PART 3

DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY
CHAPTER 3

PAYMENTS IN CONNECTION WITH OPERATIONS

Contribution orders
48
1
The court may, on an application made under this section, order that one or more of the persons referred to in subsection (2) must contribute towards the expenses that an owner of land would otherwise have to bear as a result of the carrying out of operations specified in a notice under section 35 or 46.
2
The persons are—
a
a person who, otherwise than as a mortgagee, had an estate or interest in the land on which the disused tip is situated—
i
on the day on which the notice was given to the owner, or
ii
at any time in the 12 years ending immediately before that day;
b
a person who has, at any time within the 12 year period mentioned in paragraph (a), used the disused tip to deposit waste from a mine or quarry;
c
a person who, in the court’s opinion, has at any time within the 12 year period mentioned in paragraph (a), 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 that 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 this section, “disused tip” means the disused tip in connection with which the notice was given.
4
An application under this section may be made—
a
by the owner of land who was given the notice, and
b
in the case of a notice under section 46, by the Authority.
5
A person who makes an application under this section must, at the same time, give a copy of the application to each person in relation to whom an order is sought.
6
An application under this section must be made—
a
where it relates to a notice under section 35 and no application is made in respect of that notice under section 38 (right to appeal against notice), within 3 months beginning with the day on which the notice is given;
b
where it relates to a notice under section 35 and an application is made in respect of that notice under section 38, within 3 months beginning with the day on which the application is withdrawn or determined;
c
where it relates to a notice under section 46, within 3 months beginning with day on which the notice is given.
7
In determining whether to make an order under this section, and in determining the amount of any contribution, the court must have regard to all the circumstances, and in particular—
a
to the extent to which it appears to the court that the person has, by any act or omission, caused or contributed to the need for the operations specified in the notice;
b
to the extent to which the person has used the disused tip to deposit waste from a mine or quarry;
c
to the nature and extent of any estate or interest that the person had, at the date on which the notice was given, in the land on which the operations specified in the notice were to be carried out;
d
where a person had an estate or interest in that land but disposed of it before that date, to whether, in the court’s opinion, the person made that disposal for the purpose of avoiding any liability (whether under this Act or otherwise) in connection with the land;
e
to the terms of any covenant, agreement or statutory provision affecting the rights and obligations of the person and the owner in relation to that land.
8
An order under this section must specify the amount of the contribution to be made by the person to whom it relates as a percentage (which may be 100 per cent) of the total amount in respect of which a contribution can be claimed under this Chapter.
S. 48 not in force at Royal Assent, see s. 92(3)