTA or person authorised must not exercise any power conferred by subsection (1) in respect of any land or building unless every owner and occupier of the land or building is given at least 14 days’ notice of the intention to exercise a power conferred by that subsection.