26Purchase of damaged improvements and effecting of remedial works by the Chief Executive

#### 26 Purchase of damaged improvements and effecting of remedial works by the Chief Executive 26 Purchase of damaged improvements and effecting of remedial works by the Chief Executive > > (1) The Chief Executive may, instead of making a payment of compensation in respect of a claim under section 7 (1) or (2) (b)— > > > > > (a) after consulting a qualified valuer, agree with the owner of the land or improvements to which the claim relates to purchase the following without regard to any subsidence damage or damage caused by works to prevent or mitigate subsidence damage— > > > > > > > (i) the land, > > > > > > > (ii) the improvements, > > > > > > > (iii) any estate or interest in the land or the improvements concerned, or > > > > > (b) carry out such works as may be necessary to restore the damaged improvements or goods to a condition as nearly as practicable to the condition in which the improvements or goods were before the damage to the improvements or goods arose. > > > (2) If no agreement has been entered into under subsection (1) (a) within such time as the Chief Executive considers reasonable after the claim is made under section 7 (1) or (2) (b), the Chief Executive may acquire the land (or the land and improvements or the estate or interest) by compulsory process in accordance with the [Land Acquisition (Just Terms Compensation) Act 1991](/view/html/inforce/current/act-1991-022) without regard to any subsidence damage or damage caused by works to prevent or mitigate subsidence damage. > > > (3) For the purposes of the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045), any such acquisition is taken to be for an authorised work and the Chief Executive is taken to be the Constructing Authority. > > > (4) Sections 34, 35, 36 and 37 of the [Public Works and Procurement Act 1912](/view/html/inforce/current/act-1912-045) do not apply in respect of works constructed under this section. > > > (5) The Chief Executive may sell, lease or otherwise dispose of any property acquired by the Chief Executive under subsection (1) or (2). > > > (5A) The Chief Executive may demolish or remove improvements or goods— > > > > > (a) purchased or acquired by the Chief Executive under subsection (1) or (2), or > > > > > (b) on land purchased or acquired by the Chief Executive under subsection (1) or (2). > > > (6) The Chief Executive may, in connection with any purchase under subsection (1), agree to increase the purchase price determined under that subsection by the amount of the reasonable incidental expenses incurred by the owner in connection with, or resulting from, the sale of the property concerned to the Chief Executive. > > > (6A) The Chief Executive may recover the following amounts from the proprietor of an active coal mine as a debt due to the Crown— > > > > > (a) an amount paid to a person under subsection (1) or (2), if the Chief Executive reasonably believes that— > > > > > > > (i) the land, improvements or goods experienced subsidence damage, and > > > > > > > (ii) the subsidence damage was caused by the active coal mine. > > > > > (b) the costs associated with the repair, maintenance or sale of land or improvements acquired under subsections (1)(a) or (2), if the Chief Executive reasonably believes that— > > > > > > > (i) the land and improvements experienced subsidence damage, and > > > > > > > (ii) the subsidence damage was caused by the active coal mine. > > > (7) Subject to the regulations, a reference in this section to a qualified valuer is a reference to a person who is of a class prescribed by the regulations. > > **s 26:** Am 2024 No 48, Sch 1\[30\]–\[35\].