Disused Mine and Quarry Tips (Wales) Act 2025 (asc4)

Prospective

PART 4 E+W SUPPLEMENTARY

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

I1 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

I2 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

I3 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

I4 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

I5 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

I6 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

I7 S. 64 not in force at Royal Assent, see s. 92(3)