Mines And Quarries (Tips) Act 1969

25 Grants towards local authority expenditure.E+W+S

(1)Where remedial operations are being or have been carried out in relation to a disused tip by a local authority, the appropriate Minister may, with the consent of the Treasury, make grants to the local authority towards the expenditure incurred by the authority in or in connection with the carrying out of the remedial operations, any previous exploratory tests and any consequential works of reinstatement.

(2)Grants made by the appropriate Minister under this section shall be of such amounts and payable at such times and subject to such conditions as he may from time to time determine either generally or in the case of any particular local authority or grant.

(3)Grants under this section may be made either as periodical grants in respect of the costs from time to time incurred or treated as incurred by a local authority in respect of the borrowing of money to defray expenditure qualifying for such grants, or as capital grants in respect of such expenditure or in substitution for such periodical grants.

(4)Where a grant is made to a local authority under this section the appropriate Minister may, after consultation with the local authority, give a direction that, having regard to the amount of the grant, the total amount recoverable from the owner of the disused tip concerned and any contributories under section 23, in respect of the expenditure referred to in paragraphs (a) to (d) of section 23(1), shall be limited to such amount as may be specified in the direction.

(5)Where a direction is given under subsection (4) limiting the amount recoverable from the owner of the disused tip and any contributories under section 23 to the amount specified in the direction then, in relation to the recovery of that amount by the local authority,—

(a)in a case where there are no contributories, the amount recoverable under that section from the owner by the local authority shall be reduced to the amount specified in the direction.

(b)any reference in section 23(3) to the amount recoverable from the owner of the disused tip shall be construed as a reference to the amount specified in the direction;

(c)a demand under section 23(4) shall state that the direction has been given and shall state the amount specified in the direction;

(d)in section 23(4), the reference in paragraph (a) to the total amount in respect of which the contribution is claimed and the reference in paragraph (c) to the total amount recoverable by the local authority shall each be construed as a reference to the total amount which would have been recoverable by the authority if no direction had been given; and

(e)in paragraph (g) of section 24(2), for the reference to the total amount recoverable by the authority under section 23(1) there shall be substituted a reference to the amount specified in the direction.

[F1(6)Where, by virtue of Part VI of the M1Local Government Act 1972, a district council incurs any such expenditure as is referred to in subsection (1), grants under this section may be made to the district council and references to a local authority shall be construed accordingly.]