PART 2

ASSESSMENT, REGISTRATION AND MONITORING OF DISUSED TIPS
CHAPTER 6

SUPPLEMENTARY PROVISION

Compensation for damage or disturbance
33
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.
S. 33 not in force at Royal Assent, see s. 92(3)