Disused Mine and Quarry Tips (Wales) Act 2025

Prospective

PART 4 E+W SUPPLEMENTARY

Management plans for registered tips E+W

57 Management plans E+W

(1) The Authority must prepare and maintain a management plan for every disused tip in the register which is a category 1 tip or category 2 tip.

(2) The management plan for a disused tip to which subsection (1) applies must be prepared as soon as practicable after the tip is first recorded in the register as a category 1 tip or category 2 tip.

(3) The Authority may at any time prepare and maintain a management plan for a disused tip in the register which is a category 3 tip or category 4 tip.

(4) A management plan must set out—

(a) how the Authority intends to exercise its functions under this Act in relation to the tip (including details of any information or advice that it intends to give to owners or occupiers of land under section 3);

(b) information that the Authority considers may be relevant in an emergency involving the tip;

(c) information about the roles and responsibilities of the Authority and other public authorities in such an emergency;

(d) how the Authority intends to co-operate with those public authorities in such an emergency.

(5) A management plan may include any other information that the Authority considers appropriate.

Commencement Information

I1 S. 57 not in force at Royal Assent, see s. 92(3)

Information sharing E+W

58 Meaning of “relevant public authority” E+W

(1) In this Part, “relevant public authority” means—

(a) the Welsh Ministers;

(b) Natural Resources Wales;

(c) a council for a county or county borough in Wales;

(d) a National Park Authority for a National Park in Wales;

(e) the Coal Authority;

(f) a Fire and Rescue Authority for an area in Wales.

(2) In subsection (1)(f), “Fire and Rescue Authority” means a fire and rescue authority constituted under section 2 of the Fire and Rescue Services Act 2004 (c. 21), or a scheme to which section 4 of that Act applies.

(3) The Welsh Ministers may by regulations amend this section to change the definition of “relevant public authority”.

(4) Regulations under subsection (3) may not include a person within the scope of the definition unless the person is a devolved Welsh authority (within the meaning of section 157A(1)(a) of the Government of Wales Act 2006 (c. 32)).

Commencement Information

I2 S. 58 not in force at Royal Assent, see s. 92(3)

59 Authority’s power to require relevant public authorities to give information E+W

(1) A relevant public authority must give the Authority such information as the Authority requests for the purpose of exercising functions conferred by or under this Act.

(2) This section does not require or permit information to be given contrary to any prohibition imposed by an enactment or other rule of law.

(3) If a relevant public authority decides not to comply with a request under subsection (1), it must give the Authority its written reasons for the decision.

Commencement Information

I3 S. 59 not in force at Royal Assent, see s. 92(3)

60 Duties of Authority and relevant public authorities to share information E+W

(1) If, in exercising its functions, a relevant public authority—

(a) becomes aware of a threat to the stability of a disused tip, or evidence of a disused tip’s instability, and

(b) considers that the information ought to be shared with the Authority in the interests of avoiding or reducing a threat to human welfare,

the public authority must give the Authority the information as soon as practicable.

(2) If the Authority, in exercising its functions, becomes aware of something that it considers ought to be brought to the attention of a relevant public authority for the purpose of the public authority’s exercise of its functions, it must give the public authority the information as soon as practicable.

(3) This section does not require or permit information to be given contrary to any prohibition imposed by an enactment or other rule of law.

Commencement Information

I4 S. 60 not in force at Royal Assent, see s. 92(3)

61 Information about estates or interests in land E+W

(1) The Authority may give a notice to an occupier of land, or to a person who receives rent (either directly or indirectly) in respect of land, requiring the person to confirm in writing—

(a) the nature of the person’s estate or interest in the land, and

(b) if that person knows of another person who has an estate or interest in the land, the other person’s name and contact details (if known).

(2) In subsection (1)(b), “contact details”, in relation to a person, means the person’s address and any other information about how the person may be contacted.

(3) The Authority may not give a notice under this section unless it needs the information required by the notice to enable or assist it to exercise a function conferred by or under this Act.

(4) A notice under this section may require the information to be given within—

(a) 20 working days beginning with the first working day after the day the notice is given, or

(b) any longer period specified in the notice or agreed by the Authority.

(5) This section does not require or permit information to be given contrary to any prohibition imposed by an enactment or other rule of law.

(6) The Authority may not give a notice under this section to a relevant public authority.

(7) The Authority may not give a notice under this section to an appropriate Crown authority in respect of an estate or interest in Crown land which is not a private interest.

Commencement Information

I5 S. 61 not in force at Royal Assent, see s. 92(3)

62 Information about estates or interests in Crown land E+W

(1) This section applies to an estate or interest in Crown land which is not a private interest.

(2) The Authority may, for the purpose of enabling or assisting it to exercise a function conferred by or under this Act, request the appropriate Crown authority to confirm in writing—

(a) the nature of the estate or interest, and

(b) if the authority knows of another person who has an estate or interest in the land, the other person’s name and contact details (if known).

(3) In subsection (2)(b), “contact details”, in relation to a person, means the person’s address and any other information about how the person may be contacted.

(4) The appropriate Crown authority must comply with a request under subsection (2) except to the extent—

(a) that the information requested is not within the knowledge of the authority, or

(b) that do to so will disclose information about—

(i) national security, or

(ii) the measures taken, or to be taken, to ensure the security of any land or other property.

Commencement Information

I6 S. 62 not in force at Royal Assent, see s. 92(3)

63 Information to identify or assess threats to stability of a disused tip etc. E+W

(1) The Authority may give a notice (an “information notice”) to a person requiring the person to give the Authority information of a description specified in the notice, if the Authority—

(a) considers that information of that description will enable or assist it to identify or assess a threat to the stability of a disused tip, or to assess the stability of a disused tip, and

(b) has reason to believe that the information is in the person’s possession or under the person’s control.

(2) An information notice may require a person to give the information in a way and in a form specified in the notice.

(3) An information notice may require a person to give the information within—

(a) 20 working days beginning with the first working day after the day the notice is given, or

(b) any longer period specified in the notice or agreed by the Authority.

(4) This section does not require or permit information to be given contrary to any prohibition imposed by an enactment or other rule of law.

(5) The Authority may not give an information notice to a relevant public authority.

Commencement Information

I7 S. 63 not in force at Royal Assent, see s. 92(3)

64 Penalties in connection with notices requiring information E+W

(1) A person who is required to give information under section 61 or 63 commits an offence if the person fails, without reasonable excuse, to give the information.

(2) A person who is guilty of an offence under subsection (1) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(3) A person who is required to give information under section 61 or 63 commits an offence if the person, in purported compliance with the notice—

(a) gives information which is false or misleading in a material respect, and

(b) either—

(i) knows that the information is false or misleading, or

(ii) is reckless as to whether the information is false or misleading.

(4) A person who is guilty of an offence under subsection (3) is liable on summary conviction, or on conviction on indictment, to a fine.

(5) A contravention of subsection (1) or (3) by the Crown does not make the Crown criminally liable (but see section 28(3) of the Legislation (Wales) Act 2019 (anaw 4) regarding the liability of persons in the service of the Crown).

Commencement Information

I8 S. 64 not in force at Royal Assent, see s. 92(3)

Powers of entry E+W

65 Power to enter land E+W

(1) An authorised person may enter land for the purpose of doing any of the following things on behalf of the Authority—

(a) carrying out a preliminary assessment or a full assessment under Part 2;

(b) carrying out an inspection or other monitoring activity in relation to a tip registered under that Part;

(c) investigating whether operations need to be required or carried out under Part 3;

(d) investigating whether operations are being carried out in compliance with a notice given under section 35 of that Part;

(e) carrying out operations and consequential works of reinstatement under section 44 of that Part;

(f) inspecting any other activities that are being carried out on the land where those activities may affect the stability of a disused tip.

(2) An authorised person may, for the purposes mentioned in subsection (1)—

(a) take any other persons, equipment and material onto the land that may be necessary;

(b) leave equipment and material on the land.

(3) An authorised person may, for the purposes mentioned in subsection (1)—

(a) carry out inspections and examinations (including tests and surveys) on the land;

(b) take measurements and photographs and make recordings;

(c) take and remove samples from the land.

(4) In this Part, “authorised person” means a person authorised in writing by the Authority to act on its behalf.

Commencement Information

I9 S. 65 not in force at Royal Assent, see s. 92(3)

66 Entry to land without a warrant E+W

(1) An authorised person may not, under section 65, demand admission as of right to any land which is occupied unless at least 48 hours’ notice of the intended entry has been given to every occupier of the land.

(2) An authorised person may not, under section 65, demand as of right—

(a) to take other persons, equipment or material onto land which is occupied, or

(b) to leave equipment or material on the land,

unless at least 48 hours’ notice of the intention to do so (including details of the persons, equipment or material) has been given to every occupier of the land.

(3) Subsections (1) and (2) do not apply if the Authority believes—

(a) that a disused tip is unstable, and

(b) that the instability of the tip poses a threat to human welfare that requires immediate entry to the land for a purpose mentioned in section 65(1)(c) or (e).

(4) An authorised person may not, under section 65, demand admission as of right to residential land.

(5) An authorised person may demand admission as of right to land under section 65—

(a) only at a reasonable time, unless the condition in subsection (3) is satisfied;

(b) at any time, if that condition is satisfied.

(6) An authorised person must—

(a) if requested to do so by or on behalf of an owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land under section 65;

(b) if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.

(7) In this section—

• “land” (“tir”) does not include Crown land;

• “residential land” (“tir preswyl”) means so much of any land as consists of—

  (a)

  a dwelling or part of a dwelling,

  (b)

  a garden, yard, private garage or outhouse which is used and enjoyed wholly or mainly with a dwelling, or

  (c)

  in the case of a building which includes one or more dwellings, any part of the building which is used and enjoyed wholly or mainly with those dwellings or any of them.

(8) See section 70 for provision about entry to Crown land under section 65.

Commencement Information

I10 S. 66 not in force at Royal Assent, see s. 92(3)

67 Warrant to enter land E+W

(1) A justice of the peace may, on an application made by the Authority, issue a warrant conferring power on an authorised person to enter land, if necessary by force.

(2) A justice of the peace may issue a warrant only if satisfied, on sworn information in writing—

(a) that there are reasonable grounds for entering the land for a purpose mentioned in section 65(1), and

(b) that one or more of the conditions in subsection (3) is met.

(3) The conditions are—

(a) that it has not been possible to give notice under section 66 to every occupier of the land, despite reasonable efforts to do so;

(b) that entry to the land has been refused or obstructed or that a refusal or obstruction is reasonably expected;

(c) that it is necessary for the authorised person to enter residential land.

(4) For the purposes of subsection (3)(b), entry to land is to be treated as having been refused if no reply is received to a request or demand for admission within a reasonable period.

(5) If a justice of the peace is satisfied, on sworn information in writing, that it is necessary for the authorised person, for a purpose mentioned in section 65(1)—

(a) to take other persons, equipment or material on the land, or

(b) to leave equipment or material on the land,

the warrant may also confer power on the authorised person to do those things; and if the warrant does so, it must include details of the persons, equipment or material.

(6) A warrant issued under subsection (1) may confer power on the authorised person—

(a) to carry out inspections and examinations (including tests and surveys) on the land;

(b) to take measurements and photographs and make recordings;

(c) to take and remove samples from the land.

(7) A warrant issued under this section continues in force until the purpose for which it is issued has been fulfilled.

(8) In this section--

• “land” (“tir”) does not include Crown land;

• “residential land” (“tir preswyl”) has the meaning given by section 66(7).

Commencement Information

I11 S. 67 not in force at Royal Assent, see s. 92(3)

68 Entry to land with a warrant E+W

(1) A warrant under section 67 may confer a power to enter land only at a reasonable time.

(2) But subsection (1) does not apply if the justice of the peace issuing the warrant is satisfied, on sworn information in writing—

(a) that a disused tip is unstable, and

(b) that the instability of the tip poses a threat to human welfare that requires immediate entry to the land, if necessary by force, for a purpose mentioned in section 65(1)(c) or (e).

(3) A person authorised by a warrant under section 67 to enter land must—

(a) if requested to do so by or on behalf of an owner or occupier of the land, produce the warrant and state the purpose of the entry before entering the land;

(b) if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.

Commencement Information

I12 S. 68 not in force at Royal Assent, see s. 92(3)

69 Penalty for obstructing entry to land E+W

(1) This section applies where a power to enter land is conferred on a person by section 65(1) or by a warrant issued under section 67(1).

(2) A person who intentionally obstructs the exercise of the power commits an offence.

(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(4) A contravention of subsection (2) by the Crown does not make the Crown criminally liable (but see section 28(3) of the Legislation (Wales) Act 2019 (anaw 4) regarding the liability of persons in the service of the Crown).

Commencement Information

I13 S. 69 not in force at Royal Assent, see s. 92(3)

70 Entry to Crown land E+W

(1) An authorised person may not enter Crown land under section 65 unless—

(a) the appropriate Crown authority has given the authorised person permission to do so, or

(b) the Authority believes—

(i) that a disused tip is unstable, and

(ii) that the tip’s instability poses a threat to human welfare that requires immediate entry to the land for a purpose mentioned in section 65(1)(c) or (e).

(2) In the circumstances mentioned in subsection (1)(b), the authorised person may—

(a) demand admission as of right to the land, and

(b) demand as of right—

(i) to take other persons, equipment or material onto the land, and

(ii) to leave equipment or material on the land.

(3) But the authorised person may not demand admission as of right to any part of Crown land that is residential land.

(4) If an authorised person enters Crown land in the circumstances mentioned in subsection (1)(b) without the permission of the appropriate Crown authority, the Authority must inform the appropriate Crown authority as soon as reasonably practicable.

(5) An authorised person must—

(a) if requested to do so by or on behalf of an owner or occupier of Crown land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land under section 65;

(b) if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it.

(6) In this section, “residential land” has the same meaning as in section 66(7).

Commencement Information

I14 S. 70 not in force at Royal Assent, see s. 92(3)

Miscellaneous E+W

71 Duty to establish and maintain a website or other electronic facility E+W

The Authority must establish and maintain a website, or other electronic facility (such as a software application), which the public can access without charge.

Commencement Information

I15 S. 71 not in force at Royal Assent, see s. 92(3)

72 Publication E+W

Where this Act requires the Authority to publish anything—

(a) it must be published on the website, or other electronic facility, established and maintained under section 71, and

(b) it may also be published in any other manner the Authority considers appropriate.

Commencement Information

I16 S. 72 not in force at Royal Assent, see s. 92(3)

73 Provision of administrative, technical or professional services E+W

(1) The Authority may provide administrative, professional or technical services to any devolved Welsh authority (within the meaning of section 157A of the Government of Wales Act 2006 (c. 32)).

(2) The Authority may charge a fee for providing a service under subsection (1).

Commencement Information

I17 S. 73 not in force at Royal Assent, see s. 92(3)

74 Guidance‍ E+W

(1) The Welsh Ministers must give guidance to the Authority in relation to the exercise of its functions under—

(a) section 3(4) (Authority’s power to charge fees);

(b) section 10 (Authority’s duty to monitor registered tips);

(c) Chapter 2 of Part 2 (preliminary and full assessment of tips by the Authority);

(d) section 33 (compensation for damage or disturbance caused by monitoring or assessment activity);

(e) Chapter 3 of Part 3 (payments in connection with operations);

(f) section 57 (management plans).

(2) The Welsh Ministers may give guidance to the Authority in relation to the exercise of any of its other functions under this Act.

(3) The Authority must have regard to guidance given under subsection (1) or (2) in exercising its functions.‍

(4) The Welsh Ministers must give guidance to a person appointed to determine—

(a) an application under section 38 (application to vary or cancel notice requiring owner to carry out operations), or

(b) an application under section 43 (application for reimbursement of owner’s expenditure where notice to carry out operations is cancelled).

(5) A person appointed to determine an application referred to in subsection (4) must, in exercising functions conferred on the person by or under this Act, have regard to guidance given under that subsection.

(6) Before giving guidance under this section, the Welsh Ministers must consult such persons as they consider appropriate.

Commencement Information

I18 S. 74 not in force at Royal Assent, see s. 92(3)

75 Amendments to the Mines and Quarries (Tips) Act 1969 E+W

(1) The Mines and Quarries (Tips) Act 1969 (c. 10) is amended as follows.

(2) In the heading of Part 2 (prevention of public danger from disused tips), after “tips” insert “: England and Scotland”.

(3) In section 11 (local authorities having functions under Part 2)—

(a) in the heading, after “local authorities” insert “in England and Scotland”;

(b) in subsection (1), after “local authorities” insert “in England and Scotland”;

(c) in subsection (3), omit paragraph (aa).

(4) In section 36 (interpretation of Part 2)—

(a) in subsection (1), in the definition of “Ministers”, omit “, the Secretary of State for Wales”;

(b) in subsection (4), omit paragraph (b).

Commencement Information

I19 S. 75 not in force at Royal Assent, see s. 92(3)