PART 3

DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY
CHAPTER 3

PAYMENTS IN CONNECTION WITH OPERATIONS

Owner’s right to recover expenses from contributory
51
1
This section applies where—
a
an owner of land has carried out operations in compliance with a notice under section 35, and
b
a contribution order has been made in relation to those operations.
2
The owner of the land is entitled to recover from the contributory the specified percentage of the total amount determined in accordance with subsection (3) (but see subsection (7)).
3
For the purposes of this section, the total amount is the aggregate of—
a
the expenses reasonably incurred by the owner of the land in carrying out the operations and any works of reinstatement reasonably necessary in consequence of carrying out those operations,
b
the amount of any compensation that is recoverable (or has been recovered) from the owner of the land under section 50, and
c
the amount of any compensation under section 50 in respect of which the owner of the land could have made a claim under that section if the operations and any consequential works of reinstatement had been carried out by the Authority.
4
No contribution is recoverable under this section unless the owner gives the contributory a demand for the contribution.
5
A demand under subsection (4) must specify—
a
the amount of the contribution;
b
the total amount in respect of which the contribution is claimed;
c
the separate amounts which comprise the total amount, identified by reference to paragraphs (a), (b) and (c) of subsection (3).
6
A demand under subsection (4) is final and conclusive, unless an application to vary the demand is made under section 52.
7
Where the owner of the land has carried out operations specified in a notice under section 35 and that notice is cancelled by the Authority under section 42, this section and section 52 have effect with the modifications in Schedule 3.
S. 51 not in force at Royal Assent, see s. 92(3)