PART 3

DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY
CHAPTER 1

REQUIRING AN OWNER OF LAND TO CARRY OUT OPERATIONS

Right of owner and interested parties to appeal against notice
38
1
An owner of land who is given a notice under section 35, or a person who is given a copy of the notice under section 37, may apply to the Welsh Ministers to vary or cancel the notice.
2
An application under this section must be made within 21 days beginning with the day that the notice is given to the owner.
3
An application under this section may be made on one or more of the following grounds—
a
that there is no reasonable ground for believing that the operations required by the notice are necessary to avoid or reduce the threat to human welfare specified in the notice;
b
that the operations required by the notice are more extensive than is necessary to avoid or reduce the threat to human welfare specified in the notice;
c
that—
i
the threat to human welfare specified in the notice could be avoided, or reduced to at least the same extent, by carrying out different operations, in whole or in part, from the operations required by the notice, and
ii
the owner is prepared to carry out the alternative operations;
d
that—
i
the owner or another person has already started, or has entered into a contract with a third party to start, operations different, in whole or in part, from the operations required by the notice, and
ii
the alternative operations will avoid, or reduce to at least the same extent, the threat to human welfare specified in the notice;
e
that the period within which the operations required by the notice must be carried out is not reasonably sufficient;
f
that there is a material defect or error in, or in connection with, the notice.
4
An owner of land who is given a notice under section 35 may also make an application under this section on the ground that the owner is unable to meet the costs of the operations required by the notice.
5
On receiving an application under this section, the Welsh Ministers must notify—
a
the Authority, and
b
each person who was given the notice or a copy of the notice.
S. 38 not in force at Royal Assent, see s. 92(3)