Disused Mine and Quarry Tips (Wales) Act 2025

CHAPTER 2 ASSESSMENT OF DISUSED TIPS

General

11 Overview

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.

Preliminary assessment

12 Meaning of “preliminary assessment”

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

13 Preliminary assessments of all disused tips

(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.

14 Additional preliminary assessments

(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.

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.