202.Where a contribution order has been made under section 48 in relation to operations an owner carried out on their land in compliance with a notice issued under section 35, the owner is entitled to recover from the contributory the contribution specified in the order in accordance with section 51.
203.As explained in the notes for section 48, the contribution order will specify the percentage of the total amount of expenses incurred by an owner which the owner may seek as a contribution. Subsection (3) of section 51 sets out how the total amount is calculated. It is the sum of:
204.Subsections (4) and (5) set out the procedural requirements an owner must follow to recover expenses from a contributory.
205.Subsection (7) provides that this section and section 52 have effect with the modifications set out in Schedule 3 in circumstances where an owner of land has carried out operations specified in a notice under section 35 and the Authority has cancelled that notice under section 42.
Commentary on Sections Part 3 – Dealing With Tip Instability and Threats to Tip Stability Overview of Chapter Section 51 – Owner's right to receive expenses from contributory