xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Introductory Text
PART 1 THE DISUSED TIPS AUTHORITY FOR WALES
Establishment and exercise of functions
1.The Disused Tips Authority for Wales
2.The Authority’s exercise of its functions
General functions
3.Information, advice and assistance
4.Financial assistance
5.Ancillary powers
PART 2 ASSESSMENT, REGISTRATION AND MONITORING OF DISUSED TIPS
CHAPTER 1 REGISTER OF DISUSED TIPS
The register
6.Duty to compile and maintain register
7.The criteria for registration
8.Content of the register
9.Public access to the register
Monitoring registered tips
10.Duty to monitor registered tips
CHAPTER 2 ASSESSMENT OF DISUSED TIPS
General
11.Overview
Preliminary assessment
12.Meaning of “preliminary assessment”
13.Preliminary assessments of all disused tips
14.Additional preliminary assessments
Full assessment
15.Meaning of “full assessment”
16.Full assessment of unregistered tip
17.Full assessment of registered tip
18.Notice of intention to carry out full assessment
19.Notice of conclusions of full assessment
CHAPTER 3 REGISTERING AND DEREGISTERING DISUSED TIPS
20.Proposal to register tip
21.Decision on registration
22.Proposal to remove tip from register
23.Decision on removal of tip from register
CHAPTER 4 THE CATEGORIES OF DISUSED TIP ETC.
24.Categories of disused tip
25.Statement of policy on categorisation
26.Initial categorisation of a disused tip
27.Reviews of categorisation
CHAPTER 5 NOTIFIABLE CHANGES TO THE REGISTER
28.Meaning of “notifiable change”
29.Proposal to make notifiable change
30.Decision on notifiable change
CHAPTER 6 SUPPLEMENTARY PROVISION
31.Duty to compile and maintain list of all disused tips
32.Duty to publish notices
33.Compensation for damage or disturbance
34.Penalty for obstructing monitoring activities or assessments
PART 3 DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY
CHAPTER 1 REQUIRING AN OWNER OF LAND TO CARRY OUT OPERATIONS
35.Notice requiring owner of land to carry out operations
36.Owner’s right of entry onto land etc.
37.Duty to give interested parties copies of notice
38.Right of owner and interested parties to appeal against notice
39.Determination of appeals
40.Supplementary provision about appeals
41.Penalty for failure to comply with notice
42.Power to cancel notice
43.Reimbursement of owner’s expenses on cancellation of notice
CHAPTER 2 OPERATIONS CARRIED OUT BY THE AUTHORITY
44.Authority’s power to carry out operations
45.Authority’s right to remove and dispose of property
46.Duty to give notice to owners
47.Duty to give interested parties copies of notice
CHAPTER 3 PAYMENTS IN CONNECTION WITH OPERATIONS
48.Contribution orders
49.Meaning of “contribution order”, “contributory” and “the specified percentage”
50.Compensation for damage, loss or disturbance etc.
51.Owner’s right to recover expenses from contributory
52.Right of contributory to appeal against owner’s demand
53.Authority’s right to recover certain expenses
54.Right to appeal against Authority’s demand
CHAPTER 4 SUPPLEMENTARY PROVISION
55.Power to carry out investigations
56.Penalty for obstructing operations etc.
PART 4 SUPPLEMENTARY
Management plans for registered tips
57.Management plans
Information sharing
58.Meaning of “relevant public authority”
59.Authority’s power to require relevant public authorities to give information
60.Duties of Authority and relevant public authorities to share information
61.Information about estates or interests in land
62.Information about estates or interests in Crown land
63.Information to identify or assess threats to stability of a disused tip etc.
64.Penalties in connection with notices requiring information
Powers of entry
65.Power to enter land
66.Entry to land without a warrant
67.Warrant to enter land
68.Entry to land with a warrant
69.Penalty for obstructing entry to land
70.Entry to Crown land
Miscellaneous
71.Duty to establish and maintain a website or other electronic facility
72.Publication
73.Provision of administrative, technical or professional services
74.Guidance
75.Amendments to the Mines and Quarries (Tips) Act 1969
PART 5 GENERAL
Offences
76.Offences by bodies corporate
77.Bringing proceedings
Regulations
78.Power to make consequential, transitional etc. provision
79.Regulations under this Act
Giving notices and other documents
80.General provision about giving notices etc.
81.Additional provision about giving notices etc. to persons occupying or interested in land
82.Giving notices etc. to the Crown
Special cases
83.Raising of money in particular cases to meet expenditure
84.Church of England land
85.Power to modify application of Act to Authority land
Interpretation
86.Meaning of “tip” and “disused tip”
87.Meaning of “threat to human welfare”
88.Meaning of “owner”
89.Definitions relating to the Crown
90.General interpretation
91.Index of defined terms
Miscellaneous
92.Coming into force
93.Short title
SCHEDULE 1
THE DISUSED TIPS AUTHORITY FOR WALES
PART 1 STATUS
1.Status
PART 2 MEMBERS
2.Members
3.Disqualification from being a non-executive member
4.Terms of non-executive membership
5.Removal etc. of members
PART 3 STAFF
6.Chief executive
7.Other staff
PART 4 DELEGATION
8.Committees and sub-committees
9.Delegation
PART 5 PROCEDURE ETC.
10.Procedure
11.Validity of proceedings and acts
12.Seal
13.Evidence
PART 6 FINANCIAL MATTERS
14.Funding
15.Accounting officer
16.Accounts
17.Audit
18.Examination into use of resources
PART 7 REPORTING REQUIREMENTS ETC.
19.Corporate plan
20.Annual report
PART 8 MINOR AND CONSEQUENTIAL AMENDMENTS
21.Coal Industry Act 1994 (c. 21)
22.Government of Wales Act 2006 (c. 32)
23.Welsh Language (Wales) Measure 2011 (nawm 1)
24.Well-being of Future Generations (Wales) Act 2015 (anaw 2)
SCHEDULE 2
CLAIMS FOR COMPENSATION BY OWNERS AND CONTRIBUTORIES
1.(1) This Schedule applies to an owner of land if—...
2.(1) Where this Schedule applies to an owner of land,...
3.(1) Where this Schedule applies to a contributory, the contributory...
4.In this Schedule, references to operations include works of reinstatement...
5.In the case of an owner of land or contributory...
SCHEDULE 3
MODIFICATIONS OF SECTIONS 51 AND 52 WHERE A NOTICE UNDER SECTION 35 IS CANCELLED
1.Where the Authority has cancelled a notice given to an...
2.A reference in those sections to operations carried out in...
3.(1) In determining, for the purpose of sections 51 and...
4.Where, by virtue of a direction under section 43, the...