The Act Overview Other powers over land Section 78: Power to carry out survey
189.Subsection (1) provides that a licence holder may carry out a survey for the purpose of determining whether the land is suitable for a purpose connected with the construction or operation of a heat network.
190.Before carrying out a survey the licence holder, must give the occupier of the land at least 14 days’ notice (subsection (2)). A right to carry out a survey includes the right to search and bore the land in order to ascertain the nature of the subsoil and the presence of minerals or other matter (subsection (3)) provided the required notice is given.
191.Subsection (5) provides that a person carrying out a survey has a right of entry at all reasonable times and, at the request of the occupier or owner, must provide evidence of their authority to carry out the survey. The person must also ensure that as little disruption and damage is caused as possible and if damage is caused take reasonable steps to remedy the damage.
192.Subsection (6) makes it an offence to intentionally obstruct, without reasonable excuse, a person from exercising the power conferred under this section. A person who commits an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 3 on the standard scale (subsection (7)).