I have contacted a Land Agent to inform them of this Council's intent to
carry out a detailed inspection of their client's land to determine if
contaminants have migrated from an adjacent site onto and under their
land, and that any disturbance caused by the investigation would be
reinstated.
The Land Agent is happy for the investigation to go ahead and asked how
much the Council would pay them for access, and, ineffect, for the
priviledge of using their land for the investigation.
Apparantly the EA do pay for the priviledge of borehole installations to
land owners.
I assumed under Environment Act 1995 s108 Powers of Entry, the Council in
carrying out it's inspection duties would be exempt from such 'access'
charges, and speaking to other LA's, they've never paid for access
priviledges.
Reinstatement issues aside, is the Council exempt from access charges
under s108?
Also, the General note for Subsection (4) of s108 states:
Subsection (4) empowers the taking of samples of "any articles or
substances" found in or on (but not under) any premises which the
authorised person is able to enter.
Does "but not under" disqualify sub-surface soil samples and boreholes?
Thanks
Stephen
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