Planning (Hazardous Substances) Act 1990
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Change 1
16 Compensation in respect of s. 14 orders.
(1) This section applies where an order is made under section 14(1) revoking or modifying a hazardous substances consent. (2) If, on a claim made to the hazardous substances authority within the prescribed time and in the prescribed manner, it is shown that any person has suffered damage in consequence of the order— (a) by depreciation of the value of an interest to which he is entitled in the land or in minerals in, on or under it; or (b) by being disturbed in his enjoyment of the land or of minerals in, on or under it, the authority shall pay him compensation in respect of that damage. (3) Without prejudice to subsection (2), any person who carries out any works in compliance with the order shall be entitled, on a claim made as mentioned in that subsection, to recover from the hazardous substances authority compensation in respect of any expenses reasonably incurred by him in that behalf. (4) Any compensation payable to a person under this section by virtue of an order shall be reduced by the value to him of any timber, apparatus or other materials removed for the purpose of complying with the order. (5) Sections 117 and 118 of the principal Act (which contain general provisions as to the assessment of and the determination of claims for compensation) shall apply as if compensation under this section were compensation under section 115 of that Act.
16 Compensation in respect of s. 14 orders.
(1) This section applies where an order is made under section 14(1) revoking or modifying a hazardous substances consent. (2) If, on a claim made to the hazardous substances authority within the prescribed time and in the prescribed manner, it is shown that any person has suffered damage in consequence of the order— (a) by depreciation of the value of an interest to which he is entitled in the land or in minerals in, on or under it; or (b) by being disturbed in his enjoyment of the land or of minerals in, on or under it, the authority shall pay him compensation in respect of that damage. (3) Without prejudice to subsection (2), any person who carries out any works in compliance with the order shall be entitled, on a claim made as mentioned in that subsection, to recover from the hazardous substances authority compensation in respect of any expenses reasonably incurred by him in that behalf. (4) Any compensation payable to a person under this section by virtue of an order shall be reduced by the value to him of any timber, apparatus or other materials removed for the purpose of complying with the order. (5) Sections 117 and 118 of the principal Act (which contain general provisions as to the assessment of and the determination of claims for compensation) shall apply as if compensation under this section were compensation under section 115 of that Act.
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