PART 3

DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY
CHAPTER 1

REQUIRING AN OWNER OF LAND TO CARRY OUT OPERATIONS

Reimbursement of owner’s expenses on cancellation of notice
43
1
This section applies where—
a
the Authority has cancelled a notice given under section 35, and
b
the owner of land who was given the notice has incurred expenditure in complying with it.
2
The owner may apply to the Welsh Ministers to be reimbursed by the Authority for—
a
any expenditure incurred by the owner in consequence of the giving of the notice, and
b
any expenditure incurred by the owner which is attributable to the cancellation of the notice (whether attributable to the reinstatement of any land, the cancellation of any contract or otherwise).
3
An application under this section is to be determined by a person appointed by the Welsh Ministers (an “appointed person”).
4
The appointed person may direct the Authority to reimburse to the owner the whole or any part of the expenditure referred to in subsection (2).
5
In deciding whether to give a direction under subsection (4), or to what extent the Authority should be required to reimburse the owner, the appointed person must have regard to all the circumstances of the case and, in particular, to—
a
the grounds on which the Authority gave the notice of cancellation under section 42, and
b
whether the Authority has given or intends to give the owner a further notice under section 35 or intends to carry out operations itself under section 44.
6
The Authority must comply with a direction given under subsection (4).
7
The Welsh Ministers must by regulations make provision about the procedure to be followed in determining applications under this section.
8
The Welsh Ministers may by regulations make other provision in connection with determining applications under this section.
9
Subsections (3) to (5) of section 40 apply in relation to regulations under this section as if the references in those subsections to section 40 were to this section.
S. 43 not in force at Royal Assent, see s. 92(3)