181.Section 44 gives the Authority the power to carry out operations on any land, if it considers it necessary to do so to achieve the objective in subparagraph (2). However, this power to carry out operations is subject to the requirement to give notice to owners set out in section 46.
182.The Authority has the power to intervene in the interests of the stability of disused tips at various stages, including by taking pre-emptive action.
183.“Operations” are defined in section 90 as including, but not limited to, building and engineering operations. Examples of such operations might include the clearing of drainage infrastructure, the removal of vegetation, the repair of retaining structures, the reinstatement of erosion features and the remediation of areas of landslip.
184.The Authority is given the power to carry out operations on any land. This includes land on which a disused tip is situated, but also includes other land. In practice this land is likely to be, land that is immediately adjacent to a disused tip where the conditions on that land are having, or have the potential to have, an impact on the stability of the disused tip.
Commentary on Sections Part 3 – Dealing With Tip Instability and Threats to Tip Stability Overview of Chapter Section 44 – Authority's power to carry out operations