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].