9Use of private land

9 Use of private land

(1)  Subject to subsection (2) , an approved person may apply to the Minister for an authorisation to use land which is not owned by the Crown or the approved person for the establishment of facilities for use in undertaking a pollution-reducing activity.

(2)  An application must not be made unless –

(a) the applicant has used his or her best endeavours to reach agreement with the owner of the land for the sale of the land on reasonable commercial terms; and

(b) agreement could not be reached.

(3)  An application is to contain full particulars of –

(a) the relevant land; and

(b) any pollution-reducing activity intended to be undertaken; and

(c) any associated building or other works intended to be undertaken; and

(d) the applicant's attempt to reach agreement with the owner of the land for the sale of the land.

(4)  If the Minister, on receiving an application, is satisfied that –

(a) subsection (2)(a) has been complied with; and

(b) it is appropriate for him or her to do so in order to facilitate a pollution-reducing activity –

the Minister may consult with the person who owns the relevant land with a view to reaching an agreement for the sale of that land.

(5)  The Minister may acquire the relevant land in accordance with section 4(1)(b) of the Land Acquisition Act 1993 .

(6)  Section 73(3)(a) of the Land Acquisition Act 1993 does not apply to land acquired for the purposes of this section.