Commentary on Sections Part 3 – Dealing With Tip Instability and Threats to Tip Stability Overview of Chapter Section 37 – Duty to give interested parties copies of notice
152.Subsection (1) provides that where the Authority gives notice to an owner of land under section 35 requiring the carrying out of operations, it must also give a copy of the notice to any other person with an interest in the notice. This is to ensure that anyone who might be affected by the carrying out of operations on the land, or who might be required to contribute towards the cost of carrying out the operations, is informed about them. Subsection (4) requires the Authority to give copies of the notice within 7 days, beginning with the day on which the notice was given to the owner.
153.Subsection (2) prescribes the persons who (in addition to the owner) are persons with an interest in the notice.
154.The persons listed in subsection (2) include persons whose past conduct could have caused or contributed to the need for a notice to be served and who, in accordance with the provisions of section 48, could be required by the court to contribute to the costs of the operations under a contribution order. For example, a person who, to the Authority’s knowledge, has within any time in the 12 years before the notice was given to the owner used the disused tip to deposit waste from a mine or quarry.