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Disused Mine and Quarry Tips (Wales) Act 2025
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33Compensation for damage or disturbance
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(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.
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