Commentary on Sections Offences Section 108 – Rights of entry: supplementary provisions
284.This section creates an offence where a person intentionally obstructs a person exercising a power of entry under section 106 or 107. A person may be tried in the magistrates’ court and, where found guilty, will be liable to an unlimited fine.
285.This section also provides that if damage is caused to land or other property in the exercise of the power to enter land, the person suffering the damage may recover compensation from the planning authority who authorised entry, or the Welsh Ministers if they authorised entry.
286.A claim for compensation under this section must be made in writing within 12 months beginning with the day the damage was caused or the last day damage was caused if it was over a period of more than 1 day. Any disputes about compensation must be referred to and determined by the Upper Tribunal in accordance with section 4 of the Land Compensation Act 1961.