Powers of entry

Section 64 of the Land Drainage Act 1991 (“the 1991 Act”) gives a person authorised by an IDB the power to enter any land for the purpose of exercising the functions of the IDB with all necessary personnel and equipment.

Other than in an emergency IDB’s, notice must be given by the IDB before the right of entry is exercised.

Consequences of refusing entry

Those who refuse entry onto land commit an offence and may be prosecuted by an IDB in the Magistrates Court. However, the Magistrates Court’s powers are limited to imposing a fine and the Magistrates Court does not have the power to enforce the 1991 Act.

We recognise that the risks of access being refused are often prohibitive in terms of monetary cost and availability of personnel and machinery.

Options when access is blocked

In a situation where entry onto land is blocked and the cost of attempting to get access, only for it to be refused is too high, IDBs still have options.

The High Court has the power to grant mandatory injunctions compelling the landowner or occupier to give access to an IDB. A breach of the injunction is a contempt of court and can result in imprisonment.

Legal assistance available

Wilkin Chapman are here if you need advice where entry onto land is being blocked, please get in contact and ensure your risks are mitigated.