PART 3

DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY
CHAPTER 2

OPERATIONS CARRIED OUT BY THE AUTHORITY

Duty to give interested parties copies of notice
47
1
Where the Authority gives a notice under section 46 to an owner of land, it must also give a copy of the notice to any other person with an interest in the notice.
2
For the purposes of this section, the following persons (in addition to the owner) are persons with an interest in a notice—
a
a person occupying land on which the operations specified in the notice are to be carried out;
b
a person who, to the Authority’s knowledge, has an estate or interest in that land otherwise than as a mortgagee;
c
a person who, to the Authority’s knowledge, otherwise than as a mortgagee—
i
has an estate or interest in the land on which the disused tip is situated, or
ii
had an estate or interest in that land at any time in the 12 years before the day on which the notice is given to the owner;
d
a person who, to the Authority’s knowledge, has an interest in (including a right to acquire) all or any of the material comprised in the disused tip;
e
a person who, to the Authority’s knowledge, has at any time within the 12 year period mentioned in paragraph (c), used the disused tip to deposit waste from a mine or quarry;
f
a person who the Authority believes has, at any time within the 12 year period mentioned in paragraph (c), caused or contributed to the need for the operations specified in the notice by—
i
carrying out other operations or performing any other activity on any land, or
ii
failing to do something which the person might reasonably have done on any land to avoid creating or contributing to the need for the operations specified in the notice.
3
In subsection (2), “disused tip” means the disused tip in connection with which the notice under section 46 is given.
4
The Authority must give the copies required by this section on the day that the notice is given to the owner or as soon as‍ practicable after that day.
S. 47 not in force at Royal Assent, see s. 92(3)