NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 41 Power to enter on lands.

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NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 41

Power to enter on lands.

41.(1) A person authorised in writing stating the particular purpose or
purposes for which the entry is authorised, by the Ministry or a
new town commission, may at all reasonable times, on giving at least three
days' prior notice to the occupier and to the owner, if the owner is known, of
his intention

(a)enter for the purpose of survey, valuation or examination

(i)any land which or any interest in or over which the Ministry or the
new town commission, as the case may be, propose to acquire compulsorily under
powers conferred upon it or them by this Act;

(ii)any land, where it appears to the Ministry or the new town commission that
survey, valuation or examination is necessary in order to determine whether
any powers under this Act should be exercised in respect of that land; or

(b)enter any land (whether, in the case of a new town commission, within or
without the area designated under section 1 as the site of the new town for
the purposes of which the new town commission are established) for any purpose
specified in section 271 of the Public Health (Ireland) Act 1878, and there do
anything authorised by that section for any such purpose.

(2) If any person, other than the owner or occupier of the land, obstructs a
person so authorised in the performance of anything which the second-mentioned
person is so required or authorised to do, he shall be guilty of an offence
and shall be liable on summary conviction to a fine not exceeding twenty
pounds.

(3) If any person, being the owner or occupier of land, prevents a person
authorised under subsection (1) from duly carrying into effect any survey,
valuation or examination of the land or from doing thereon anything authorised
by section 271 of the said Act of 1878, a court of summary jurisdiction on
proof thereof may order the first-mentioned person to permit to be done on the
land all things requisite for carrying into effect the survey, valuation or
examination or for doing such other thing as aforesaid, and if he fails to
comply with the order, he shall be guilty of an offence, and shall, for every
day during which the failure continues, be liable on summary conviction to a
fine not exceeding twenty pounds.

(4) Where any property is damaged in the exercise of a right of entry
conferred under this section or in the making of any survey or examination or
the doing of any thing for the purpose of which any such right of entry has
been so conferred, compensation in respect of that damage may be recovered
from the Ministry or, as the case may be, the new town commission by any
person interested in the property.

(5) Any question of disputed compensation under this section shall be referred
to and determined by the Lands Tribunal for Northern Ireland.

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Northern Irish Legislation

NEW TOWNS ACT (NORTHERN IRELAND) 1965 - SECT 41