Disused Mine and Quarry Tips (Wales) Act 2025

Section 79 - Regulations under this Act

309. This section provides that each power in the Act to make regulations is exercisable by statutory instrument.

310. Subsections (3), (4) and (5) provide that a statutory instrument containing regulations made under the following provisions of the Act are to be made under the affirmative procedure (i.e. a draft of the instrument must be laid before, and approved by a resolution of, Senedd Cymru):

(a)

section 10(5) (change to minimum number or period of inspections for category 1 tips or category 2 tips);

(b)

section 20(4), section 22(4) or section 29(3) (change to minimum period for making representations to the Authority);

(c)

section 40 (Procedure etc for appeals under Chapter 1 of Part 3);

(d)

section 43 (Procedure etc. for claims for reimbursement of owners’ expenses under Chapter 1 of Part 3);

(e)

section 58 (Change to meaning of “relevant public authority” in Part 4);

(f)

section 85 (Application of Act to land owned by the Authority);

(g)

section 86 (Change to meaning of “disused tip”);

(h)

paragraph 2(4) of Schedule 1 (change to the number of members of the Authority);

(i)

paragraph 19(11) of Schedule 1 (change to the period to which the Authority’s corporate plan relates);

(j)

section 78 (Power to make consequential, transitional etc. provision) - where the regulations modify any primary legislation. “Primary legislation” is defined in subsection (7).

311. Subsection (6) provides that statutory instruments containing regulations made under any other power in the Act are subject to the negative procedure.