Disused Mine and Quarry Tips (Wales) Act 2025

Prospective

PART 3 E+W DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY

CHAPTER 1 E+W REQUIRING AN OWNER OF LAND TO CARRY OUT OPERATIONS

35 Notice requiring owner of land to carry out operations E+W

(1) The Authority may by notice require an owner of land to carry out operations on the land if the Authority considers the operations to be necessary to achieve the following objective.

(2) The objective is to—

(a) prevent or deal with threats to the stability of a disused tip, or

(b) stabilise a disused tip or prevent a disused tip from becoming more unstable,

so as to avoid or reduce threats to human welfare.

(3) A notice must specify—

(a) the disused tip in connection with which the notice is given,

(b) the operations that must be carried out, and

(c) the threat to human welfare that the specified operations are intended to avoid or reduce.

(4) A notice must also specify the period within which the operations are to be completed, which must be a period beginning at least 21 days after the day on which the notice is given to the owner.

Commencement Information

I1 S. 35 not in force at Royal Assent, see s. 92(3)

36 Owner’s right of entry onto land etc. E+W

(1) If—

(a) an owner of land who is given a notice under section 35 is not in occupation of the land, or any part of the land, on which the operations required by the notice must be carried out, and

(b) the owner’s estate in the land is superior to any estate or interest of the occupier,

the owner has the right to enter the land in order to carry out the operations and any consequential works of reinstatement.

(2) An owner exercising a right of entry under subsection (1) may take any other persons, equipment and material onto the land as may be necessary.

(3) An owner of land who is given a notice under section 35 may, for the purpose of carrying out operations required by the notice on the land, remove and dispose of any property situated on the land that belongs to another person.

(4) If an owner of land disposes of property under subsection (3) by selling it, the owner of the land must account to the owner of the property for the proceeds of sale.

(5) Subsection (4) does not prevent an owner of land from—

(a) deducting from the proceeds of sale any expenses reasonably incurred by the owner in selling the property;

(b) setting off the proceeds of sale, or any part of those proceeds, against any sum which the owner is entitled to recover from the owner of the property under Chapter 3.

Commencement Information

I2 S. 36 not in force at Royal Assent, see s. 92(3)

37 Duty to give interested parties copies of notice E+W

(1) Where the Authority gives a notice to an owner of land under section 35, it must also give a copy of the notice to any other person with an interest in the notice.

(2) For the purposes of this section, the following persons (in addition to the owner) are persons with an interest in a notice—

(a) a person occupying land on which the operations required by the notice are to be carried out;

(b) a person who, to the Authority’s knowledge, has an estate or interest in that land otherwise than as a mortgagee;

(c) a person who, to the Authority’s knowledge, otherwise than as a mortgagee—

(i) has an estate or interest in the land on which the disused tip is situated, or

(ii) had an estate or interest in that land at any time in the 12 years before the day on which the notice is given to the owner;

(d) a person who, to the Authority’s knowledge, has an interest in (including a right to acquire) all or any of the material comprised in the disused tip;

(e) a person who, to the Authority’s knowledge, has at any time within the 12 year period mentioned in paragraph (c), used the disused tip to deposit waste from a mine or quarry;

(f) a person who the Authority believes has, at any time within the 12 year period mentioned in paragraph (c), caused or contributed to the need for the operations required by the notice by—

(i) carrying out other operations or performing any other activity on any land, or

(ii) failing to do something which the person might reasonably have done on any land to avoid creating or contributing to the need for the operations required by the notice.

(3) In subsection (2), “disused tip” means the disused tip in connection with which the notice under section 35 is given.

(4) The Authority must give the copies required by this section within 7 days beginning with the day on which the notice is given to the owner.

Commencement Information

I3 S. 37 not in force at Royal Assent, see s. 92(3)

38 Right of owner and interested parties to appeal against notice E+W

(1) An owner of land who is given a notice under section 35, or a person who is given a copy of the notice under section 37, may apply to the Welsh Ministers to vary or cancel the notice.

(2) An application under this section must be made within 21 days beginning with the day that the notice is given to the owner.

(3) An application under this section may be made on one or more of the following grounds—

(a) that there is no reasonable ground for believing that the operations required by the notice are necessary to avoid or reduce the threat to human welfare specified in the notice;

(b) that the operations required by the notice are more extensive than is necessary to avoid or reduce the threat to human welfare specified in the notice;

(c) that—

(i) the threat to human welfare specified in the notice could be avoided, or reduced to at least the same extent, by carrying out different operations, in whole or in part, from the operations required by the notice, and

(ii) the owner is prepared to carry out the alternative operations;

(d) that—

(i) the owner or another person has already started, or has entered into a contract with a third party to start, operations different, in whole or in part, from the operations required by the notice, and

(ii) the alternative operations will avoid, or reduce to at least the same extent, the threat to human welfare specified in the notice;

(e) that the period within which the operations required by the notice must be carried out is not reasonably sufficient;

(f) that there is a material defect or error in, or in connection with, the notice.

(4) An owner of land who is given a notice under section 35 may also make an application under this section on the ground that the owner is unable to meet the costs of the operations required by the notice.

(5) On receiving an application under this section, the Welsh Ministers must notify—

(a) the Authority, and

(b) each person who was given the notice or a copy of the notice.

Commencement Information

I4 S. 38 not in force at Royal Assent, see s. 92(3)

39 Determination of appeals E+W

(1) An application under section 38 is to be determined by a person appointed by the Welsh Ministers (an “appointed person”).

(2) If the appointed person is satisfied, on an application under section 38, that the ground (or any of the grounds) of the application is made out, the appointed person may by direction vary or cancel the notice.

(3) Where an appointed person varies a notice under subsection (2), the notice and any copy of it given under section 37 is to be treated as always having had effect as varied.

(4) Where an application is made under section 38 and is not withdrawn, the period specified in the notice as the period within which the operations must be completed does not end before the application is determined.

(5) Where an application is made under section 38, the appointed person may extend the period specified in the notice as the period within which the operations must be completed, regardless of whether the ground (or any of the grounds) of the application is made out.

(6) As soon as practicable after an appointed person determines an application under this section, the Welsh Ministers must notify the following persons of the outcome—

(a) the Authority, and

(b) each person who was given the notice or a copy of the notice.

(7) Where an appointed person varies a notice, the Welsh Ministers must also give the persons mentioned in subsection (6)(a) and (b) a copy of the notice as varied.

Commencement Information

I5 S. 39 not in force at Royal Assent, see s. 92(3)

40 Supplementary provision about appeals E+W

(1) The Welsh Ministers must by regulations make provision about the procedure to be followed in determining applications under section 38.

(2) The Welsh Ministers may by regulations make other provision in connection with the determination of applications under section 38.

(3) Regulations under this section may, among other things, make provision—

(a) about the attendance and examination of parties or witnesses (including provision authorising an appointed person to administer oaths or to take affirmations);

(b) about the production and inspection of documents;

(c) for powers to enter land.

(4) Regulations under this section may confer a discretion on a person.

(5) Regulations under this section may create offences in connection with failures to comply with any requirements imposed by or under the regulations.

Commencement Information

I6 S. 40 not in force at Royal Assent, see s. 92(3)

41 Penalty for failure to comply with notice E+W

(1) An owner of land who is given a notice under section 35 commits an offence if, without reasonable excuse, the owner fails to carry out the operations required by the notice within the period specified in the notice or, if that period is extended under section 39, within the extended period.

(2) A person who is 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

I7 S. 41 not in force at Royal Assent, see s. 92(3)

42 Power to cancel notice E+W

(1) This section applies where—

(a) the Authority has given a notice to an owner of land under section 35 (“the section 35 notice”), and

(b) the operations required by the notice have not been completed.

(2) The Authority may give the owner a notice (a “notice of cancellation”) cancelling the section 35 notice.

(3) Where an owner of land is given a notice of cancellation, the owner is no longer required to carry out the operations specified in the section 35 notice.

(4) The Authority may give a notice of cancellation even if—

(a) an application under section 38 has been made in respect of the section 35 notice,

(b) the operations required by the section 35 notice have started to be carried out, or

(c) the period specified in the section 35 notice for the completion of the operations has ended.

(5) Where the Authority gives a notice of cancellation under this section, it must also give a copy of the notice to each person who was given a copy of the section 35 notice.

(6) A notice of cancellation does not affect—

(a) any penalty already incurred by the owner under section 41, or

(b) the Authority’s power to give a further notice under section 35 in relation to the land.

Commencement Information

I8 S. 42 not in force at Royal Assent, see s. 92(3)

43 Reimbursement of owner’s expenses on cancellation of notice E+W

(1) This section applies where—

(a) the Authority has cancelled a notice given under section 35, and

(b) the owner of land who was given the notice has incurred expenditure in complying with it.

(2) The owner may apply to the Welsh Ministers to be reimbursed by the Authority for—

(a) any expenditure incurred by the owner in consequence of the giving of the notice, and

(b) any expenditure incurred by the owner which is attributable to the cancellation of the notice (whether attributable to the reinstatement of any land, the cancellation of any contract or otherwise).

(3) An application under this section is to be determined by a person appointed by the Welsh Ministers (an “appointed person”).

(4) The appointed person may direct the Authority to reimburse to the owner the whole or any part of the expenditure referred to in subsection (2).

(5) In deciding whether to give a direction under subsection (4), or to what extent the Authority should be required to reimburse the owner, the appointed person must have regard to all the circumstances of the case and, in particular, to—

(a) the grounds on which the Authority gave the notice of cancellation under section 42, and

(b) whether the Authority has given or intends to give the owner a further notice under section 35 or intends to carry out operations itself under section 44.

(6) The Authority must comply with a direction given under subsection (4).

(7) The Welsh Ministers must by regulations make provision about the procedure to be followed in determining applications under this section.

(8) The Welsh Ministers may by regulations make other provision in connection with determining applications under this section.

(9) Subsections (3) to (5) of section 40 apply in relation to regulations under this section as if the references in those subsections to section 40 were to this section.

Commencement Information

I9 S. 43 not in force at Royal Assent, see s. 92(3)

CHAPTER 2 E+W OPERATIONS CARRIED OUT BY THE AUTHORITY

44 Authority’s power to carry out operations E+W

(1) The Authority may carry out operations on any land if it considers it necessary to do so to achieve the following objective, but this is subject to section 46.

(2) The objective is to—

(a) prevent or deal with threats to the stability of a disused tip, or

(b) stabilise a disused tip or prevent a disused tip from becoming more unstable,

so as to avoid or reduce threats to human welfare.

(3) Where the Authority carries out operations under subsection (1), it may also carry out any consequential works of reinstatement that it considers are reasonably necessary.

Commencement Information

I10 S. 44 not in force at Royal Assent, see s. 92(3)

45 Authority’s right to remove and dispose of property E+W

(1) The Authority may, for the purpose of carrying out operations or consequential works of reinstatement on land under section 44, remove and dispose of any property situated on the land that belongs to another person.

(2) If the Authority disposes of property under subsection (1) by selling it, the Authority must account to the owner of the property for the proceeds of sale.

(3) Subsection (2) does not prevent the Authority from—

(a) deducting from the proceeds of sale any expenses reasonably incurred by the Authority in selling the property;

(b) setting off the proceeds of sale, or any part of those proceeds, against any sum which the Authority is entitled to recover from the owner of the property under Chapter 3.

Commencement Information

I11 S. 45 not in force at Royal Assent, see s. 92(3)

46 Duty to give notice to owners E+W

(1) The Authority may not carry out operations on land under section 44 unless it has given the owner of the land at least 21 clear days’ notice of its intention to do so, but this is subject to subsection (3).

(2) A notice under subsection (1) must specify—

(a) the disused tip in connection with which the notice is given,

(b) the nature and extent of the proposed operations and of any proposed consequential works of reinstatement, and

(c) the threat to human welfare that the operations are intended to avoid or reduce.

(3) If the Authority considers that operations need to be carried out immediately, it may carry out those operations—

(a) without giving notice under subsection (1), or

(b) where it has given notice under subsection (1), before the end of the 21 day period mentioned in that subsection.

(4) Where the Authority starts operations on land without having given notice, it must, as soon as practicable, give the owner of the land notice that the operations have started.

(5) A notice under subsection (4) must specify—

(a) the disused tip in connection with which the notice is given,

(b) the nature and extent of the operations and of any consequential works of reinstatement, and

(c) the threat to human welfare that the operations are intended to avoid or reduce.

Commencement Information

I12 S. 46 not in force at Royal Assent, see s. 92(3)

47 Duty to give interested parties copies of notice E+W

(1) Where the Authority gives a notice under section 46 to an owner of land, it must also give a copy of the notice to any other person with an interest in the notice.

(2) For the purposes of this section, the following persons (in addition to the owner) are persons with an interest in a notice—

(a) a person occupying land on which the operations specified in the notice are to be carried out;

(b) a person who, to the Authority’s knowledge, has an estate or interest in that land otherwise than as a mortgagee;

(c) a person who, to the Authority’s knowledge, otherwise than as a mortgagee—

(i) has an estate or interest in the land on which the disused tip is situated, or

(ii) had an estate or interest in that land at any time in the 12 years before the day on which the notice is given to the owner;

(d) a person who, to the Authority’s knowledge, has an interest in (including a right to acquire) all or any of the material comprised in the disused tip;

(e) a person who, to the Authority’s knowledge, has at any time within the 12 year period mentioned in paragraph (c), used the disused tip to deposit waste from a mine or quarry;

(f) a person who the Authority believes has, at any time within the 12 year period mentioned in paragraph (c), caused or contributed to the need for the operations specified in the notice by—

(i) carrying out other operations or performing any other activity on any land, or

(ii) failing to do something which the person might reasonably have done on any land to avoid creating or contributing to the need for the operations specified in the notice.

(3) In subsection (2), “disused tip” means the disused tip in connection with which the notice under section 46 is given.

(4) The Authority must give the copies required by this section on the day that the notice is given to the owner or as soon as‍ practicable after that day.

Commencement Information

I13 S. 47 not in force at Royal Assent, see s. 92(3)

CHAPTER 3 E+W PAYMENTS IN CONNECTION WITH OPERATIONS

48 Contribution orders E+W

(1) The court may, on an application made under this section, order that one or more of the persons referred to in subsection (2) must contribute towards the expenses that an owner of land would otherwise have to bear as a result of the carrying out of operations specified in a notice under section 35 or 46.

(2) The persons are—

(a) a person who, otherwise than as a mortgagee, had an estate or interest in the land on which the disused tip is situated—

(i) on the day on which the notice was given to the owner, or

(ii) at any time in the 12 years ending immediately before that day;

(b) a person who has, at any time within the 12 year period mentioned in paragraph (a), used the disused tip to deposit waste from a mine or quarry;

(c) a person who, in the court’s opinion, has at any time within the 12 year period mentioned in paragraph (a), caused or contributed to the need for the operations specified in the notice by—

(i) carrying out other operations or performing any other activity on any land, or

(ii) failing to do something that the person might reasonably have done on any land to avoid creating or contributing to the need for the operations specified in the notice.

(3) In this section, “disused tip” means the disused tip in connection with which the notice was given.

(4) An application under this section may be made—

(a) by the owner of land who was given the notice, and

(b) in the case of a notice under section 46, by the Authority.

(5) A person who makes an application under this section must, at the same time, give a copy of the application to each person in relation to whom an order is sought.

(6) An application under this section must be made—

(a) where it relates to a notice under section 35 and no application is made in respect of that notice under section 38 (right to appeal against notice), within 3 months beginning with the day on which the notice is given;

(b) where it relates to a notice under section 35 and an application is made in respect of that notice under section 38, within 3 months beginning with the day on which the application is withdrawn or determined;

(c) where it relates to a notice under section 46, within 3 months beginning with day on which the notice is given.

(7) In determining whether to make an order under this section, and in determining the amount of any contribution, the court must have regard to all the circumstances, and in particular—

(a) to the extent to which it appears to the court that the person has, by any act or omission, caused or contributed to the need for the operations specified in the notice;

(b) to the extent to which the person has used the disused tip to deposit waste from a mine or quarry;

(c) to the nature and extent of any estate or interest that the person had, at the date on which the notice was given, in the land on which the operations specified in the notice were to be carried out;

(d) where a person had an estate or interest in that land but disposed of it before that date, to whether, in the court’s opinion, the person made that disposal for the purpose of avoiding any liability (whether under this Act or otherwise) in connection with the land;

(e) to the terms of any covenant, agreement or statutory provision affecting the rights and obligations of the person and the owner in relation to that land.

(8) An order under this section must specify the amount of the contribution to be made by the person to whom it relates as a percentage (which may be 100 per cent) of the total amount in respect of which a contribution can be claimed under this Chapter.

Commencement Information

I14 S. 48 not in force at Royal Assent, see s. 92(3)

49 Meaning of “contribution order”, “contributory” and “the specified percentage” E+W

In this Act—

• “contribution order” (“gorchymyn cyfrannu”) means an order under section 48;

• “contributory” (“cyfrannydd”) means the person to whom a contribution order relates;

• “the specified percentage” (“y ganran benodedig”), in relation to a contributory, means the percentage specified, in accordance with section 48(8), in the contribution order relating to the contributory.

Commencement Information

I15 S. 49 not in force at Royal Assent, see s. 92(3)

50 Compensation for damage, loss or disturbance etc. E+W

(1) This section applies where—

(a) as a result of operations carried out by an owner of land in compliance with a notice under section 35, or any consequential works of reinstatement—

(i) any land is damaged,

(ii) any other property is damaged, removed or disposed of, or

(iii) any person’s enjoyment of any land is disturbed;

(b) as a result of operations, or any consequential works of reinstatement, carried out by the Authority under section 44—

(i) any land is damaged,

(ii) any other property is damaged, removed or disposed of, or

(iii) any person’s enjoyment of any land is disturbed;

(c) as a result of investigations carried out under section 55 to determine whether operations need to be required under section 35 or carried out under section 44—

(i) any land is damaged,

(ii) any other property is damaged, or

(iii) any person’s enjoyment of any land is disturbed.

(2) The persons referred to in subsection (3) are entitled to compensation in respect of the damage, loss or disturbance or, in the case of the removal of property, in respect of any financial loss directly attributable to the removal.

(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, or the removal or disposal of that 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) Compensation in relation to damage, removal, loss or disturbance resulting from the carrying out of operations or consequential works of reinstatement is recoverable from—

(a) the owner of the land, if the owner carried out the operations or works;

(b) the Authority, if the Authority carried out the operations or works.

(5) Compensation in relation to damage or disturbance resulting from the carrying out of investigations is recoverable from the Authority.

(6) Nothing in this section entitles an owner of land to compensation in relation to damage, removal, loss or disturbance resulting from operations carried out by the owner or by any other person who was the owner of the land at the time the operations were carried out.

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

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

Commencement Information

I16 S. 50 not in force at Royal Assent, see s. 92(3)

51 Owner’s right to recover expenses from contributory E+W

(1) This section applies where—

(a) an owner of land has carried out operations in compliance with a notice under section 35, and

(b) a contribution order has been made in relation to those operations.

(2) The owner of the land is entitled to recover from the contributory the specified percentage of the total amount determined in accordance with subsection (3) (but see subsection (7)).

(3) For the purposes of this section, the total amount is the aggregate of—

(a) the expenses reasonably incurred by the owner of the land in carrying out the operations and any works of reinstatement reasonably necessary in consequence of carrying out those operations,

(b) the amount of any compensation that is recoverable (or has been recovered) from the owner of the land under section 50, and

(c) the amount of any compensation under section 50 in respect of which the owner of the land could have made a claim under that section if the operations and any consequential works of reinstatement had been carried out by the Authority.

(4) No contribution is recoverable under this section unless the owner gives the contributory a demand for the contribution.

(5) A demand under subsection (4) must specify—

(a) the amount of the contribution;

(b) the total amount in respect of which the contribution is claimed;

(c) the separate amounts which comprise the total amount, identified by reference to paragraphs (a), (b) and (c) of subsection (3).

(6) A demand under subsection (4) is final and conclusive, unless an application to vary the demand is made under section 52.

(7) Where the owner of the land has carried out operations specified in a notice under section 35 and that notice is cancelled by the Authority under section 42, this section and section 52 have effect with the modifications in Schedule 3.

Commencement Information

I17 S. 51 not in force at Royal Assent, see s. 92(3)

52 Right of contributory to appeal against owner’s demand E+W

(1) A contributory who is given a demand under section 51(4) may apply to the court for an order varying the demand.

(2) An application under this section must be made within 6 weeks beginning with the day on which the demand is given to the contributory.

(3) An application under this section may be made on one or more of the following grounds—

(a) that the amount of the expenses incurred by the owner of the land in carrying out the operations was greater than was reasonable;

(b) that the amount of the expenses incurred by the owner of the land in carrying out works of reinstatement was greater than was reasonably necessary to reinstate the land in consequence of the operations;

(c) that the amount of compensation paid or payable to a person in pursuance of a claim under section 50 is greater than it would otherwise have been, because the owner of the land has taken an unreasonably long time to carry out the operations or consequential works of reinstatement;

(d) that the amount of the compensation paid or payable to a person in pursuance of a claim under section 50 is greater than is necessary to compensate the person under that section;

(e) that the amount specified in the demand as being the amount referred to in section 51(3)(c) is greater than the compensation that could have been claimed by the owner of the land in the circumstances described in that paragraph;

(f) that the amount claimed in the demand is greater than the specified percentage of the total amount determined under section 51(3).

(4) If the court is satisfied that the ground (or any of the grounds) of the application is made out, the court may make an order reducing the amount recoverable by the owner of the land from the contributory.

Commencement Information

I18 S. 52 not in force at Royal Assent, see s. 92(3)

53 Authority’s right to recover certain expenses E+W

(1) Where the Authority has carried out operations on land under section 44, it is entitled to recover from the owner of the land—

(a) the expenses reasonably incurred by the Authority in carrying out any investigations under section 55 that resulted in the carrying out of the operations,

(b) the expenses reasonably incurred by the Authority in carrying out the operations and any works of reinstatement reasonably necessary in consequence of carrying out the operations, and

(c) the amount of any compensation under section 50 that is recoverable (or has been recovered) from the Authority in pursuance of a claim under that section.

(2) Where the Authority has carried out investigations under section 55 that resulted in the giving of a notice under section 35 requiring an owner of land to carry out operations on the land, it is entitled to recover from the owner of the land—

(a) the expenses reasonably incurred by the Authority in carrying out the investigations, and

(b) the amount of any compensation under section 50 that is recoverable (or has been recovered) from the Authority in pursuance of a claim under that section.

(3) Where a contribution order has been made in relation to the expenses that the owner of the land would otherwise have to bear under subsection (1) or (2)—

(a) the Authority is entitled to recover from the contributory the specified percentage of the amount recoverable from the owner of the land under the relevant subsection, and

(b) the amount that the Authority may recover from the owner of the land under the relevant subsection is reduced by the sum that the Authority is entitled to recover from the contributory under paragraph (a).

(4) No sum is recoverable under this section from an owner of land or a contributory unless the Authority gives that person a demand for that sum.

(5) A demand under subsection (4) must specify—

(a) the sum claimed by the Authority from the person;

(b) if the demand is given to a contributory, the total amount in respect of which the contribution is claimed;

(c) if the demand is given to the owner of the land, the sums (if any) that the Authority is entitled to recover from any contributory or contributories;

(d) in all cases, the separate amounts which comprise the total amount recoverable by the Authority, identified by reference to paragraphs (a) to (c) of subsection (1) or, as the case may be, paragraphs (a) and (b) of subsection (2).

(6) A demand under subsection (4) is final and conclusive, unless an application to vary or cancel the demand is made under section 54.

(7) The Authority is entitled to recover interest on any sum recoverable under this section, at a rate determined by the Authority, from the date on which the demand for the sum is given to the person until the sum is paid in full.

(8) Any sum recoverable under this section may, if the Authority agrees, be paid in instalments agreed by the Authority.

(9) For the purposes of this section—

(a) the owner of the land—

(i) in a case falling within subsection (1), is the person who was the owner when the Authority started to carry out the operations referred to in that subsection;

(ii) in a case falling within subsection (2), is the person who was given the notice referred to in that subsection;

(b) investigations are to be treated as having resulted in the carrying out of operations under section 44 if the Authority started to carry out the operations within 12 months beginning with the day after the completion of the investigations;

(c) investigations are to be treated as having resulted in the giving of a notice under section 35 to an owner of land if the Authority gave a notice under that section to the owner of the land within 6 months beginning with the day after the completion of the investigations.

Commencement Information

I19 S. 53 not in force at Royal Assent, see s. 92(3)

54 Right to appeal against Authority’s demand E+W

(1) A person who is given a demand under section 53(4) may apply to the court for an order varying or cancelling the demand.

(2) An application under this section must be made within 6 weeks beginning with the day on which the demand is given to the person.

(3) Where the demand is made in a case falling within section 53(1), the grounds on which an application may be made are—

(a) that the amount of the expenses incurred by the Authority in carrying out the investigations or operations was greater than was reasonable;

(b) that the amount of the expenses incurred by the Authority in carrying out works of reinstatement was greater than was reasonably necessary to reinstate the land in consequence of the operations;

(c) that, at the time the operations were begun, there was no reasonable ground for believing that the operations were necessary to avoid or reduce the threat to human welfare specified in the notice given to the owner of the land under section 46 regarding the operations;

(d) that the operations carried out by the Authority were more extensive than was necessary to avoid or reduce the threat to human welfare specified in the notice given to the owner of the land under section 46 regarding the operations;

(e) that the amount of the compensation paid or payable to a person in pursuance of a claim under section 50 is greater than it would otherwise have been, because the time the Authority took to carry out the investigations or operations or any consequential works of reinstatement was unreasonably long;

(f) that the amount of the compensation paid or payable to a person in pursuance of a claim under section 50 is greater than is necessary to compensate the person under that section;

(g) that, in the case of a demand given to a contributory, the amount claimed in the demand is greater than the specified percentage of the total amount recoverable by the Authority under section 53(1);

(h) that, in the case of a demand given to the owner of the land on which the operations were carried out, the amount claimed in the demand does not make proper allowance for a sum that the Authority is entitled to recover from a contributory.

(4) Where the demand is made in a case falling within section 53(2), the grounds on which an application may be made are—

(a) that the amount of the expenses incurred by the Authority in carrying out the investigations was greater than was reasonable;

(b) that the compensation paid or payable to a person in pursuance of a claim under section 50 is greater than it would otherwise have been, because the time the Authority took to carry out the investigations was unreasonably long;

(c) that the amount of the compensation paid or payable to a person in pursuance of a claim under section 50 is greater than is necessary to compensate the person under that section;

(d) that, in the case of a demand given to a contributory, the amount claimed in the demand is greater than the specified percentage of the total amount recoverable by the Authority under section 53(2);

(e) that, in the case of a demand given to the owner of the land on which the operations were carried out, the amount claimed in the demand does not make proper allowance for a sum that the Authority is entitled to recover from a contributory.

(5) If, on an application under this section, the court is satisfied that the ground (or any of the grounds) of the application is made out, the court may make an order—

(a) cancelling the demand in respect of which the application was made, or

(b) reducing the amount recoverable from the person who was given the demand.

Commencement Information

I20 S. 54 not in force at Royal Assent, see s. 92(3)

CHAPTER 4 E+W SUPPLEMENTARY PROVISION

55 Power to carry out investigations E+W

The Authority may carry out investigations on land to determine—

(a) whether operations need to be required under section 35 or carried out under section 44, or

(b) whether operations are being carried out in compliance with a notice given under section 35.

Commencement Information

I21 S. 55 not in force at Royal Assent, see s. 92(3)

56 Penalty for obstructing operations etc. E+W

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

(a) an investigation into—

(i) whether operations need to be required under section 35 or carried out under section 44, or

(ii) whether operations are being carried out in compliance with a notice given under section 35,

(b) the carrying out of operations required by a notice under section 35, or

(c) the carrying out of operations under section 44,

commits an offence.

(2) A person who intentionally damages or otherwise interferes with any works completed in the course of operations required by a notice under section 35 or carried out under section 44 commits an offence.

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

(4) A contravention of subsection (1) or (2) 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

I22 S. 56 not in force at Royal Assent, see s. 92(3)