Commentary on Sections Part 2 Assessment, Registrati on and Monitoring of Disused Tips Overview of Chapter 3 Section 20 – Proposal to register tip
76.Where the Authority concludes that the criteria for registering a tip (section 7) are met based on the report of a full assessment (section 16), section 20 places a duty on the Authority to give a “notice of proposed registration” to the persons listed in section 20(2)(a) and (b).
77.For the purposes of subsection (2)(b), persons with an estate or interest in the land who are neither owners (as defined in section 88 of the Act) nor occupiers of the land may include, for example, those with an easement over the land.
78.Subsection (3) describes what must be included in a notice given under subsection (1). For example, the notice must advise the person to whom a notice is given under subsection (2) that they may make representations to the Authority on the proposal to register the tip (including the proposed category for the tip). The notice must give the person a period of at least 30 days, beginning with the day after the day on which the notice is given, to make representations. This means for example that if a notice is given on 1 October a person must be given until at least 31 October to make the representations. The notice must also explain how a person may make representations.
79.The ways of making representations could include, for example, the making of representations by email or post to the Authority.
80.It is anticipated that the Welsh Ministers will give guidance to the Authority to make reasonable adjustments for persons who may find it difficult to make representations using traditional methods.
81.In terms of the substance of the representations, it would be for the person making the representations to determine what additional evidence they wish the Authority to consider when making a decision on registration; this might include information they believe the Authority did not consider when carrying out its assessment.
82.Subsection (4) gives the Welsh Ministers a regulation making power to change the time period for making representations. The power cannot be exercised to reduce the period for making representations to less than 14 days.