Prospective

PART 2 E+W ASSESSMENT, REGISTRATION AND MONITORING OF DISUSED TIPS

CHAPTER 6 E+W SUPPLEMENTARY PROVISION

31 Duty to compile and maintain list of all disused tips E+W

(1) The Authority must compile and maintain an electronic list of all disused tips in relation to which an assessment under section 13 (preliminary assessment of all disused tips) has been carried out.

(2) The Authority must include a disused tip in the list as soon as practicable after completing the assessment referred to in subsection (1) in relation to the tip.

(3) An entry in the list for a disused tip must include—

(a) the name or names by which the tip is commonly known (if any);

(b) the location of the tip;

(c) a unique identifier given by the Authority to the tip.

(4) The Authority must‍ publish the list.

Commencement Information

I1 S. 31 not in force at Royal Assent, see s. 92(3)

32 Duty to publish notices E+W

(1) Where a provision in Chapter 3 or 5 of this Part requires a notice to be given to a person, the Authority must publish the notice as soon as practicable after it is given.

(2) In complying with subsection (1), the Authority may publish a notice in a redacted form if it considers it necessary to do so in order to avoid disclosing information contrary to any prohibition imposed by an enactment or other rule of law.

Commencement Information

I2 S. 32 not in force at Royal Assent, see s. 92(3)

33 Compensation for damage or disturbance E+W

(1) This section applies where—

(a) an inspection or other monitoring activity is carried out under Chapter 1, or

(b) a preliminary assessment or a full assessment is carried out under Chapter 2.

(2) If, as a result of carrying out the inspection, activity or assessment—

(a) any land or other property is damaged, or

(b) any person’s enjoyment of any land is disturbed,

the persons referred to in subsection (3) are entitled to recover compensation from the Authority in respect of the damage or disturbance.

(3) The persons are—

(a) in the case of damage to land, any person with an estate or interest in the land;

(b) in the case of damage to other property, the owner of the property;

(c) in the case of disturbance to a person’s enjoyment of land, the person whose enjoyment of the land is disturbed.

(4) Any dispute arising on a claim for compensation under this section is to be determined by the court.

(5) Schedule 2 has effect in relation to certain claims for compensation under this section.

Commencement Information

I3 S. 33 not in force at Royal Assent, see s. 92(3)

34 Penalty for obstructing monitoring activities or assessments E+W

(1) A person who intentionally obstructs or interferes with—

(a) an inspection or other monitoring activity under Chapter 1, or

(b) a preliminary assessment or full assessment under Chapter 2,

commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

(3) A contravention of subsection (1) by the Crown does not make the Crown criminally liable (but see section 28(3) of the Legislation (Wales) Act 2019 (anaw 4) regarding the liability of persons in the service of the Crown).

Commencement Information

I4 S. 34 not in force at Royal Assent, see s. 92(3)