Section 27: Crop loss payments.

Coal Mining Subsidence Act 1991 · 1991 c. 45View on legislation.gov.uk

Part III: Additional Remedies

Where at any time land constituting or included in an agricultural unit is affected by subsidence damage, this section shall apply as respects the period beginning with that time and ending with the discharge by the Corporation of their remedial obligation with respect to the damage.

There shall be disregarded for the purposes of subsection (2) above—

any crops which would normally have been harvested before the subsidence damage became evident;
any crops which were or would have been sown or planted after an election by the Corporation under section 10 above to make a depreciation payment in respect of the damage; and
if all reasonable steps have not been taken to protect them, any crops grown in a greenhouse affected by the damage;

and there shall be disregarded for the purposes of subsection (3) above any use of land for pasture which was or would have been so used after such an election as is mentioned in paragraph (b) above.

The Corporation shall not be liable to make a payment under this section except on a claim made by the person entitled to it within the period of twelve months beginning with the end of the year or part of a year to which the payment relates.

Where a claim is made under subsection (5) above, the Corporation may, by notice given to any person who is entitled to give a damage notice in respect of the subsidence damage, elect to treat that claim as if it were also such a notice given by that person in respect of that damage.

A payment under this section shall carry interest at the applicable rate (if any) from the date of the claim on which the payment is made until payment but any period of delay in determining the amount of any such payment which is attributable to unreasonable conduct on the part of that person shall be disregarded for the purposes of this subsection.

In this section—

  • "greenhouse" includes any building or structure designed to afford protection from the weather or to secure the retention of heat;

  • "year" means a calendar year;

and in relation to any agricultural activity carried on on land constituting or included in an agricultural unit, the person having the right to carry it on shall be treated as the occupier of that unit.

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.