Disused Mine and Quarry Tips (Wales) Act 2025

Full assessment

15 Meaning of “full assessment”

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.

16 Full assessment of unregistered tip

(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.

17 Full assessment of registered tip

(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.

18 Notice of intention to carry out full assessment

(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.

19 Notice of conclusions of full assessment

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.