Commentary on Sections Part 2 Assessment, Registrati on and Monitoring of Disused Tips Overview of Chapter Section 27 – Reviews of categorisation
102.The Act allows the Authority to change a tip’s category following a review. Subsection (1) places a duty on the Authority to review a tip’s category as soon as practicable where the Authority carries out a full assessment of a disused tip that is already in the register and the report concludes the criteria for registration are still met.
103.Subsection (2) gives the Authority the power to review the category of a tip at any other time.
104.Subsection (3) provides that where the Authority considers on review that a disused tip’s category should be changed, it must propose a different category for the tip as soon as practicable.
105.Subsections (4) and (5) mirror section 26(2) and (3), in that these provisions set out the information and documents that the Authority is required or permitted to have regard to in reviewing a disused tip’s category and in proposing a different category. Where there has been more than one full assessment in relation to a disused tip, the Authority may have regard to all of these assessments but is only required to have regard to the report of the most recent assessment.