s 11B Approval of measures of reinstatement
(1) Compensation under this Act is payable by virtue of a claim under section 11A(1) only if the claim relates to measures of reinstatement approved by— (a) the Secretary of State under this section, or (b) if a decision under this section is appealed under section 11D, the court that determines the appeal under section 11D. (2) A qualifying public authority may apply to the Secretary of State for approval under this section before or after the measures of reinstatement are taken. (3) The public authority must publish a notice of its application. (4) The notice must be published in a manner that appears to the authority to be appropriate for bringing it to the attention of— (a) the person whose breach, or alleged breach, of a duty imposed by section 7, 7B, 8, 9 or 10 caused, or is alleged to have caused, the impairment of the environment; (b) in relation to any property that is or would be affected by the measures of reinstatement, any person who appears to the authority to have such interest in or right over that property as would entitle that person to claim for damage to property. (5) A notice of an application for approval must specify the measures of reinstatement for which approval is sought. (6) The Secretary of State may approve a measure of reinstatement under this section only if satisfied that— (a) there is significant impairment of the environment; (b) the measure is, in relation to that impairment, a relevant measure of reinstatement within the meaning of section 11A; (c) the amount claimed in respect of the cost of the measure is reasonable; (d) the public authority applying for approval in relation to a measure of reinstatement is a qualifying public authority within the meaning of section 11A as regards that measure. (7) The Secretary of State may refuse to approve measures of reinstatement on the ground that the applicant, or the public authority whose costs the applicant has paid or proposes to pay, is or was not the appropriate public authority to take the measures or to arrange for them to be taken. (8) The Secretary of State may approve some but not others of the measures to which the application relates. (9) A decision by the Secretary of State under this section is not to be taken as determining— (a) whether or not there was a breach of a duty under section 7, 7B, 8, 9 or 10, or (b) whether or not the impairment of the environment arises out of or results from a breach of such a duty. (10) The Secretary of State must publish a notice of a decision made under this section. (11) For each of the measures of reinstatement to which the application relates, the notice of decision must— (a) if approval is refused, state whether or not approval is refused on the ground mentioned in subsection (7), and (b) except in a case where approval is refused on that ground, specify the reasons why the Secretary of State is or is not satisfied as to the matters in subsection (6). (12) If the Secretary of State makes a claim for compensation under section 11A(1), the Secretary of State must appoint an independent person to carry out the functions of the Secretary of State under this section and sections 11C and 11D as regards approving measures of reinstatement. (13) Approval by the appointed person is to be treated as approval by the Secretary of State for the purposes of subsection (1).