Section 51 – Owner's right to receive expenses from contributory
202.Where a contribution order has been made under section 48 in relation to operations an owner carried out on their land in compliance with a notice issued under section 35, the owner is entitled to recover from the contributory the contribution specified in the order in accordance with section 51.
203.As explained in the notes for section 48, the contribution order will specify the percentage of the total amount of expenses incurred by an owner which the owner may seek as a contribution. Subsection (3) of section 51 sets out how the total amount is calculated. It is the sum of:
the expenses the owner reasonably incurred in carrying out the operations required by the notice issued under section 35 and any consequential works of reinstatement that were reasonably necessary,
the amount of compensation that the owner has been, or may be, required to pay under section 50, and
the amount of compensation that the owner could have claimed under section 50 if the operations and works of reinstatement had been carried out by the Authority rather than by the owner.
204.Subsections (4) and (5) set out the procedural requirements an owner must follow to recover expenses from a contributory.
205.Subsection (7) provides that this section and section 52 have effect with the modifications set out in Schedule 3 in circumstances where an owner of land has carried out operations specified in a notice under section 35 and the Authority has cancelled that notice under section 42.
