Where the grounds in subsection (2), (3) or (4) below are met, a waste regulation authority or waste collection authority may, by notice served on him, require the owner of any land in its area to comply with either or both of the requirements mentioned in subsection (1)(a) and (b) of section 59 above.
The grounds in this subsection are that it appears to the authority that waste has been deposited in or on the land in contravention of section 33(1) above or regulation 12 of the Environmental Permitting Regulations, and—
there is no occupier of the land, or
the occupier cannot be found without the authority incurring unreasonable expense.
The grounds in this subsection are that—
the authority has served a notice under subsection (1) of section 59 above imposing a requirement on the occupier of the land,
the occupier of the land is not the same person as the owner of the land, and
the occupier has failed to comply with the requirement mentioned in paragraph (a) above within the period specified in the notice.
The grounds in this subsection are that—
the authority has served a notice under subsection (1) of section 59 above imposing a requirement on the occupier of the land,
the occupier of the land is not the same person as the owner of the land, and
the requirement mentioned in paragraph (a) above has been quashed on the ground specified in subsection (3)(a) of that section.
In this section "owner" has the meaning given to it in section 78A(9) below.