Disused Mine and Quarry Tips (Wales) Act 2025

Prospective

(introduced by sections 33(5) and 50(8))

SCHEDULE 2 E+W CLAIMS FOR COMPENSATION BY OWNERS AND CONTRIBUTORIES

1 (1) This Schedule applies to an owner of land if— E+W

(a) the Authority has carried out operations on the land under section 44, or has carried out investigations under section 55 that resulted in the carrying out of the operations,

(b) the owner has claimed compensation from the Authority under this Act, and

(c) either—

(i) no contribution order has been made in respect of the expenses that the owner otherwise has to bear in respect of the carrying out of those operations or investigations, or

(ii) one or more such orders have been made but the specified percentage or, as the case may be, the aggregate of the specified percentages is less than 100.

(2) This Schedule applies to a contributory if—

(a) the expenses in respect of which a contribution may be claimed under section 51 or 53 include expenses incurred in carrying out any operations or investigations referred to in section 53(1) or (2), and

(b) the contributory has claimed compensation from an owner of land or the Authority under this Act.

(3) For the purposes of sub-paragraph (1), investigations are to be treated as having resulted in the carrying out of operations if, within 12 months beginning with the day after the completion of the investigations, the Authority started to carry out the operations.

Commencement Information

I1 Sch. 2 para. 1 not in force at Royal Assent, see s. 92(3)

2 (1) Where this Schedule applies to an owner of land, the owner is not entitled to enforce the claim for compensation, otherwise than by way of set-off against a sum demanded from the owner by the Authority under section 53, until the end of 12 months beginning with the day on which the operations referred to in paragraph 1 were completed. E+W

(2) But where—

(a) the Authority gives the owner of the land a demand under section 53(4), and

(b) the amount recoverable by virtue of that demand (having regard to any application made by the owner under section 54) is less than the amount of the owner’s claim for compensation from the Authority,

sub-paragraph (1) does not apply to proceedings brought by the owner to recover the balance of that compensation from the Authority.

Commencement Information

I2 Sch. 2 para. 2 not in force at Royal Assent, see s. 92(3)

3 (1) Where this Schedule applies to a contributory, the contributory is not entitled to enforce the claim for compensation, otherwise than by way of set-off against any sum demanded from the contributory under section 51 or 53, until the end of the relevant period. E+W

(2) But where—

(a) the contributory is given a demand for a contribution under section 51 or 53, and

(b) the amount recoverable by virtue of that demand (having regard to any application made under section 52 or 54) is less than the amount of the contributory’s claim for compensation from the person who gave the demand,

sub-paragraph (1) does not apply to proceedings brought by the contributory to recover the balance of the compensation from that person.

(3) For the purposes of this paragraph, the “relevant period” is—

(a) in relation to a claim by a contributory for compensation recoverable from an owner of land, 12 months beginning with the day on which the owner completed the operations referred to in paragraph 1(2)(a);

(b) in relation to a claim by a contributory for compensation recoverable from the Authority—

(i) where the expenses in respect of which a contribution may be claimed from the contributory fall within section 53(1), 12 months beginning with day on which the operations referred to in that section were completed;

(ii) where the expenses in respect of which a contribution may be claimed from the contributory fall within section 53(2), 12 months beginning with day on which the investigations referred to in that section were completed.

Commencement Information

I3 Sch. 2 para. 3 not in force at Royal Assent, see s. 92(3)

4 E+W In this Schedule, references to operations include works of reinstatement consequential on those operations.

Commencement Information

I4 Sch. 2 para. 4 not in force at Royal Assent, see s. 92(3)

5 E+W In the case of an owner of land or contributory to whom this Schedule applies, the person’s cause of action to recover the compensation referred to in paragraph 1 is to be regarded, for the purposes of section 9 of the Limitation Act 1980 (c.58), as having accrued—

(a) at the end of the period referred to in paragraph 2(1) or 3(1), whichever is applicable, or

(b) if paragraph 2(2) or 3(2) applies, on the date on which the demand referred to in the applicable paragraph was given.

Commencement Information

I5 Sch. 2 para. 5 not in force at Royal Assent, see s. 92(3)