PART 3

DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY
CHAPTER 1

REQUIRING AN OWNER OF LAND TO CARRY OUT OPERATIONS

Owner’s right of entry onto land etc.
36
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.
S. 36 not in force at Royal Assent, see s. 92(3)