Opencast Coal Act 1958

5 (1) In so far as a notice given under paragraph 2 of this Schedule (in this paragraph referred to as “the current notice”) specifies any work (in this paragraph referred to as “the new work”) in a case where the applicant has previously given one or more notices under that paragraph specifying similar work which he proposed to carry out in respect of the same land, the last preceding paragraph shall apply in relation to the new work with the substitution, for sub-paragraph (c) of that paragraph, of the following sub-paragraph (in this paragraph referred to as “the substituted sub-paragraph (c)”):—

“(c) that the aggregate cost of that work and of all relevant work specified in previous notices relating to the same land is grossly disproportionate to the aggregate increase attributable to all such work in the value of the land.”

(2) In the substituted sub-paragraph (c) the reference to the aggregate cost of the new work and of all other relevant work specified in previous notices relating to the same land is a reference to the aggregate of—

(a) the estimated cost of the new work, and

(b) the estimated cost of any similar work specified in any previous notice given by the applicant which is still outstanding on the relevant date, and

(c) the proper cost of any similar work specified in any previous notice given by the applicant in respect of which a claim for compensation has been allowed before the relevant date or is still outstanding on that date.

(3) In the substituted sub-paragraph (c) the reference to the aggregate increase attributable to all such work as is therein mentioned in the value of the land is a reference to the aggregate of—

(a) the prospective increase in that value attributable to the new work, and

(b) the prospective increase in that value attributable to any similar work specified in any previous notice given by the applicant which is still outstanding on the relevant date, and

(c) the increase in that value attributable to any similar work specified in any previous notice given by the applicant in respect of which a claim for compensation has been allowed before the relevant date or is still outstanding on that date.

(4) For the purposes of sub-paragraphs (2) and (3) of this paragraph—

(a) a previous notice specifying similar work shall be taken to be outstanding on the relevant date if—

(i) such a notice has been given before the relevant date and has not been withdrawn, and

(ii) either the [F1 Corporation] have not before that date served a counter-notice objecting to that work, or, if they have served such a counter-notice, that objection has before that date been withdrawn or determined by the Tribunal not to be well-founded, and

(iii) no claim for compensation has before the relevant date been made in respect of expenses incurred in carrying out that work;

(b) a claim for compensation in respect of any work shall be taken to have been allowed before the relevant date if before that date—

(i) a claim for compensation has been made in respect of expenses incurred in carrying out that work, and

(ii) it has been agreed by the [F1 Corporation], or determined by the Tribunal, that compensation is payable in respect of those expenses, whether the amount of compensation so agreed or determined to be payable was the amount claimed or a different amount;

(c) a claim for compensation in respect of any work shall be taken to be still outstanding on the relevant date if at that date—

(i) a claim for compensation has been made in respect of expenses incurred in carrying out that work, and

(ii) that claim has not been withdrawn, and it has not been determined by the Tribunal that no compensation is payable in respect of those expenses, but

(iii) it has not been agreed by the [F1 Corporation], or determined by the Tribunal, that compensation is payable in respect of those expenses.

(5) In this paragraph “similar work”, in relation to the new work, means work directed to the same aspect of restoration as the new work; “previous notice”, in relation to the current notice, means a notice given under paragraph 2 of this Schedule before the date on which the current notice was given; and “the relevant date”, in relation to the current notice, means the date on which the [F1 Corporation] serve a counter-notice objecting to the new work, or the date on which the time for serving such a counter-notice expires, whichever is the earlier.

(6) In the following provisions of this Schedule (except where the contrary is expressly provided) any reference to sub-paragraph (c) of the last preceding paragraph, in relation to work to which that paragraph applies in accordance with sub-paragraph (1) of this paragraph, shall be construed as a reference to the substituted sub-paragraph (c), and any reference in this Schedule to the grounds mentioned in the last preceding paragraph shall be construed accordingly.

Textual Amendments

F1 Word substituted by 1987 c. 3, s. 1(2), Sch. 1 para.7(c)