PART 3

DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY
CHAPTER 1

REQUIRING AN OWNER OF LAND TO CARRY OUT OPERATIONS

Determination of appeals
39
1
An application under section 38 is to be determined by a person appointed by the Welsh Ministers (an “appointed person”).
2
If the appointed person is satisfied, on an application under section 38, that the ground (or any of the grounds) of the application is made out, the appointed person may by direction vary or cancel the notice.
3
Where an appointed person varies a notice under subsection (2), the notice and any copy of it given under section 37 is to be treated as always having had effect as varied.
4
Where an application is made under section 38 and is not withdrawn, the period specified in the notice as the period within which the operations must be completed does not end before the application is determined.
5
Where an application is made under section 38, the appointed person may extend the period specified in the notice as the period within which the operations must be completed, regardless of whether the ground (or any of the grounds) of the application is made out.
6
As soon as practicable after an appointed person determines an application under this section, the Welsh Ministers must notify the following persons of the outcome—
a
the Authority, and
b
each person who was given the notice or a copy of the notice.
7
Where an appointed person varies a notice, the Welsh Ministers must also give the persons mentioned in subsection (6)(a) and (b) a copy of the notice as varied.
S. 39 not in force at Royal Assent, see s. 92(3)