PART 3DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY

CHAPTER 2OPERATIONS CARRIED OUT BY THE AUTHORITY

45Authority’s right to remove and dispose of property

(1)

The Authority may, for the purpose of carrying out operations or consequential works of reinstatement on land under section 44, remove and dispose of any property situated on the land that belongs to another person.

(2)

If the Authority disposes of property under subsection (1) by selling it, the Authority must account to the owner of the property for the proceeds of sale.

(3)

Subsection (2) does not prevent the Authority from—

(a)

deducting from the proceeds of sale any expenses reasonably incurred by the Authority in selling the property;

(b)

setting off the proceeds of sale, or any part of those proceeds, against any sum which the Authority is entitled to recover from the owner of the property under Chapter 3.