Mines And Quarries (Tips) Act 1969

6(1)Subject to the following provisions of this paragraph, where a local authority has carried out remedial operations in the circumstances referred to in paragraph 1 above and an order has been made under section 19 requiring any person to make a contribution towards the expenses otherwise falling to be borne by the local authority, as owner of the disused tip, the local authority shall be entitled to recover from the contributory the specified percentage of—E+W+S

(a)the expenditure reasonably incurred by the authority in carrying out those remedial operations and any works of reinstatement reasonably necessary in consequence of the carrying out of those operations; and

(b)the amount of any such compensation as is mentioned in paragraph (b) of section 20(2) (being compensation referable to those remedial operations or consequential works of reinstatement) which is recoverable (or has been recovered) from the local authority in pursuance of a claim under section 20; and

(c)the amount of any such compensation as is referred to in paragraph (b) of section 20(2) in respect of which the local authority could itself have made a claim under section 20 if the disused tip had been situated in the area of another local authority and that other authority had carried out those remedial operations (and any consequential works of reinstatement).

(2)No sum shall be recoverable under this paragraph by a local authority from a contributory unless a demand therefor is served on the contributory specifying, in addition to the sum claimed by way of contribution,—

(a)the total amount in respect of which the contribution is claimed; and

(b)the separate amounts which comprise that total, distinguished by reference to paragraphs (a), (b) and (c) of sub-paragraph (1) above.

(3)Section 23(5) shall apply to any sum recoverable under this paragraph as it applies to sums recoverable under section 23.

(4)Within the period of six weeks beginning with the date of the service on a contributory of a demand under sub-paragraph (2) above, the contributory may apply to the court for an order varying or cancelling the demand—

(a)on any one or more of the grounds specified in paragraphs (b) to (f) of section 24(2); or

(b)on the ground that the amount of the expenses incurred by the local authority in carrying out the remedial operations was greater than was reasonable; or

(c)on the ground that the amount claimed in the demand is greater than the specified percentage of the aggregate of the expenditure referred to in paragraphs (a) to (c) of sub-paragraph (1) above.

(5)Section 24(4) shall apply in relation to an application under sub-paragraph (4) above as it applies in relation to an application under section 24 and, subject to the right to make an application under that sub-paragraph, a demand under sub-paragraph (2) above shall be final and conclusive.