Disused Mine and Quarry Tips (Wales) Act 2025

81 Additional provision about giving notices etc. to persons occupying or interested in land E+W

(1) This section applies (in addition to section 80) where a provision of this Act, or of regulations made under it, requires or authorises a notice or other document to be given—

(a) to a person as having an estate or interest in land, or

(b) to a person as an occupier of land,

(whether the provision uses the expression “give” or any other expression).

(2) Where—

(a) the document is to be given to a person as having an estate or interest in land, and

(b) the name of the person cannot be discovered after making reasonable inquiries,

the document may be addressed to the person as “the owner” of the land (which must be described).

(3) Where the document is to be given to a person as being the occupier of land, it may be addressed to the person by name or as “the occupier” of the land (which must be described).

(4) Subsection (5) applies—

(a) where—

(i) a document is to be given to a person as having an estate or interest in land, and

(ii) the person’s proper address (within the meaning of section 80) cannot be discovered after making reasonable inquiries;

(b) where a document is to be given to a person as being the occupier of land.

(5) The document is to be treated as having been properly given if it is addressed to the person, clearly marked as an important communication affecting the person’s land, and is—

(a) sent to the land by post and not returned as undelivered,

(b) handed to a person who is, or appears to be, resident or employed on the land, or

(c) attached conspicuously to an object on the land.

(6) This section does not apply where a provision of this Act, or of regulations made under it, requires or authorises a notice or other document to be given to the Crown.

Commencement Information

I1 S. 81 in force at 12.9.2025, see s. 92(1)