(3) Notice given in accordance with paragraph (2) must include a statement of the recipient’s rights under paragraph (9). 

(4) If the Authority proposes to do any of the following, the notice must include details of what is proposed— 

(a) searching, boring or excavating; 

(b) leaving apparatus on the land; 

(c) taking samples; 

(d) an aerial survey; 

(e) carrying out any other activities that may be required to facilitate compliance with the instruments mentioned in paragraph (5). 

(5) The instruments referred to in paragraph (4)(e) are— 

(a) Directive 2011/92/EU of the European Parliament and of the Council of 13 December 2011 on the assessment of the effects of certain public and private projects on the environment( a ); or 

(b) Council Directive 92/42/EEC of 21 May 1992 on the conservation of natural habitats and of flora and fauna( b ). 

(6) Any person entering land under this article on behalf of the Authority— 

(a) must, if so required, before or after entering the land produce written evidence of that person’s authority to do so; 

(b) may take onto the land such vehicles and equipment as are necessary to carry out the survey or investigation or to make the trial holes; 

(c) may only enter and survey land at a reasonable time; and 

(d) must, if the land is unoccupied or the occupier is absent from the land when the person enters it, leave it as secure against trespassers as when the person entered it. 

(7) No trial holes are to be made under this article— 

(a) in a carriageway or footway without the consent of the highway authority; or 

(b) in a private street without the consent of the street authority, 

but such consent must not be unreasonably withheld. 

(8) If either a highway authority or a street authority which receives an application for consent fails to notify the Authority of its decision within 28 days of receiving the application for consent— 

(a) under paragraph (7)(a) in the case of a highway authority; or 

(b) under paragraph (7)(b) in the case of a street authority, 

that authority is deemed to have granted consent. 

(9) The Authority must pay compensation for any damage occasioned, by the exercise of the powers conferred by this article, to the owners and occupiers of the land, such compensation to be determined, in case of dispute, under Part 1 (determination of questions of disputed compensation) of the 1961 Act. 

(10) Paragraphs (1) to (9) apply in relation to Crown land, however a person may only exercise the power conferred under paragraph (1) in relation to Crown land if the person has permission of the appropriate authority. 

(11) In this article, “Crown land” and “the appropriate authority” have the meaning given in section 293( c ) (preliminary definitions) of the 1990 Act. 

