(1)In this Part of this Act—
“appropriate Minister” shall be construed in accordance with subsection (4);
“contributory” has the meaning assigned to it by section 19(6);
“disused tip” has the meaning assigned to it by section 11(2);
“exploratory tests” has the meaning assigned to it by section 13(1)(b);
“local authority” shall be construed in accordance with subsections (3) and (4) of section 11;
“the Ministers” means [F1the Secretary of State for the Environment], the Secretary of State for Wales and the Secretary of State for Scotland acting jointly;
“operations” includes surveys and tests as well as tipping operations (within the meaning of Part I of this Act) and building, engineering, mining and other operations;
“prescribed” means prescribed by regulations made by the appropriate Minister;
“remedial operations” has the meaning assigned to it by section 14(2); and
“the specified percentage” has the meaning assigned to it by section 19(6).
(2)For the purposes of this Part of this Act a disused tip shall be treated as unstable if and only if there is, or there is reasonable ground for believing that there is likely to be, such a movement of the refuse which makes up the tip as to cause a significant increase in the area of land covered by the tip.
(3)In this Part of this Act the expression “owner” in relation to a disused tip means—
(a)with respect to England and Wales, the person who has a legal estate in the land on which the tip is situated which—
(i)is either the fee simple or a tenancy for a specific term which has not less than one year unexpired and is not a mortgage term; and
(ii)is not in reversion expectant on the termination of such a tenancy; and
(b)with respect to Scotland.
(i)except in a case to which sub-paragraph (ii) of this paragraph applies, the proprietor of [F2the dominium utile or, in the case of land not held on feudal tenure, the proprietor, of] the land on which the tip is situated;
(ii)in any case where the land on which the tip is situated is subject to a lease, not being an excluded lease, the tenant who is in possession of the land under the lease or who would, but for the existence of a sub-lease which is an excluded lease, be entitled to such possession.
In this sub-paragraph “excluded lease” means a lease for a year or from year to year or for a lesser period, or any other lease the unexpired period of which does not exceed a year; “lease” includes sub-lease; and “tenant” includes sub-tenant:
Provided that, in the case of land in Scotland subject to a heritable security constituted by ex facie absolute disposition or assignation, the debtor shall, for the purposes of this Part of this Act, be treated as the proprietor or, as the case may be, as the tenant except where the creditor is in possession of the land.
(4)Any reference in this Part of this Act to the appropriate Minister shall be construed—
(a)in the application of this Part of this Act to England, except Monmouthshire, as a reference to [F1the Secretary of State for the Environment].
(b)in its application to Wales and Monmouthshire, as a reference to the Secretary of State for Wales; and
(c)in its application to Scotland, as a reference to the Secretary of State for Scotland.
(5)Any reference in this Part of this Act to a section or subsection which is not otherwise identified is a reference to that section of this Act or to that subsection of the section in which the reference occurs, as the case may be.
(6)Any reference in this Part of this Act to any other enactment shall be taken as referring to that enactment as amended by or under any other enactment.
Textual Amendments
F1Words substituted by virtue of S.I. 1970/1681, arts. 2(1), 6(3), Sch. 1
F2Words in s. 36(3)(b)(i) repealed (S.) (28.11.2004) by Abolition of Feudal Tenure etc. (Scotland) Act 2000 (asp 5), ss. 71, 77(2), Sch. 13 Pts. 1 (with ss. 58, 62, 75); S.S.I. 2003/456, art. 2; S.S.I. 2003/456, art. 2