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The Contaminated Land (Wales) Regulations 2006

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This is the original version (as it was originally made).

Loss and damage for which compensation payable

4.—(1) Subject to paragraph 5(3) and (5)(b), compensation is payable under section 78G(5) for loss and damage of the following descriptions—

(a)depreciation in the value of any relevant interest to which the grantor is entitled which results from the grant of the rights;

(b)depreciation in the value of any other interest in land to which the grantor is entitled which results from the exercise of the rights;

(c)loss or damage, in relation to any relevant interest to which the grantor is entitled, which—

(i)is attributable to the grant of the rights or the exercise of them,

(ii)does not consist of depreciation in the value of that interest, and

(iii)is loss or damage of a kind in respect of which compensation for disturbance, or any other matter not directly based on the value of that interest, is payable on a compulsory acquisition;

(d)damage to, or injurious affection of, any interest in land to which the grantor is entitled which is not a relevant interest and which results from the grant of the rights or the exercise of them; and

(e)loss in respect of work carried out by, or on behalf of, the grantor which is rendered abortive by the grant of the rights or the exercise of them.

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