Disused Mine and Quarry Tips (Wales) Act 2025

Prospective

PART 2 E+W ASSESSMENT, REGISTRATION AND MONITORING OF DISUSED TIPS

CHAPTER 1 E+W REGISTER OF DISUSED TIPS

The register E+W

6 Duty to compile and maintain register E+W

(1) The Authority must compile and maintain an electronic register of disused tips that the Authority decides—

(a) pose a threat to human welfare by reason of instability, or

(b) could pose such a threat in the event of instability.

(2) Chapter 3 sets out the process for including disused tips in the register or removing them from it.

(3) In this Part, references to “the register” are to the register referred to in subsection (1).

Commencement Information

I1 S. 6 not in force at Royal Assent, see s. 92(3)

7 The criteria for registration E+W

For the purposes of this Part, the criteria for registering a disused tip are that the tip—

(a) poses a threat to human welfare by reason of instability, or

(b) could pose such a threat in the event of instability.

Commencement Information

I2 S. 7 not in force at Royal Assent, see s. 92(3)

8 Content of the register E+W

(1) An entry in the register for a disused tip must include—

(a) a map showing the area of the tip, and

(b) the information described in subsection (2).

(2) The information is—

(a) the name or names by which the tip is commonly known (if any);

(b) the location of the tip;

(c) a unique identifier given by the Authority to the tip;

(d) the tip’s category (see Chapter 4);

(e) the date of the most recent inspection of the tip (if any);

(f) any additional information specified by regulations made by the Welsh Ministers.

(3) The Welsh Ministers must consult the Authority before making regulations under subsection (2)(f).

(4) A change to the map showing the area of a disused tip or a change to a tip’s category may only be made in accordance with Chapter 5.

Commencement Information

I3 S. 8 not in force at Royal Assent, see s. 92(3)

9 Public access to the register E+W

The Authority must‍ publish the maps and information in the register, other than any information specified by regulations under section 8(2)(f).

Commencement Information

I4 S. 9 not in force at Royal Assent, see s. 92(3)

Monitoring registered tips E+W

10 Duty to monitor registered tips E+W

(1) The Authority must monitor the stability, and threats to the stability, of each disused tip in the register.

(2) In order to perform its duty under subsection (1) ‍in relation to a tip which is a category 1 tip, the Authority—

(a) must inspect the tip within 6 months of the tip being recorded in the register as a category 1 tip, and

(b) must then inspect the tip—

(i) twice within the period of 12 months beginning with the day on which the inspection required by paragraph (a) is completed, and

(ii) twice within each subsequent period of 12 months.

(3) In order to perform its duty under subsection (1) in relation to a tip which is a category 2 tip, the Authority—

(a) must inspect the tip within 12 months of the tip being recorded in the register as a category 2 tip, and

(b) must then inspect the tip—

(i) once within the period of 12 months beginning with the day on which the inspection required by paragraph (a) is completed, and

(ii) once within each subsequent period of 12 months.

(4) The Authority may carry out any other monitoring activities (including additional inspections) that it considers appropriate in relation to a tip which is a category 1 tip or a category 2 tip.

(5) In order to perform its duty under subsection (1) in relation to a tip which is a category 3 tip or a category 4 tip, the Authority may carry out any inspections or other monitoring activities that it considers appropriate.

(6) The Welsh Ministers may by regulations amend subsection (2) or (3)—

(a) to change any period referred to for the time being in those subsections as the period within which an inspection or inspections (as the case may be) must be carried out;

(b) to change, in relation to any such period, the number of inspections which the Authority is required to carry out.

Commencement Information

I5 S. 10 not in force at Royal Assent, see s. 92(3)

CHAPTER 2 E+W ASSESSMENT OF DISUSED TIPS

General E+W

11 Overview E+W

This Chapter makes provision for the assessment of disused tips; in particular, it requires the Authority to carry out—

(a) a preliminary assessment of disused tips not in the register, to identify those tips that may need to be included in it;

(b) a full assessment of those tips identified by a preliminary assessment as ones that may need to be included in the register;

(c) in certain circumstances, a full assessment of tips already in the register.

Commencement Information

I6 S. 11 not in force at Royal Assent, see s. 92(3)

Preliminary assessment E+W

12 Meaning of “preliminary assessment” E+W

In this Chapter, “preliminary assessment” means an assessment of whether it appears that the criteria for registering a disused tip may be met.

Commencement Information

I7 S. 12 not in force at Royal Assent, see s. 92(3)

13 Preliminary assessments of all disused tips E+W

(1) The Authority must—

(a) carry out a preliminary assessment in relation to every disused tip, and

(b) produce‍ and publish a report of each assessment.

(2) The Authority may publish a report under subsection (1)(b) in a redacted form if the Authority considers it necessary to do so in order to avoid disclosing information contrary to any prohibition imposed by an enactment or other rule of law.

(3) The Authority must prepare a programme which sets out its proposed approach to, and proposed timetable for, carrying out the preliminary assessments required by this section.

(4) The Authority must send the programme to the Welsh Ministers for approval before the end of 12 months beginning with the coming into force of this section.

(5) The Welsh Ministers may approve the programme with or without modifications.

(6) The Authority must publish the programme as approved by the Welsh Ministers as soon as practicable.

(7) The Authority may revise the published programme with the approval of the Welsh Ministers.

(8) If the Authority revises the published programme, it must publish it in its revised form as soon as practicable after making the revision.

(9) In complying with subsection (1), the Authority must have regard to the most recent programme published by it under this section.

Commencement Information

I8 S. 13 not in force at Royal Assent, see s. 92(3)

14 Additional preliminary assessments E+W

(1) This section applies where a preliminary assessment has been carried out under this Chapter in relation to a disused tip that is not in the register, but the Authority considers that an additional preliminary assessment ought to be carried out in relation to the tip—

(a) because of a change in circumstances, or

(b) because information is available that was not taken into account when the previous assessment was carried out.

(2) The Authority must, as soon as practicable—

(a) carry out an additional preliminary assessment in relation to the tip, and

(b) produce‍ and publish a report of‍ the assessment.

(3) The Authority may publish a report under subsection (2)(b) in a redacted form if the Authority considers it necessary to do so in order to avoid disclosing information contrary to any prohibition imposed by an enactment or other rule of law.

Commencement Information

I9 S. 14 not in force at Royal Assent, see s. 92(3)

Full assessment E+W

15 Meaning of “full assessment” E+W

In this Chapter, “full assessment”, in relation to a disused tip, means an assessment of—

(a) the stability of the tip;

(b) matters affecting or with the potential to affect the stability of the tip (including any interdependencies between the tip and any other disused tip);

(c) whether any interdependencies between the tip and another disused tip could affect the stability of the other tip;

(d) whether the criteria for registration are met.

Commencement Information

I10 S. 15 not in force at Royal Assent, see s. 92(3)

16 Full assessment of unregistered tip E+W

(1) If, on the basis of a preliminary assessment under this Chapter, it appears to the Authority that the criteria for registering a disused tip may be met in relation to a disused tip that is not in the register, the Authority must—

(a) carry out a full assessment in relation to the tip, and

(b) produce‍ and publish a report of‍ the assessment.

(2) The Authority may publish a report under subsection (1)(b) in a redacted form if the Authority considers it necessary to do so in order to avoid disclosing information contrary to any prohibition imposed by an enactment or other rule of law.

Commencement Information

I11 S. 16 not in force at Royal Assent, see s. 92(3)

17 Full assessment of registered tip E+W

(1) This section applies where the Authority considers that an additional full assessment ought to be carried out in relation a disused tip already in the register—

(a) because of a change in circumstances, or

(b) because information is available that was not taken into account when a full assessment was last carried out in relation to the tip.

(2) The Authority must, as soon as practicable—

(a) carry out an additional full assessment in relation to the tip, and

(b) produce‍ and publish a report of‍ the assessment.

(3) The Authority may publish a report under subsection (2)(b) in a redacted form if the Authority considers it necessary to do so in order to avoid disclosing information contrary to any prohibition imposed by an enactment or other rule of law.

Commencement Information

I12 S. 17 not in force at Royal Assent, see s. 92(3)

18 Notice of intention to carry out full assessment E+W

(1) Before carrying out a full assessment in relation to a disused tip, the Authority must give a notice to every owner and every occupier of land to which access is required for the purposes of the assessment.

(2) The notice must—

(a) state that the Authority has arranged a full assessment in relation to the tip;‍

(b) explain that access to the land may be needed to carry out the assessment;

(c) specify the date on which access to the land may be needed (which must not be less than 14 days after the date on which the notice is given);

(d) state that the Authority may, unless the land is Crown land, apply for a warrant to enter the land under section 67 if access is refused.

Commencement Information

I13 S. 18 not in force at Royal Assent, see s. 92(3)

19 Notice of conclusions of full assessment E+W

Where the Authority produces a report of a full assessment in relation to a disused tip, it must, as soon as practicable, give notice of the conclusions of the report to every owner and every occupier of the land on which the tip is situated.

Commencement Information

I14 S. 19 not in force at Royal Assent, see s. 92(3)

CHAPTER 3 E+W REGISTERING AND DEREGISTERING DISUSED TIPS

20 Proposal to register tip E+W

(1) This section applies where a report of a full assessment under section 16 concludes that the criteria for registering a disused tip are met.

(2) The Authority must, as soon as practicable, give notice that it proposes to include the tip in the register (a “notice of proposed registration”) to—

(a) every owner and every occupier of the land on which the tip is situated, and

(b) any other person who, to the Authority’s knowledge, has an estate or interest in that land otherwise than as a mortgagee.

(3) A notice of proposed registration must—

(a) identify the disused tip;

(b) include a map showing the area of the tip;

(c) explain that the Authority is proposing to register the tip and its reasons for the proposal;

(d) specify the category the Authority is proposing for the tip and its reasons for the proposal;

(e) specify the period for making representations to the Authority about the proposal, which must be a period of at least 30 days beginning with the day after the day on which the notice is given;

(f) explain how a person may make representations.

(4) The Welsh Ministers may by regulations amend subsection (3)(e) to change the minimum period for making representations, but the amended period must not be less than 14 days.

Commencement Information

I15 S. 20 not in force at Royal Assent, see s. 92(3)

21 Decision on registration E+W

(1) This section applies where the period for making representations about a proposal to include a disused tip in the register has ended.

(2) The Authority must, as soon as practicable, decide whether it is satisfied that the criteria for registering the tip are met.

(3) In making its decision, the Authority must have regard to—

(a) the conclusions of the report of the full assessment mentioned in section 20, and

(b) any representations made about the proposal by a person who was given the notice of proposed registration.

(4) The Authority may also have regard to any other information it considers relevant.

(5) Where the Authority decides that the criteria for registration are met, it must include the tip in the register as soon as practicable.

(6) The Authority may register a disused tip otherwise than in accordance with the proposal in the notice of proposed registration if it considers it appropriate to do so.

(7) The Authority must give notice of a decision under this section (a “decision notice”) to—

(a) every owner and every occupier of the land on which the disused tip is situated,

(b) any other person who, to the Authority’s knowledge, has an estate or interest in that land otherwise than as a mortgagee, and

(c) any other person who was given the notice of proposed registration.

(8) A decision notice must—

(a) identify the disused tip;

(b) include a map showing the area of the tip;

(c) explain the Authority’s decision and its reasons for the decision;

(d) if the tip has been included in the register—

(i) specify the date on which tip was added to the register,

(ii) specify the tip’s category, and

(iii) where the tip has been registered otherwise than in accordance with the notice of proposed registration, explain any differences and the reasons for the differences.

Commencement Information

I16 S. 21 not in force at Royal Assent, see s. 92(3)

22 Proposal to remove tip from register E+W

(1) This section applies where a report of a full assessment under section 17 concludes that the criteria for registration are no longer met in relation to a disused tip in the register.

(2) The Authority must, as soon as practicable, give notice that it proposes to remove the tip from the register (a “notice of proposed deregistration”) to—

(a) every owner and every occupier of the land on which the tip is situated, and

(b) any other person who, to the Authority’s knowledge, has an estate or interest in that land otherwise than as a mortgagee.

(3) A notice of proposed deregistration must—

(a) identify the disused tip;

(b) include a map showing the area of the tip;

(c) explain that the Authority is proposing to remove the tip from the register and its reasons for the proposal;

(d) specify the period for making representations to the Authority about the proposal, which must be a period of at least 30 days beginning with the day after the day on which the notice is given;

(e) explain how a person may make representations.

(4) The Welsh Ministers may by regulations amend subsection (3)(d) to change the minimum period for making representations, but the amended period must not be less than 14 days.

Commencement Information

I17 S. 22 not in force at Royal Assent, see s. 92(3)

23 Decision on removal of tip from register E+W

(1) This section applies where the period for making representations about a proposal to remove a disused tip from the register has ended.

(2) The Authority must, as soon as practicable, decide whether it is satisfied that the criteria for registration are no longer met in relation to the tip.

(3) In making its decision, the Authority must have regard to—

(a) the conclusions of the report of the full assessment mentioned in section 22, and

(b) any representations made about the proposal by a person who was given the notice of proposed deregistration.

(4) The Authority may also have regard to any other information it considers relevant.

(5) Where the Authority decides that the criteria for registration are no longer met, it must remove the tip from the register as soon as practicable.

(6) The Authority must, as soon as practicable, give notice of a decision under this section (a “decision notice”) to—

(a) every owner and every occupier of the land on which the disused tip is situated,

(b) any other person who, to the Authority’s knowledge, has an estate or interest in that land otherwise than as a mortgagee, and

(c) any other person who was given the notice of proposed deregistration.

(7) A decision notice must—

(a) identify the disused tip;

(b) include a map showing the area of the tip;

(c) explain the Authority’s decision and its reasons for the decision;

(d) if the tip has been removed from the register, specify the date on which it was removed.

Commencement Information

I18 S. 23 not in force at Royal Assent, see s. 92(3)

CHAPTER 4 E+W THE CATEGORIES OF DISUSED TIP ETC.

24 Categories of disused tip E+W

(1) There are four categories in which a disused tip in the register may be placed under this Part: category 1, 2, 3 or 4.

(2) The four categories represent the different degrees to which disused tips cause the Authority concern, with—

(a) category 1 representing those disused tips causing the Authority most concern, and

(b) category 4 representing those disused tips causing the Authority the least concern,

on the basis of one or more of the matters in subsection (3).

(3) The matters are—

(a) the tip’s instability;

(b) the tip’s potential for instability;

(c) the threat to human welfare posed by the tip’s instability;

(d) the threat the tip could pose to human welfare in the event of instability.

Commencement Information

I19 S. 24 not in force at Royal Assent, see s. 92(3)

25 Statement of policy on categorisation E+W

(1) The Authority must publish a statement of its policy on the categorisation of disused tips.

(2) The Authority may revise the statement; but where it does so, it must publish the statement in its revised form as soon as practicable after making the revision.

(3) Before publishing the statement (including in a revised form), the Authority must consult such persons as it considers appropriate.

Commencement Information

I20 S. 25 not in force at Royal Assent, see s. 92(3)

26 Initial categorisation of a disused tip E+W

(1) This section applies in relation to—

(a) a proposal under section 20 to register a disused tip, and

(b) a decision under section 21 to register a disused tip.

(2) In proposing or deciding on a tip’s category, the Authority must—

(a) have regard to the report of the full assessment carried out under section 16 in relation to the tip, and

(b) follow the policy in the statement published under section 25.

(3) The Authority may have regard to any other information it considers relevant in proposing or deciding on a tip’s category.

Commencement Information

I21 S. 26 not in force at Royal Assent, see s. 92(3)

27 Reviews of categorisation E+W

(1) Where—

(a) the Authority carries out a full assessment under section 17 in relation to a disused tip in the register, and

(b) the report concludes that the criteria for registering the tip continue to be met,

the Authority must review the tip’s category as soon as practicable.

(2) The Authority may review a disused tip’s category at any other time.

(3) If the Authority considers, on a review, that a disused tip’s category ought to be changed, it must propose a different category for the tip as soon as practicable.

(4) In reviewing a disused tip’s category, and in proposing a different category for a disused tip, the Authority must—

(a) have regard to the report of the most recent full assessment carried out in relation to the tip, and

(b) follow the policy in the statement published under section 25.

(5) The Authority may have regard to any other information it considers relevant in reviewing a disused tip’s category, or in proposing a different category for a disused tip.

(6) See Chapter 5 for provision about the procedure to be followed by the Authority when proposing, and making, a change to the category for a disused tip.

Commencement Information

I22 S. 27 not in force at Royal Assent, see s. 92(3)

CHAPTER 5 E+W NOTIFIABLE CHANGES TO THE REGISTER

28 Meaning of “notifiable change” E+W

In this Chapter, “notifiable change” means—

(a) a change to the area shown as the area of a disused tip on a map in the register (see section 8(1)(a)), or

(b) a change to a disused tip’s category.

Commencement Information

I23 S. 28 not in force at Royal Assent, see s. 92(3)

29 Proposal to make notifiable change E+W

(1) If the Authority proposes to make a notifiable change in relation to a disused tip, it must give notice of the proposal (a “notice of a proposed change to the register”) to—

(a) every owner and every occupier of the land on which the tip is situated, and

(b) any other person who, to the Authority’s knowledge, has an estate or interest in that land otherwise than as a mortgagee.

(2) A notice of a proposed change to the register must—

(a) identify the disused tip;

(b) include a copy of the map in the register that shows the area of the tip;

(c) explain the change the Authority is proposing (which must, in the case of a change to the area of a tip shown on a map in the register, include a map showing the proposed revisions clearly marked);

(d) explain the Authority’s reasons for the proposal;

(e) specify the period for making representations to the Authority about the proposal, which must be a period of at least 30 days beginning with the day after the day on which the notice is given;

(f) explain how a person may make representations.

(3) The Welsh Ministers may by regulations amend subsection (2)(e) to change the minimum period for making representations, but the amended period must not be less than 14 days.

Commencement Information

I24 S. 29 not in force at Royal Assent, see s. 92(3)

30 Decision on notifiable change E+W

(1) This section applies where the period for making representations about a proposal to make a notifiable change has ended.

(2) The Authority must, as soon as practicable, decide whether to make the change.

(3) Where—

(a) the proposed change is a change to the map in the register showing the area of a disused tip, and

(b) the Authority considers that the change ought to be made in a modified form,

it may decide to make the change with any modifications it considers necessary.

(4) Where the proposed change is a change to a disused tip’s category, the Authority may decide to change the category to a category that is different from the proposed category.

(5) In making its decision under subsection (2), the Authority must have regard to any representations made by a person who was given notice of the proposal.

(6) The Authority may also have regard to any other information it considers relevant.

(7) Where the Authority decides to make a notifiable change, it must update the register to reflect its decision as soon as practicable.

(8) The Authority must give notice of its decision under subsection (2) (a “decision notice”) to—

(a) every owner and every occupier of the land on which the disused tip is situated,

(b) any other person who, to the Authority’s knowledge, has an estate or interest in that land otherwise than as a mortgagee, and

(c) any other person who was given notice of the proposed change to the register.

(9) A decision notice must—

(a) identify the disused tip;

(b) include a map showing the area of the tip;

(c) explain the Authority’s decision and its reasons for the decision;

(d) if a change has been made to the entry in the register for the tip, give the date on which the change was made.

Commencement Information

I25 S. 30 not in force at Royal Assent, see s. 92(3)

CHAPTER 6 E+W SUPPLEMENTARY PROVISION

31 Duty to compile and maintain list of all disused tips E+W

(1) The Authority must compile and maintain an electronic list of all disused tips in relation to which an assessment under section 13 (preliminary assessment of all disused tips) has been carried out.

(2) The Authority must include a disused tip in the list as soon as practicable after completing the assessment referred to in subsection (1) in relation to the tip.

(3) An entry in the list for a disused tip must include—

(a) the name or names by which the tip is commonly known (if any);

(b) the location of the tip;

(c) a unique identifier given by the Authority to the tip.

(4) The Authority must‍ publish the list.

Commencement Information

I26 S. 31 not in force at Royal Assent, see s. 92(3)

32 Duty to publish notices E+W

(1) Where a provision in Chapter 3 or 5 of this Part requires a notice to be given to a person, the Authority must publish the notice as soon as practicable after it is given.

(2) In complying with subsection (1), the Authority may publish a notice in a redacted form if it considers it necessary to do so in order to avoid disclosing information contrary to any prohibition imposed by an enactment or other rule of law.

Commencement Information

I27 S. 32 not in force at Royal Assent, see s. 92(3)

33 Compensation for damage or disturbance E+W

(1) This section applies where—

(a) an inspection or other monitoring activity is carried out under Chapter 1, or

(b) a preliminary assessment or a full assessment is carried out under Chapter 2.

(2) If, as a result of carrying out the inspection, activity or assessment—

(a) any land or other property is damaged, or

(b) any person’s enjoyment of any land is disturbed,

the persons referred to in subsection (3) are entitled to recover compensation from the Authority in respect of the damage or disturbance.

(3) The persons are—

(a) in the case of damage to land, any person with an estate or interest in the land;

(b) in the case of damage to other property, the owner of the property;

(c) in the case of disturbance to a person’s enjoyment of land, the person whose enjoyment of the land is disturbed.

(4) Any dispute arising on a claim for compensation under this section is to be determined by the court.

(5) Schedule 2 has effect in relation to certain claims for compensation under this section.

Commencement Information

I28 S. 33 not in force at Royal Assent, see s. 92(3)

34 Penalty for obstructing monitoring activities or assessments E+W

(1) A person who intentionally obstructs or interferes with—

(a) an inspection or other monitoring activity under Chapter 1, or

(b) a preliminary assessment or full assessment under Chapter 2,

commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

(3) A contravention of subsection (1) by the Crown does not make the Crown criminally liable (but see section 28(3) of the Legislation (Wales) Act 2019 (anaw 4) regarding the liability of persons in the service of the Crown).

Commencement Information

I29 S. 34 not in force at Royal Assent, see s. 92(3)