Commentary on provisions of the Act Reinstatement and environmental works Section 50: Power to carry out reinstatement works
Section 50 allows the nominated undertaker to carry out works to reinstate within the Act limits all or part of an undertaking whose operation or use has been discontinued or substantially impaired by the exercise of the powers of the Act.
	Subsection (3) allows this power to be used to provide temporary reinstatement works, followed by permanent reinstatement works.
	Where the nominated undertaker carries out such reinstatement works, planning permission is granted under section 20 and is accordingly subject to the conditions specified in Schedule 17. However, under subsection (4) the Secretary of State may direct that this permission does not apply in relation to particular reinstatement works, and where this is done, under subsection (5) the Secretary of State may further direct that planning permission is deemed to be granted under Part 3 of the Town and Country Planning Act 1990 for the works subject to conditions tailored for the development concerned. Where a direction has been given to that effect, the Secretary of State may also direct that a person other than the nominated undertaker may carry out the works.
	By virtue of subsection (6), where such a planning direction is given, the deemed planning permission is treated for the purposes of most provisions of the Town and Country Planning Act 1990 as granted on an application referred to the Secretary of State under section 77 of that Act, and under subsection (7) the time limit in section 21 is applied to it as if the reinstatement works were scheduled works.
	By virtue of subsection (8), a planning direction under subsection (5) may not be made by the Secretary of State where the reinstatement works may have significant effects on the environment, unless they have been appropriately environmentally assessed in the environmental statement for the Act.
	Subsection (9) requires planning directions under subsection (5) to be published and copies distributed to the local planning authority and the owners and occupiers of the land concerned. Subsections (10), (11), (12) and (13) make provision for where the local planning authority is a Mayoral development corporation, or if a Mayoral development corporation becomes, or ceases to be, the local planning authority to which copies of planning directions under subsection (5) are distributed.
	Subsection (14) provides that where someone other than the nominated undertaker carries out the reinstatement works, that person is responsible for any compensation for injurious affection which may become payable, in place of the nominated undertaker.
	Subsection (15) enables directions under subsection (5) to be revoked and varied.