Overview of Chapter 3
75.Chapter 3 sets out the process that the Authority must follow where it proposes to register a tip or to remove a tip from the register.
Section 20 – Proposal to register tip
76.Where the Authority concludes that the criteria for registering a tip (section 7) are met based on the report of a full assessment (section 16), section 20 places a duty on the Authority to give a “notice of proposed registration” to the persons listed in section 20(2)(a) and (b).
77.For the purposes of subsection (2)(b), persons with an estate or interest in the land who are neither owners (as defined in section 88 of the Act) nor occupiers of the land may include, for example, those with an easement over the land.
78.Subsection (3) describes what must be included in a notice given under subsection (1). For example, the notice must advise the person to whom a notice is given under subsection (2) that they may make representations to the Authority on the proposal to register the tip (including the proposed category for the tip). The notice must give the person a period of at least 30 days, beginning with the day after the day on which the notice is given, to make representations. This means for example that if a notice is given on 1 October a person must be given until at least 31 October to make the representations. The notice must also explain how a person may make representations.
79.The ways of making representations could include, for example, the making of representations by email or post to the Authority.
80.It is anticipated that the Welsh Ministers will give guidance to the Authority to make reasonable adjustments for persons who may find it difficult to make representations using traditional methods.
81.In terms of the substance of the representations, it would be for the person making the representations to determine what additional evidence they wish the Authority to consider when making a decision on registration; this might include information they believe the Authority did not consider when carrying out its assessment.
82.Subsection (4) gives the Welsh Ministers a regulation making power to change the time period for making representations. The power cannot be exercised to reduce the period for making representations to less than 14 days.
Section 21 – Decision on registration
83.Section 21 sets out the procedure that the Authority must follow once the period for making representations about a proposal to include a disused tip in the register has expired.
84.Subsections (2) and (3) set out what the Authority must decide and the specific matters to which the Authority must have regard.
85.Subsection (4) provides that the Authority may also have regard to any other information it considers relevant. This could, for example, include information relating to the history of the tip’s construction, proposed development on or around a tip that will affect the tip, or changes to land use. Subsection (5) provides that where the Authority decides the criteria for registration are met, it must include the tip in the register as soon as practicable.
86.Subsection (6) provides the Authority may, if it thinks it is appropriate to do so, register a tip otherwise than in accordance with the proposal contained in the notice of proposed registration. This might occur, for example, where the Authority takes into account representations made in accordance with section 20(3) and places the tip in a different category.
87.Subsections (7) and (8) list the persons to whom the Authority must give notice of its decision and the information that must be contained in the notice.
Section 22 – Proposal to remove tip from register
88.If it appears to the Authority, on the basis of a report of a full assessment under section 17, that the criteria for registration are no longer met in relation to a tip in the register, the Authority must as soon as practicable give a “notice of proposed deregistration” to the persons listed in subsection (2)(a) and (b). The persons listed in subsection (2)(a) and (b) are the same as those required to be notified about a proposal to register a tip under section 20(2).
89.Subsection (3) sets out what a notice of proposed deregistration must contain and the minimum period for making representations.
90.Subsection (4) gives the Welsh Ministers a regulation making power to change the minimum period for making representations. The power cannot be exercised to reduce the period for making representations to less than 14 days.
Section 23 – Decision on removal of tip from register
91.Section 23 sets out the procedure that the Authority must follow once the period for making representations about a proposal to remove a disused tip from the register has expired.
92.Subsections (2) and (3) set out what the Authority must decide and the specific matters to which the Authority must have regard. Subsection (4) provides the Authority may also have regard to any other information it considers relevant.
93.Subsections (6) and (7) list the persons to whom the Authority must give notice of its decision and the information that must be contained in the notice.
