Disused Mine and Quarry Tips (Wales) Act 2025

Section 74 - Guidance

295. Subsection (1) places a duty on the Welsh Ministers to give guidance to the Authority in relation to the exercise of its functions in relation to –

(a)

section 3(4) (Authority’s power to charge fees);

(b)

section 10 (Authority’s duty to monitor registered tips);

(c)

Chapter 2 of Part 2 (preliminary and full assessment of tips by the Authority);

(d)

section 33 (compensation for damage or disturbance caused by monitoring or assessment activity);

(e)

Chapter 3 of Part 3 (payments in connection with operations);

(f)

section 57 (management plans).

296. Subsection (2) gives Welsh Ministers the power to give guidance to the Authority in relation to the exercise of any of its other functions under the Act. Subsection (3) requires the Authority to have regard to guidance given under subsection (1) or (2) in exercising its functions.

297. Subsection (4) places a duty on the Welsh Ministers to give guidance to a person appointed to determine an appeal under section 38 or section 43. In accordance with subsection (5), a person appointed to determine such an appeal must have regard to guidance issued by the Welsh Ministers under subsection (4).

298. Subsection (6) places a duty on the Welsh Ministers to consult with such persons as they consider appropriate prior to giving guidance under this section.