PART 3

DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY
CHAPTER 2

OPERATIONS CARRIED OUT BY THE AUTHORITY

Duty to give notice to owners
46
1
The Authority may not carry out operations on land under section 44 unless it has given the owner of the land at least 21 clear days’ notice of its intention to do so, but this is subject to subsection (3).
2
A notice under subsection (1) must specify—
a
the disused tip in connection with which the notice is given,
b
the nature and extent of the proposed operations and of any proposed consequential works of reinstatement, and
c
the threat to human welfare that the operations are intended to avoid or reduce.
3
If the Authority considers that operations need to be carried out immediately, it may carry out those operations—
a
without giving notice under subsection (1), or
b
where it has given notice under subsection (1), before the end of the 21 day period mentioned in that subsection.
4
Where the Authority starts operations on land without having given notice, it must, as soon as practicable, give the owner of the land notice that the operations have started.
5
A notice under subsection (4) must specify—
a
the disused tip in connection with which the notice is given,
b
the nature and extent of the operations and of any consequential works of reinstatement, and
c
the threat to human welfare that the operations are intended to avoid or reduce.