Disused Mine and Quarry Tips (Wales) Act 2025

Prospective

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

I1 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

I2 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

I3 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

I4 S. 23 not in force at Royal Assent, see s. 92(3)