PART 2ASSESSMENT, REGISTRATION AND MONITORING OF DISUSED TIPS

CHAPTER 3REGISTERING AND DEREGISTERING DISUSED TIPS

22Proposal to remove tip from register

(1)

This section applies where a report of a full assessment under section 17 concludes that the criteria for registration are no longer met in relation to a disused tip in the register.

(2)

The Authority must, as soon as practicable, give notice that it proposes to remove the tip from the register (a “notice of proposed deregistration”) to—

(a)

every owner and every occupier of the land on which the tip is situated, and

(b)

any other person who, to the Authority’s knowledge, has an estate or interest in that land otherwise than as a mortgagee.

(3)

A notice of proposed deregistration must—

(a)

identify the disused tip;

(b)

include a map showing the area of the tip;

(c)

explain that the Authority is proposing to remove the tip from the register and its reasons for the proposal;

(d)

specify the period for making representations to the Authority about the proposal, which must be a period of at least 30 days beginning with the day after the day on which the notice is given;

(e)

explain how a person may make representations.

(4)

The Welsh Ministers may by regulations amend subsection (3)(d) to change the minimum period for making representations, but the amended period must not be less than 14 days.