26APurchase of damaged improvements or effecting of remedial works by proprietor of coal mine

#### 26A Purchase of damaged improvements or effecting of remedial works by proprietor of coal mine 26A Purchase of damaged improvements or effecting of remedial works by proprietor of coal mine > > (1) This section applies if— > > > > > (a) a person has, under section 11, made a claim for compensation for land, improvements or goods, and > > > > > (b) the Chief Executive reasonably believes that the land, improvements or goods has experienced subsidence damage caused by an active coal mine. > > > (2) The Chief Executive may, instead of making a payment of compensation in relation to a claim under section 7(1), direct the proprietor of the active coal mine to— > > > > > (a) after consulting a qualified valuer, purchase the following without regard to subsidence damage or damage caused by works to prevent or mitigate the subsidence damage— > > > > > > > (i) the land, > > > > > > > (ii) the improvements, > > > > > > > (iii) any estate or interest in the land or the improvements concerned, or > > > > > (b) carry out works necessary to restore the following to a condition as nearly as practicable to the condition in which they were before the subsidence damage arose— > > > > > > > (i) the land, > > > > > > > (ii) the improvements. > > > (3) Subsection (2)(a) does not apply unless the owner of the land or improvements has given written consent to the purchase. > > > (4) 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 26A:** Ins 2024 No 48, Sch 1\[36\].