Commentary on Sections Part 2 Assessment, Registrati on and Monitoring of Disused Tips Overview of Chapter 3 Section 21 – Decision on registration
83.Section 21 sets out the procedure that the Authority must follow once the period for making representations about a proposal to include a disused tip in the register has expired.
84.Subsections (2) and (3) set out what the Authority must decide and the specific matters to which the Authority must have regard.
85.Subsection (4) provides that the Authority may also have regard to any other information it considers relevant. This could, for example, include information relating to the history of the tip’s construction, proposed development on or around a tip that will affect the tip, or changes to land use. Subsection (5) provides that where the Authority decides the criteria for registration are met, it must include the tip in the register as soon as practicable.
86.Subsection (6) provides the Authority may, if it thinks it is appropriate to do so, register a tip otherwise than in accordance with the proposal contained in the notice of proposed registration. This might occur, for example, where the Authority takes into account representations made in accordance with section 20(3) and places the tip in a different category.
87.Subsections (7) and (8) list the persons to whom the Authority must give notice of its decision and the information that must be contained in the notice.