106.Chapter 5 makes provision about notifiable changes to the register. It defines what is meant by notifiable change, the process that the Authority must follow if it proposes to make a notifiable change, and the process for making a decision on a notifiable change.
107.For the purposes of Chapter 5, a notifiable change means a change to the area shown as the area of a disused tip on the map included in the register, or a change to the disused tip’s category.
108.Subsection (1) describes the persons that the Authority must notify if it proposes to make a notifiable change.
109.Subsection (2) describes what a notice under subsection 1 (i.e. a “notice of a proposed change to the register”) must address.
110.Amongst other things, the notice must advise the person to whom a notice is given under this section that they may make representations to the Authority about the proposal. 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.
111.The ways of making representations could include, for example, by email or post to the Authority. 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 a complaint using traditional methods.
112.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, this might include information they believe the Authority has not considered or had access to.
113.Subsection (3) 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.
114.The provisions in this section set out the procedure that the Authority must follow in deciding whether to make the change, once the period for making representations about a proposal to make a notifiable change has expired.
115.Subsection (5) provides that in making its decision, the Authority must have regard to any representations about the proposal by a person who was given a notice under section 29. Subsection (6) 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 and its stability.
116.Subsection (7) provides that where the Authority decides to make a notifiable change, it must update the register as soon as practicable.
117.Subsections (8) and (9) set out the procedure that the Authority must follow to give notice of its decision.