Disused Mine and Quarry Tips (Wales) Act 2025

4 Where, by virtue of a direction under section 43, the owner of land is entitled to recover (or has recovered) a sum from the Authority in respect of the expenditure incurred by the owner in consequence of the giving of a notice under section 35—

(a) a demand under section 51(4) must specify the total sum recoverable (or recovered) by virtue of the direction, distinguishing between—

(i) the part referable to expenditure incurred in consequence of the giving of the notice under section 35, and

(ii) the part referable to expenditure incurred by the owner that is attributable to the cancellation of the notice;

(b) the reference in section 51(5) to the total amount in respect of which the contribution is claimed is to be interpreted as a reference to the amount in respect of which the contribution could have been claimed if no direction had been given;

(c) an application may be made under section 52 on the ground that the amount claimed in the demand does not make proper allowance for a sum that must be deducted by virtue of paragraph 3.