The Infrastructure Act

2014
and access to land
Thursday 24th March 2016
Helen Carr

Outline

Why are we interested in the Infrastructure Act?

The themes of the course
Non-native invasive species
Fracking

Access to land

Key theme of course

On what basis does someone have the authority to be somewhere
Village greens
Public highway
Easements
covenants

Birks and Gray and Gray

Responsible land use

Facilitating/inhibiting use of land

Non native invasive species

The problem.

Himalayan balsam

The rose ringed parakeet

The harlequin ladybird

UK strategy published 2015 sets

out impact

Environmental:
Disrupting habitats and ecosystems, preying on or out-competing native species, spreading
disease, and interfering with the genetic integrity of native species. The ecological impact of some

Economic:
Cost estimated at 1. billion per year. Japanese knotweed cost 1.66 million alone

Social:
Risks to human health and nuisance to landowners

the Asian hornet which killed at least seven people in France since its introduction, and
ragweed has substantially increased hay fever suffering across many European countries.

The Asian hornet

Infrastructure Act 2015

Introduces species control orders in England and Wales

Designed by the Law Commission
They compel landowners or occupiers to carry out control or eradication operations, or
allow them to be carried out by the authority
The provisions of the order must be proportionate to the objective sought. Breach of
an order will be a criminal offence, with the right of appeal to a tribunal.

Key definitions

Species defined as any kind of animal or plant.

A species is 'invasive' if, uncontrolled, it would be likely to have a significant adverse
impact on, biodiversity, other environmental interests, or social or economicinterests.
A species is defined as 'non-native' if it is listed in Part 1 of Schedule 9 1981 Act, or in
the case of a species of animal, it is not ordinarily resident in, or a regular visitor to,
Great Britain in a wild state.

Code of Practice for Environmental

Agency to control INNS
Unless its an emergency, you should try the 3 ways in the following order:
Informally agree a plan to control the species with the owner.
Draw up a voluntary plan for how to control the species and ask the owner to agree to
its terms - a species control agreement.
Issue a species control order - a plan which has terms the owner must follow by law
- this is usually used after an owner has failed to agree to or implement a species
control agreement.

 You can offer species control agreements or issue species control orders to any of the
following types of owner:
a freeholder
a leaseholder
someone who has legal rights to manage a premises or piece of land and isnt the freeholder
or leaseholder, eg where land is held in trust

Only the Secretary of State can make agreements or issue control orders if the plan to
control the species will involve accessing the owners home

Fracking

The problem
Prior to the Act, landowners retained a final level of control over whether their subterranean
land could be used by third parties, requiring consent in the same way as if such access were
required across their surface land. In some cases, this essentially amounted to an
underground ransom strip capable of stifling a project completely and recent years have
seen an increasing number of mines and minerals registrations seemingly being sought for
the sole purpose of extracting financial settlements from developers looking to avoid trespass
claims.
WALKER AND MORRIS FRACKING IN FOCUS

A fracking site in the USA

The Infrastructure Act

Allows hydraulic fracturing under peoples land without their permission

Sections 43 47 of the Act.

These sections provide

A statutory right to use deep-level land for the purposes of exploiting petroleum or
deep geothermal energy in England and Wales. Provided such use occurs at a depth of
at least 300 metres below the surface within a landward area, energy companies will
be free to extend their activities across lands outside the boundary of their ownership,
subject still to receipt of the requisite planning and environmental permits, but free
from the requirement for landowner consent (unless surface access is also required, in
which case the usual position will apply) Fracking in Focus

Landowner protections

The landowner is protected from liability in respect of any loss or damage caused to its
surface land and buildings contained upon it caused by the exercise of the right of use
of the deep-level land, although this will not apply where the particular damage or loss
is caused by a deliberate omission on the part of the landowner.
the Act also confers powers upon the Secretary of State to issue regulations requiring
companies to make payments in return for the right of use.

The state and access to land