Overview
118.Chapter 6 contains provision that supplements the other provisions in Part 2. Section 31 places the Authority under a duty to compile and maintain a list of all disused tips that have had a preliminary assessment under section 13. Section 32 requires the Authority to publish specified notices. Section 33 makes provision for compensation for damage or disturbance arising as a result of specified activity carried out under Chapter 1 or 2 of this Part. It also introduces Schedule 2 - Claims for Contributions by Owners and Contributories. Section 34 makes it a criminal offence to obstruct monitoring activities or assessments under Part 2 of the Act.
Section 31 – Duty to compile and maintain list of all disused tips
119.Subsection (1) places a duty on the Authority to compile and maintain an electronic list of all disused tips which have undergone a preliminary assessment. This means that, in time, all disused tips in Wales will appear on the list, including those that do not meet the criteria for registration under section 7. In accordance with subsection (2), the Authority must include a disused tip in the list as soon as practical after completing the relevant preliminary assessment.
120.Subsection (3) prescribes that an entry in the list must include the name or names by which the tip is commonly known, the location of the tip and a unique identifier given by the Authority to the tip. Subsection (4) requires the Authority to publish the list. In accordance with section 72, where the Act requires the Authority to publish anything, this means it must be published on the Authority’s website (or other electronic facility) established and maintained under section 71, and may also be published in any other manner the Authority considers appropriate.
Section 32 – Duty to publish notices
121.Section 32 provides that where a provision in Chapter 3 or 5 of Part 2 requires a notice to be given to a person, the Authority must publish the notice as soon as practicable after it is given. This means that notices given under sections 20, 21, 22, 23, 29 and 30 must be published. The Authority has the power to publish the notice in a redacted form if the conditions specified in subsection (2) are met.
122.In accordance with section 72, the notices must be published on the Authority’s website (or other electronic facility) established and maintained under section 71, and may also be published in any other manner the Authority considers appropriate.
Section 33 - Compensation for damage or disturbance
123.Section 33 provides that the persons referred to in subsection (3) are entitled to recover compensation from the Authority for damage or disturbance resulting from carrying out activities listed in subsection (1).
124.Subsection (4) provides that any dispute arising out of a claim for compensation under this section is to be determined by the court. “Court” is defined in section 90 as the High Court or county court.
125.Subsection (5) provides that Schedule 2 has effect in relation to certain claims for compensation under this section.
126.Under section 74(1)(d), the Welsh Ministers must give guidance to the Authority in relation to the exercise of its functions under section 33.
Schedule 2 – Claims for compensation by owners and contributories
127.Schedule 2 makes provision in relation to claims by owners or contributories for compensation. “Contributories” are persons in relation to whom a contribution order has been made under section 48.
128.Paragraph 1(1) provides that the Schedule applies to an owner of land where the Authority has carried out operations under section 44 or investigations under section 55 that resulted in the carrying out of operations, the owner has claimed compensation under the Act and notwithstanding any contribution order that may have been made, the owner has expenses to bear in respect of those operations or investigations.
129.Paragraph 1(2) provides that the Schedule also applies to contributories if a contribution may be claimed from them in respect of expenses incurred by an owner of land in carrying out operations under section 35 or by the Authority in carrying out operations under section 44 or investigations under section 55 that resulted in the carrying out of operations, and the contributory has claimed compensation under the Act from an owner of land or the Authority.
130.Paragraph 2 makes provision that applies where an owner of land seeks to enforce a claim for compensation from the Authority under the Act and the Authority is entitled to demand a sum from the owner under section 53.
131.Paragraph 3 makes provision that applies where a contributory seeks to enforce a claim for compensation from the Authority or a landowner and the Authority or the landowner is entitled to demand a sum from the contributory (under section 51 or 53).
132.Paragraphs 2 and 3 prevent those claims for compensation from being enforced, other than by way of an offset against a demand, for a period of 12 months. The purpose of this restriction is to provide an opportunity for the relevant sums to be demanded (and potentially recovered) from the person before compensation has to be paid to the person.
133.Paragraph 4 provides that references to operations in Schedule 2 include works of reinstatement consequential on those operations.
134.Paragraph 5 makes provision relating to the time limit for bringing a claim for compensation referred to in paragraph 1. Section 9 of the Limitation Act 1980 requires the claim to be made within 6 years of the date on which the cause of action accrued, and paragraph 5 sets out when the cause of action is to be regarded as having accrued for that purpose.
Section 34 – Penalty for obstructing monitoring activities or assessments
135.Subsection (1) provides that it is an offence to intentionally obstruct or interfere with an inspection or other monitoring activity under section 10, or a preliminary or full assessment under Chapter 2.
136.Subsection (2) provides that a person who is found guilty of such an offence is liable on summary conviction to a fine.
137.Subsection (3) provides that a contravention of subsection (1) by the Crown does not make the Crown criminally liable. This is consistent with the policy expressed in section 28(3) of the Legislation (Wales) Act 2019, which provides that an Act of Senedd Cymru does not make the Crown criminally liable, but applies to persons in the service of the Crown as it applies to other persons.
