Disused Mine and Quarry Tips (Wales) Act 2025

CHAPTER 4 THE CATEGORIES OF DISUSED TIP ETC.

24 Categories of disused tip

(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.

25 Statement of policy on categorisation

(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.

26 Initial categorisation of a disused tip

(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.

27 Reviews of categorisation

(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.