- Latest available (Revised)
- Original (As enacted)
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
(1)Subject to the following provisions of this section, where, as a result of remedial operations carried out by the owner of a disused tip in pursuance of a notice under section 14 or of exploratory tests or remedial operations carried out by a local authority under section 17(1),—
(a)any land on which entry is made for the purpose of carrying out those operations or tests is damaged, or
(b)any person is disturbed in his enjoyment of any land,
any person interested in the land which is damaged or, as the case may be, the person whose enjoyment of land is disturbed shall be entitled to recover compensation under this section in respect of that damage or disturbance.
(2)Subject to the following provisions of this Part of this Act—
(a)compensation for damage or disturbance resulting from the carrying out of exploratory tests shall be recoverable from the local authority which carried out the tests; and
(b)compensation for damage or disturbance resulting from the carrying out of remedial operations shall be recoverable from the owner of the disused tip by whom, or, as the case may be, the local authority by which, the operations were carried out.
(3)Nothing in this section shall entitle the owner of a disused tip to compensation in respect of damage or disturbance resulting from remedial operations carried out by him or by any other person who was the owner of the disused tip at the time the remedial operations were carried out.
(4)Subsections (1) to (3) shall apply in relation to damage or disturbance resulting from the carrying out of works of reinstatement consequential upon any remedial operations and accordingly any reference in those subsection to remedial operations includes a reference to consequential works of reinstatement.
(5)Any dispute arising on a claim for compensation under this section shall be determined by the court.
(6)The provisions of Schedule 3 to this Act shall have effect in relation to any claim for compensation under this section by the owner of a disused tip or by a contributory.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: