261.Subsection (1) gives an authorised person the power to enter any land (not just land on which there is a disused tip) to do any of the things listed in paragraphs (a) to (f) on behalf of the Authority. Subsection (4) defines an “authorised person” to mean a person authorised in writing by the Authority to act on its behalf. This could, for example, be a member of the Authority’s staff or it could be a third party. The Authority will not always be able to do the things listed in subsection (1) itself. This power could be used, for example, to allow the Authority to authorise contractors with specialist knowledge or equipment to enter land and carry out investigatory or monitoring work on behalf of the Authority.
262.Subsection (2) allows an authorised person to take other people, equipment and material onto the land that may be necessary for the purposes mentioned in subsection (1). It also gives the authorised person the ability to leave equipment and material on the land. This means, for example, that whilst operations are being carried out, tools and machinery won’t need to be removed from the land at the end of each day.
263.Subsection (3) provides that an authorised person may, for the purposes set out in subsection (1), carry out inspections and examinations on the land (this includes tests and surveys); take measurements and photographs and make recordings; take and remove samples from the land. These are actions an authorised person may need to undertake when doing the things mentioned in subsection (1) on behalf of the Authority.
Commentary on Sections Overview of Part 4 Section 65 – Power to enter land