PART 3

DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY
CHAPTER 3

PAYMENTS IN CONNECTION WITH OPERATIONS

Right to appeal against Authority’s demand
54
1
A person who is given a demand under section 53(4) may apply to the court for an order varying or cancelling the demand.
2
An application under this section must be made within 6 weeks beginning with the day on which the demand is given to the person.
3
Where the demand is made in a case falling within section 53(1), the grounds on which an application may be made are—
a
that the amount of the expenses incurred by the Authority in carrying out the investigations or operations was greater than was reasonable;
b
that the amount of the expenses incurred by the Authority in carrying out works of reinstatement was greater than was reasonably necessary to reinstate the land in consequence of the operations;
c
that, at the time the operations were begun, there was no reasonable ground for believing that the operations were necessary to avoid or reduce the threat to human welfare specified in the notice given to the owner of the land under section 46 regarding the operations;
d
that the operations carried out by the Authority were more extensive than was necessary to avoid or reduce the threat to human welfare specified in the notice given to the owner of the land under section 46 regarding the operations;
e
that the amount of the compensation paid or payable to a person in pursuance of a claim under section 50 is greater than it would otherwise have been, because the time the Authority took to carry out the investigations or operations or any consequential works of reinstatement was unreasonably long;
f
that the amount of the compensation paid or payable to a person in pursuance of a claim under section 50 is greater than is necessary to compensate the person under that section;
g
that, in the case of a demand given to a contributory, the amount claimed in the demand is greater than the specified percentage of the total amount recoverable by the Authority under section 53(1);
h
that, in the case of a demand given to the owner of the land on which the operations were carried out, the amount claimed in the demand does not make proper allowance for a sum that the Authority is entitled to recover from a contributory.
4
Where the demand is made in a case falling within section 53(2), the grounds on which an application may be made are—
a
that the amount of the expenses incurred by the Authority in carrying out the investigations was greater than was reasonable;
b
that the compensation paid or payable to a person in pursuance of a claim under section 50 is greater than it would otherwise have been, because the time the Authority took to carry out the investigations was unreasonably long;
c
that the amount of the compensation paid or payable to a person in pursuance of a claim under section 50 is greater than is necessary to compensate the person under that section;
d
that, in the case of a demand given to a contributory, the amount claimed in the demand is greater than the specified percentage of the total amount recoverable by the Authority under section 53(2);
e
that, in the case of a demand given to the owner of the land on which the operations were carried out, the amount claimed in the demand does not make proper allowance for a sum that the Authority is entitled to recover from a contributory.
5
If, on an application under this section, the court is satisfied that the ground (or any of the grounds) of the application is made out, the court may make an order—
a
cancelling the demand in respect of which the application was made, or
b
reducing the amount recoverable from the person who was given the demand.
S. 54 not in force at Royal Assent, see s. 92(3)