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LAND DEVELOPMENT VALUES (COMPENSATION) ACT (NORTHERN IRELAND) 1965 - SECT 40



40.(1) Any person duly authorised in writing by the Ministry may at any
reasonable time enter upon any land for the purpose of surveying it, or
estimating its value, in connection with a claim for the determination of its
development value or for compensation under this Act.

(2) Subject to subsections (3) to (8), the power conferred by subsection (1)
to survey land shall be construed as including power to search and bore for
the purpose of ascertaining the nature of the subsoil or the presence of
minerals therein.

(3) A person authorised under subsection (1) to enter upon any land

(a)shall, if so required, produce evidence of his authority before so
entering; and

(b)shall not demand admission as of right to any land which is occupied unless
three days' notice of the intended entry has been given to the occupier.

(4) Any person who wilfully obstructs a person acting in the exercise of his
powers under subsection (1) shall be liable on summary conviction to a fine
not exceeding twenty pounds.

(5) If any person who, in compliance with subsection (1), is admitted into a
factory, workshop or workplace discloses to any person any information
obtained by him therein as to any manufacturing process or trade secret, he
shall, unless the disclosure is made in the course of performing his duty in
connection with the survey or estimate for which he was authorised to enter
the premises, be liable on summary conviction to a fine not exceeding one
hundred pounds or to imprisonment for a term not exceeding three months.

(6) Where any land is damaged in the exercise of a right of entry conferred
under subsection (1), or in the making of any survey for the purpose of which
any such right of entry has been so conferred, compensation in respect of that
damage may be recovered by any person interested in the land from
the Ministry.

(7) Any question of disputed compensation recoverable under subsection (6)
shall be referred to and determined by the Lands Tribunal.

(8) Where, under subsection (1) a person proposes to carry out any works
authorised by virtue of subsection (2), he shall not carry out those works
unless notice of his intention to do so was included in the notice required by
subsection (3)(b).


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© 1965 Crown Copyright

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