Disused Mine and Quarry Tips (Wales) Act 2025

Prospective

53 Authority’s right to recover certain expenses E+W

(1) Where the Authority has carried out operations on land under section 44, it is entitled to recover from the owner of the land—

(a) the expenses reasonably incurred by the Authority in carrying out any investigations under section 55 that resulted in the carrying out of the operations,

(b) the expenses reasonably incurred by the Authority in carrying out the operations and any works of reinstatement reasonably necessary in consequence of carrying out the operations, and

(c) the amount of any compensation under section 50 that is recoverable (or has been recovered) from the Authority in pursuance of a claim under that section.

(2) Where the Authority has carried out investigations under section 55 that resulted in the giving of a notice under section 35 requiring an owner of land to carry out operations on the land, it is entitled to recover from the owner of the land—

(a) the expenses reasonably incurred by the Authority in carrying out the investigations, and

(b) the amount of any compensation under section 50 that is recoverable (or has been recovered) from the Authority in pursuance of a claim under that section.

(3) Where a contribution order has been made in relation to the expenses that the owner of the land would otherwise have to bear under subsection (1) or (2)—

(a) the Authority is entitled to recover from the contributory the specified percentage of the amount recoverable from the owner of the land under the relevant subsection, and

(b) the amount that the Authority may recover from the owner of the land under the relevant subsection is reduced by the sum that the Authority is entitled to recover from the contributory under paragraph (a).

(4) No sum is recoverable under this section from an owner of land or a contributory unless the Authority gives that person a demand for that sum.

(5) A demand under subsection (4) must specify—

(a) the sum claimed by the Authority from the person;

(b) if the demand is given to a contributory, the total amount in respect of which the contribution is claimed;

(c) if the demand is given to the owner of the land, the sums (if any) that the Authority is entitled to recover from any contributory or contributories;

(d) in all cases, the separate amounts which comprise the total amount recoverable by the Authority, identified by reference to paragraphs (a) to (c) of subsection (1) or, as the case may be, paragraphs (a) and (b) of subsection (2).

(6) A demand under subsection (4) is final and conclusive, unless an application to vary or cancel the demand is made under section 54.

(7) The Authority is entitled to recover interest on any sum recoverable under this section, at a rate determined by the Authority, from the date on which the demand for the sum is given to the person until the sum is paid in full.

(8) Any sum recoverable under this section may, if the Authority agrees, be paid in instalments agreed by the Authority.

(9) For the purposes of this section—

(a) the owner of the land—

(i) in a case falling within subsection (1), is the person who was the owner when the Authority started to carry out the operations referred to in that subsection;

(ii) in a case falling within subsection (2), is the person who was given the notice referred to in that subsection;

(b) investigations are to be treated as having resulted in the carrying out of operations under section 44 if the Authority started to carry out the operations within 12 months beginning with the day after the completion of the investigations;

(c) investigations are to be treated as having resulted in the giving of a notice under section 35 to an owner of land if the Authority gave a notice under that section to the owner of the land within 6 months beginning with the day after the completion of the investigations.

Commencement Information

I1 S. 53 not in force at Royal Assent, see s. 92(3)