Disused Mine and Quarry Tips (Wales) Act 2025

CHAPTER 1 REGISTER OF DISUSED TIPS

The register

6 Duty to compile and maintain register

(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).

7 The criteria for registration

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.

8 Content of the register

(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.

9 Public access to the register

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

Monitoring registered tips

10 Duty to monitor registered tips

(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.