Welsh Development Agency Act 1975

[F1 16 Derelict land. E+W+S

(1) Subject to the provisions of this section, where it appears to the Agency that steps should be taken for the purpose of—

(a) reclaimimg or improving any land to which this subsection applies; or

(b) enabling any such land to be brought into use,

they may, with the consent of the Secretary of State, exercise as respects that land the powers specified in subsection (3) below.

(2) Subsection (1) above applies to—

(a) land which is derelict, neglected or unsightly; and

(b) except as respects the exercise of the power specified in subsection (3)(a) below in relation to a person other than a local authority in whose area it is situated, land which is not derelict, neglected or unsightly but is likely to become so by reason of actual or apprehended collapse of the surface as the result of the carrying out of relevant operations which have ceased to be carried out.

(3) The Agency’s powers under this subsection are—

(a) a power to pay to any person grants of such amounts and payable at such times and subject to such conditions as they may from time to time determine in respect of relevant expenditure incurred by that person;

(b) a power, after consultation with such local authorities and other bodies as appear to the Agency to have an interest, to acquire compulsorily or by agreement, for the purpose mentioned in subsection (1) above, the land to which that subsection applies or any other land; and

(c) a power to carry out, for that purpose, any works on the land to which that subsection applies or any other land;

and the Agency’s powers under this subsection are in addition to, and not in derogation from, any power conferred on them by any other provision of this Act.

(4) In subsection (3)(a) above “relevant expenditure” means expenditure incurred, with the approval of the Agency, in or in connection with—

(a) the carrying out, for the purpose mentioned in subsection (1) above, of any works on the land to which that subsection applies or any other land;

(b) the carrying out of a survey of the land to which that subsection applies for determining whether any works for that purpose should be undertaken (whether or not such works are carried out); and

(c) in relation to a local authority in whose area the land to which that subsection applies is situated, the acquisition, for that purpose, of that land or any other land.

(5) Grants under subsection (3)(a) above may be made in such manner as appears to the Agency to be requisite.

(6) The amount of the grant which may be paid under subsection (3)(a) above to a person other than a local authority in whose area the land to which subsection (1) above applies is situated shall not exceed—

(a) the prescribed percentage of the relevant expenditure; or

(b) in the case of a periodical grant in respect of costs from time to time incurred or treated as incurred in respect of the borrowing of money to defray the relevant expenditure, the prescribed percentage of the costs so incurred or treated as incurred.

In this subsection “the prescribed percentage” means 80 per cent. or such other percentage as may be prescribed by order made by the Secretary of State with the consent of the Treasury.

(7) After carrying out works on land acquired under subsection (3)(b) above the Agency may dispose of it free of charge to a local authority or the development corporation of a new town for the purpose of its use as a public open space.

(8) A statutory instrument containing an order under subsection (6) above shall be subject to annulment in pursuance of a resolution of either House of Parliament; and an order under that subsection may make such transitional provision as appears to the Secretary of State to be necessary or expedient.

(9) In this section—

“local authority” means—

(a) a county council or district council or

(b) in relation to an area which is or comprises the whole or a part of a National Park and for which a joint planning board, special planning board or National Park Committee has been established, that board or Committee;

“relevant operations” means underground mining operations other than operations for the purpose of the working and getting coal, or of coal and other minerals worked with coal, or for the purpose of getting any product from coal in the course of working and getting coal.]

Textual Amendments

F1 S. 16 substituted (E. W.) by Derelict Land Act 1982 (c. 42, SIF 46:4), s. 2(1).

Modifications etc. (not altering text)

C1 S. 16(1) extended (E.W.) (19.9.1995) by 1995 c. 25, ss. 70, 125(2), Sch. 9 para. 7 (with ss. 7(6), 115, 117)

X1 16 Derelict land. E+W+S

(1) In any case where the Agency are satisfied with regard to any land—

(a) that it is derelict, neglected or unsightly, and

(b) that steps should be taken for the purpose of enabling it to be brought into use, or of improving its appearance,

the Agency, with the consent of the Secretary of State, may exercise the powers specified in subsection (3) below in relation to the relevant land.

(2) In this section “the relevant land” means the land with regard to which the Agency are satisfied as mentioned in subsection (1) above and any other land, whether or not adjacent to it, in relation to which the exercise of the powers specified in subsection (3) below is reasonably requisite for or in connection with the purpose mentioned in subsection (1)(b) above.

(3) The Agency’s powers under this section are—

(a) a power to make such grants to the council of the county or district in which the relevant land is situated as appear to the Agency to be requisite in respect of the acquisition of that land by that council for the purpose mentioned in subsection (1)(b) above or their carrying out of any work on it for that purpose, and

(b) a power, after consultation with such local authorities and other bodies as appear to the Agency to have an interest, themselves to acquire the relevant land by agreement or compulsorily, and

(c) a power to carry out on any of the relevant land such works as appear to them to be expedient for the purpose mentioned in subsection (1)(b) above;

and the Agency’s powers under this subsection are in addition to, and not in derogation from, any power conferred on them by any other provision of this Act.

(4) After carrying out works on land acquired under this section the Agency may dispose of it free of charge to a local authority or the development corporation of a new town for the purpose of its use as a public open space.

(5) Section 8(3) of the M1 Local Employment Act 1972 (which this section supersedes for Wales) shall cease to have effect in relation to Wales upon the day on which this section comes into operation, except in the case of schemes as respects which an offer of grant has been made by the Secretary of State and the scheme to which it relates has been the subject of a tender accepted by the local authority concerned.

Editorial Information

X1 S. 16 commencing “Subject to the provisions of this section” substituted (W.) for s. 16 commencing “In any case where the Agency” by Derelict Land Act 1982 (c. 42, SIF 46:4), s. 2(1)

Marginal Citations

M1 1972 c. 5.