Part 6Enforcement and other matters
Emergency works
304Reimbursement or compensation for emergency works
Where the local authority or consent authority takes action under section 301(3) because of the default of any person, the authority may require reimbursement from that person of its actual and reasonable costs (as defined in section 258(2)).
Where the costs required to be paid under subsection (1) are not duly paid within 20 working days of being required, the authority may seek an enforcement order under section 258(1)(d).
The following are entitled to compensation from the authority in respect of any damage which did not arise from any failure of that person to abide by his or her duties under the Act:
- every person having an estate or interest in land that is injuriously affected by the exercise of any power under section 301(3):
- every other person suffering any damage as a result of the exercise of that power.
Any compensation under subsection (2) must be claimed and determined in accordance with Part 5 of the Public Works Act 1981 and the provisions of that Act, so far as they apply and with all necessary modifications, apply accordingly.