Waste Management Licences (Consultation and Compensation) Regulations 1999

JurisdictionUK Non-devolved
CitationSI 1999/481

1999 No. 481

ENVIRONMENTAL PROTECTION

The Waste Management Licences (Consultation and Compensation) Regulations 1999

Made 25th February 1999

Laid before Parliament 5th March 1999

Coming into force 1st April 1999

The Secretary of State for the Environment, Transport and the Regions, as respects England, the Secretary of State for Scotland, as respects Scotland, and the Secretary of State for Wales, as respects Wales, in exercise of the powers conferred by sections 35A(3) and (4), 36A(5)(b) and 37A(6)(b) of the Environmental Protection Act 19901, and of all other powers enabling them in that behalf, hereby make the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Waste Management Licences (Consultation and Compensation) Regulations 1999 and shall come into force on 1st April 1999.

S-2 Interpretation

Interpretation

2. In these Regulations, unless the context otherwise requires–

the 1961 Act” means the Land Compensation Act 19612;

the 1963 Act” means the Land Compensation (Scotland) Act 19633;

“grantor” means a person who has granted, or joined in the granting of, rights pursuant to the requirements of section 35(4) or 38(9A)4;

“relevant interest” means an interest in land out of which rights have been granted pursuant to the requirements of section 35(4) or 38(9A),

and any reference to a numbered section is a reference to the section bearing that number in the Environmental Protection Act 1990.

S-3 Consultations—prescribed period

Consultations—prescribed period

3. For the purposes of–

(a) subsection (5) of section 36A (consultation before the grant of certain licences) (including that subsection as applied by subsection (9B)5of section 38 (revocation and suspension of licences)) the period shall be 3 months; and

(b) subsection (6) of section 37A (consultation before certain variations), the period shall be six weeks.

S-4 Compensation following grant of rights

Compensation following grant of rights

4. Subject to regulation 7(3) and (5)(b), compensation is payable under section 35A (compensation where rights granted pursuant to section 35(4) or 38(9A)) 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 for which he would have been entitled to compensation by way of compensation for disturbance, if that interest had been acquired compulsorily under the Acquisition of Land Act 19816or the Acquisition of Land (Authorisation Procedure) (Scotland) Act 19477in pursuance of a notice to treat served on the date on which the rights were granted;

(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;

(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.

S-5 Time at which entitlement to compensation arises

Time at which entitlement to compensation arises

5.—(1) Subject to paragraph (2), an entitlement to compensation under section 35A arises on the date of the grant of the rights.

(2) Where, after a grant of rights pursuant to section 35(4) or 38(9A), the conditions of the licence which rendered the grant of rights necessary are upheld on the final determination of an appeal against those conditions, the entitlement to compensation arises on the date of the final determination of the appeal.

S-6 Applications for compensation

Applications for compensation

6.—(1) An application for compensation under section 35A shall be made by the grantor–

(a)

(a) within 12 months from the date on which the entitlement to compensation arises in his case; or, as he may decide,

(b)

(b) within six months from the date on which the rights are first exercised.

(2) An application shall be made in writing to the holder of the licence to whom the rights were granted and delivered at or sent by pre-paid post to the last known address for correspondence of that person.

(3) The application shall contain, or be accompanied by–

(a)

(a) a copy of the grant of rights in respect of which the grantor’s entitlement arises, and of any plans attached to that grant,

(b)

(b) a description of the exact nature of any interest in land in respect of which compensation is applied for,

(c)

(c) a statement of the amount of compensation applied for, distinguishing the amounts applied for under each of paragraphs (a) to (e) of regulation 4, and showing how the amount applied for under each paragraph has been calculated, and

(d)

(d) where the date on which the entitlement to compensation arises is ascertained in accordance with regulation 5(2), a copy of the notice of the final determination of the appeal.

S-7 Basis on which compensation assessed

Basis on which compensation assessed

7.—(1) The amount to be paid by way of compensation under section 35A...

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