Disused Mine and Quarry Tips (Wales) Act 2025

PART 5 E+W GENERAL

Offences E+W

76 Offences by bodies corporate E+W

(1) This section applies where an offence in this Act, or in regulations made under it, committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—

(a) a senior officer of the body, or

(b) a person who was purporting to be a senior officer of the body.

(2) The senior officer or person (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.

(3) In this section, “senior officer” means a director, secretary or other similar officer of the body corporate.

(4) But in the case of a body corporate whose affairs are managed by its members, “director” means a member of the body.

Commencement Information

I1 S. 76 in force at 12.9.2025, see s. 92(1)

77 Bringing proceedings E+W

Proceedings in respect of an offence in this Act, or in regulations made under it, may not be brought otherwise than by the Authority or by or with the consent of the Director of Public Prosecutions.

Commencement Information

I2 S. 77 in force at 12.9.2025, see s. 92(1)

Regulations E+W

78 Power to make consequential, transitional etc. provision E+W

(1) If the Welsh Ministers consider it necessary or appropriate for the purposes of, in consequence of, or for giving full effect to, any provision of this Act, they may by regulations make—

(a) supplementary, incidental or consequential provision;

(b) transitional or saving provision.

(2) Regulations under subsection (1) may modify any enactment (whenever enacted or made, and including this Act).

(3) In subsection (2), “modify” includes amend, revoke and repeal.

Commencement Information

I3 S. 78 in force at 12.9.2025, see s. 92(1)

79 Regulations under this Act E+W

(1) A power to make regulations under this Act is exercisable by statutory instrument.

(2) A power to make regulations under this Act includes—

(a) power to make different provision for different purposes;

(b) power to make—

(i) supplementary, incidental or consequential provision;

(ii) transitional or saving provision.

(3) A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

(4) Subsection (3) applies to a statutory instrument containing regulations under any of the following provisions—

(a) section 10(5) (change to minimum number or period of inspections for category 1 tips or category 2 tips);

(b) section 20(4), section 22(4) or section 29(3) (change to minimum period for making representations to the Authority);

(c) section 40 (procedure etc. for appeals under Chapter 1 of Part 3);

(d) section 43 (procedure etc. for claims for reimbursement of owners’ expenses under Chapter 1 of Part 3);

(e) section 58 (change to meaning of “relevant public authority” in Part 4);

(f) section 85 (application of Act to land owned by the Authority);

(g) section 86 (change to meaning of “disused tip”);

(h) paragraph 2(4) of Schedule 1 (change to the number of members of the Authority);

(i) paragraph 19(11) of Schedule 1 (change to the period to which the Authority’s corporate plan relates).

(5) Subsection (3) also applies to a statutory instrument containing regulations under section 78 that modify any provision of primary legislation.

(6) Any other statutory instrument containing regulations under this Act is subject to annulment in pursuance of a resolution of Senedd Cymru.

(7) In this section, “primary legislation” means any of the following—

(a) an Act of Senedd Cymru;

(b) an Assembly Measure;

(c) an Act of the Parliament of the United Kingdom.

Commencement Information

I4 S. 79 in force at 12.9.2025, see s. 92(1)

Giving notices and other documents E+W

80 General provision about giving notices etc. E+W

(1) This section applies where a provision of this Act, or of regulations made under it, requires or authorises a notice or other document to be given to a person (whether the provision uses the expression “give” or any other expression).

(2) The document may be given by—

(a) handing it to the person,

(b) leaving it at the person’s proper address,

(c) sending it by post to the person at that address, or

(d) sending it by email to the person’s email address.

(3) A document is given in accordance with subsection (2)(a)—

(a) if the person is a body corporate, by handing it to an officer of the body,

(b) if the person is a partnership, by handing it to a partner, or

(c) if the person is an unincorporated association other than a partnership, by handing it to a member of the governing body of the association.

(4) For the purposes of subsection (2)(b) and (c), the proper address of a person is—

(a) in the case of a body corporate, the address of the body’s registered or principal office in the United Kingdom;

(b) in the case of a partnership, the address of the principal office of the partnership in the United Kingdom;

(c) in any other case, the last known address of the person (whether of the person’s residence or of a place where the person carries on business or is employed) or, if the person has provided an address at which documents may be given under this Act, that address.

(5) For the purposes of subsection (2)(d), a person’s email address is—

(a) any email address published for the time being by that person as an address for contacting that person, or

(b) if there is no such published address, any email address at which the person has agreed to receive documents or has agreed to receive the document.

(6) In this section—

• “agreed” (“wedi cytuno”) means agreed in writing;

• “officer” (“swyddog”), in relation to a body corporate, means a director, manager, secretary or other similar officer of the body.

(7) Sections 231 and 233 of the Local Government Act 1972 (c. 70) do not apply to documents to be given to or by a local authority under this Act.

(8) This section does not apply where a provision of this Act, or of regulations made under it, requires or authorises a notice or other document to be given to the Crown.

Commencement Information

I5 S. 80 in force at 12.9.2025, see s. 92(1)

81 Additional provision about giving notices etc. to persons occupying or interested in land E+W

(1) This section applies (in addition to section 80) where a provision of this Act, or of regulations made under it, requires or authorises a notice or other document to be given—

(a) to a person as having an estate or interest in land, or

(b) to a person as an occupier of land,

(whether the provision uses the expression “give” or any other expression).

(2) Where—

(a) the document is to be given to a person as having an estate or interest in land, and

(b) the name of the person cannot be discovered after making reasonable inquiries,

the document may be addressed to the person as “the owner” of the land (which must be described).

(3) Where the document is to be given to a person as being the occupier of land, it may be addressed to the person by name or as “the occupier” of the land (which must be described).

(4) Subsection (5) applies—

(a) where—

(i) a document is to be given to a person as having an estate or interest in land, and

(ii) the person’s proper address (within the meaning of section 80) cannot be discovered after making reasonable inquiries;

(b) where a document is to be given to a person as being the occupier of land.

(5) The document is to be treated as having been properly given if it is addressed to the person, clearly marked as an important communication affecting the person’s land, and is—

(a) sent to the land by post and not returned as undelivered,

(b) handed to a person who is, or appears to be, resident or employed on the land, or

(c) attached conspicuously to an object on the land.

(6) This section does not apply where a provision of this Act, or of regulations made under it, requires or authorises a notice or other document to be given to the Crown.

Commencement Information

I6 S. 81 in force at 12.9.2025, see s. 92(1)

82 Giving notices etc. to the Crown E+W

Where a provision of this Act, or of regulations made under it, requires or authorises a notice or other document to be given to the Crown (whether the provision uses the expression “give” or any other expression), the document must be given to the appropriate Crown authority.

Commencement Information

I7 S. 82 in force at 12.9.2025, see s. 92(1)

Special cases E+W

83 Raising of money in particular cases to meet expenditure E+W

(1) This section has effect with respect to the raising of money in particular cases for the payment of—

(a) expenses incurred in carrying out operations in pursuance of a notice under section 35 and in carrying out any consequential works of reinstatement;

(b) compensation recoverable under section 50 and referable to any such operations or works of reinstatement;

(c) sums recoverable under section 51 or 53.

(2) In this section, “relevant expenditure” means any expenses, compensation or sums referred to in subsection (1)(a) to (c).

(3) The purposes authorised for the application of capital moneys by section 73 of the Settled Land Act 1925 (c. 18) include the payment of any relevant expenditure.

(4) The purposes authorised for raising moneys by mortgage by section 71 of the Settled Land Act 1925 include the payment of any relevant expenditure.

(5) The purposes authorised by section 25 of the Duchy of Lancaster Act 1817 (c. 97) for the application of moneys arising by such sale of annuities standing in the name or to the account of the Duchy of Lancaster as is mentioned in that section include the payment of any relevant expenditure.

(6) The purposes authorised by section 8 of the Duchy of Cornwall Management Act 1863 (c. 49) for the advancement of parts of such gross sums as are mentioned in that section include the payment of any relevant expenditure.

Commencement Information

I8 S. 83 in force at 12.9.2025, see s. 92(1)

84 Church of England land E+W

(1) Where a provision of this Act, or of regulations made under it, requires or authorises a notice or other document to be given to a person as occupier of, or owner of an estate or interest in, land which is Church of England land, a copy of the document must also be given to the appropriate Diocesan Board of Finance.

(2) Compensation payable under section 33 or 50 to a person by virtue of the person having the freehold estate in land which is Church of England land must (where the estate is vested in a person other than the appropriate Diocesan Board of Finance)—

(a) be paid to the appropriate Diocesan Board of Finance, and

(b) be applied by that Board for the purposes for which the proceeds of a sale by agreement of the land would be applicable under any enactment or Church Measure authorising, or disposing of the proceeds of, such a sale.

(3) Where Church of England land is vested in the incumbent of an ecclesiastical benefice which is vacant, the land is to be treated for the purposes of this Act as being vested in the appropriate Diocesan Board of Finance.

(4) Where—

(a) subsection (3) does not apply, and

(b) a person is liable to pay a sum under this Act, either as owner or as a contributory, by virtue of the freehold estate in land belonging to an ecclesiastical benefice being vested in the person,

the appropriate Diocesan Board of Finance may apply any sums held by it in discharging the whole or any part of that liability.

(5) In this section—

• “appropriate Diocesan Board of Finance” (“Bwrdd Cyllid Esgobaethol priodol”), in relation to any land, means the Diocesan Board of Finance for the diocese in which the land is situated;

• “Church of England land” (“tir Eglwys Loegr”) means land which—

  (a)

  belongs to an ecclesiastical benefice,

  (b)

  is or forms part of a church subject to the jurisdiction of a bishop of a diocese of the Church of England or the site of such a church, or

  (c)

  is or forms part of a burial ground subject to the jurisdiction of such a bishop;

• “Church Measure” (“Mesur gan Eglwys Loegr”) means a Measure of the Church Assembly or the General Synod of the Church of England;

• “ecclesiastical benefice” (“bywoliaeth eglwysig”) means an ecclesiastical benefice of the Church of England.

Commencement Information

I9 S. 84 in force at 12.9.2025, see s. 92(1)

85 Power to modify application of Act to Authority land E+W

The Welsh Ministers may, by regulations, modify the application of this Act in relation to land in which the Authority has an estate or interest.

Commencement Information

I10 S. 85 in force at 12.9.2025, see s. 92(1)

Interpretation E+W

86 Meaning of “tip” and “disused tip” E+W

(1) In this Act, “tip” means an accumulation or deposit of waste (whatever its form or composition) from a mine or quarry other than an accumulation or deposit situated underground.

(2) Any wall or other structure (whether or not composed entirely or partially of waste) which retains or confines a tip is to be treated for the purposes of this Act as forming part of the tip.

(3) In this Act, “disused tip” means a tip situated wholly or partly in Wales other than one to which the Quarries Regulations 1999 (S.I. 1999/2024) or the Mines Regulations 2014 (S.I. 2014/3248) applies.

(4) If either of the Regulations mentioned in subsection (3) is revoked or amended, the Welsh Ministers may amend this section by regulations to change the definition of “disused tip”.

(5) The Welsh Ministers may by regulations provide that a tip of a description prescribed by the regulations is not to be treated, despite subsection (3), as a disused tip for the purpose of this Act or any provision of this Act specified by the regulations.

(6) Before making regulations under subsection (5), the Welsh Ministers must consult such persons as they consider appropriate.

Commencement Information

I11 S. 86 in force at 12.9.2025, see s. 92(1)

87 Meaning of “threat to human welfare” E+W

For the purposes of this Act, a threat to human welfare exists where there is a possibility of—

(a) loss of human life,

(b) serious human illness or injury,

(c) serious damage to property,

(d) serious disruption of a supply of food, water, energy or fuel,

(e) serious disruption of a system of communication,

(f) serious disruption of facilities for transport, or

(g) serious disruption of services relating to health.

Commencement Information

I12 S. 87 in force at 12.9.2025, see s. 92(1)

88 Meaning of “owner” E+W

In this Act, “owner”, in relation to any land, means the person who has a legal estate in the land which—

(a) is either the freehold estate or a tenancy for a specific term which has at least a year left to run and is not a mortgage term, and

(b) is not in reversion expectant on the termination of such a tenancy.

Commencement Information

I13 S. 88 in force at 12.9.2025, see s. 92(1)

89 Definitions relating to the Crown E+W

(1) This section applies for the purposes of this Act.

(2) “Crown land” means land in which there is a Crown interest or a Duchy interest.

(3) “Crown interest” means an estate or interest which—

(a) belongs to His Majesty in right of the Crown or in right of His private estates, or

(b) belongs to a government department or is held in trust for His Majesty for the purposes of a government department.

(4) “Duchy interest” means an estate or interest which—

(a) belongs to His Majesty in right of the Duchy of Lancaster, or

(b) belongs to the Duchy of Cornwall.

(5) “Private interest”, in relation to Crown land, means an estate or interest which is neither a Crown interest nor a Duchy interest.

(6) “Appropriate Crown authority”—

(a) in relation to Crown land, means—

(i) in the case of land that belongs to His Majesty in right of the Crown and forms part of the Crown Estate, the Crown Estate Commissioners;

(ii) in relation to any other land that belongs to His Majesty in right of the Crown, the government department having the management of the land;

(iii) in relation to land that belongs to His Majesty in right of His private estates, a person appointed by His Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Welsh Ministers;

(iv) in relation to land that belongs to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(v) in relation to land that belongs to the Duchy of Cornwall, a person appointed by the Duke of Cornwall or by the possessor for the time being of the Duchy;

(vi) in the case of land that belongs to a government department or is held in trust for His Majesty for the purposes of a government department, the department;

(b) in any other case, the Treasury.

(7) “The Crown” is to be treated as including the Senedd Commission.

(8) Any question that arises about who is the appropriate Crown authority in relation to any land must be referred to the Treasury, whose decision is final.

(9) In this section—

(a) references to His Majesty’s private estates are to be read in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37);

(b) references to a government department include a Minister of the Crown and the Senedd Commission (and see section 85 of the Government of Wales Act 2006 (c. 32), which provides for references to a government department to include the Welsh Ministers, the First Minister and the Counsel General).

Commencement Information

I14 S. 89 in force at 12.9.2025, see s. 92(1)

90 General interpretation E+W

In this Act—

• “the court” (“y llys”) means the High Court or the county court.

• “operations” (“gweithrediadau”) includes, but is not limited to, building and engineering operations.

Commencement Information

I15 S. 90 in force at 12.9.2025, see s. 92(1)

91 Index of defined terms E+W

The Table below lists terms that are defined or otherwise explained in this Act.

TABLE

Terms	Provision
appropriate Crown authority (“awdurdod priodol y Goron”)	section 89(6)
authorised person (“person awdurdodedig”)	section 65(4)
the Authority (“yr Awdurdod”)	section 1(2)
category (“categori”)	section 24
contribution order (“gorchymyn cyfrannu”)	section 49
contributory (“cyfrannydd”)	section 49
the court (“y llys”)	section 90
criteria for registration (“y meini prawf ar gyfer cofrestru”)	section 7
the Crown (“y Goron”)	section 89(7)
Crown land (“tir y Goron”)	section 89(2)
disused tip (“tomen nas defnyddir”)	section 86(3)
executive members (“aelodau gweithredol”)	Schedule 1, paragraph 2(3)(b)
full assessment (“asesiad llawn”)	section 15
management plan (“cynllun rheoli”)	Section 57
non-executive members (“aelodau anweithredol”)	Schedule 1, paragraph 2(3)(a)
notifiable change (“newid hysbysadwy”)	section 28
operations (“gweithrediadau”)	section 90
owner (“perchennog”)	section 88
preliminary assessment (“asesiad rhagarweiniol”)	section 12
private interest (“buddiant preifat”)	section 89(5)
the register (“y gofrestr”)	section 6(3)
relevant public authority (“awdurdod cyhoeddus perthnasol”)	section 58
residential land (“tir preswyl”)	section 66(7)
the specified percentage (“y ganran benodedig”)	section 49
threat to human welfare (“bygythiad i les pobl”)	section 87
tip (“tomen”)	section 86(1)

Commencement Information

I16 S. 91 in force at 12.9.2025, see s. 92(1)

Miscellaneous E+W

92 Coming into force E+W

(1) This Part comes into force on the day after the day on which this Act receives Royal Assent.

(2) Sections 1, 2 and 5 and Schedule 1 come into force on 1 April 2027.

(3) The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(4) An order under subsection (3) may make transitional or saving provision.

Commencement Information

I17 S. 92 in force at 12.9.2025, see s. 92(1)

93 Short title E+W

This Act may be referred to as—

(a) the Disused Mine and Quarry Tips (Wales) Act 2025, or

(b) Deddf Tomenni Mwyngloddiau a Chwareli Nas Defnyddir (Cymru) 2025.

Commencement Information

I18 S. 93 in force at 12.9.2025, see s. 92(1)