PART 2ASSESSMENT, REGISTRATION AND MONITORING OF DISUSED TIPS

CHAPTER 1REGISTER OF DISUSED TIPS

Monitoring registered tips

10Duty to monitor registered tips

(1)

The Authority must monitor the stability, and threats to the stability, of each disused tip in the register.

(2)

In order to perform its duty under subsection (1) ‍in relation to a tip which is a category 1 tip, the Authority—

(a)

must inspect the tip within 6 months of the tip being recorded in the register as a category 1 tip, and

(b)

must then inspect the tip—

(i)

twice within the period of 12 months beginning with the day on which the inspection required by paragraph (a) is completed, and

(ii)

twice within each subsequent period of 12 months.

(3)

In order to perform its duty under subsection (1) in relation to a tip which is a category 2 tip, the Authority—

(a)

must inspect the tip within 12 months of the tip being recorded in the register as a category 2 tip, and

(b)

must then inspect the tip—

(i)

once within the period of 12 months beginning with the day on which the inspection required by paragraph (a) is completed, and

(ii)

once within each subsequent period of 12 months.

(4)

The Authority may carry out any other monitoring activities (including additional inspections) that it considers appropriate in relation to a tip which is a category 1 tip or a category 2 tip.

(5)

In order to perform its duty under subsection (1) in relation to a tip which is a category 3 tip or a category 4 tip, the Authority may carry out any inspections or other monitoring activities that it considers appropriate.

(6)

The Welsh Ministers may by regulations amend subsection (2) or (3)—

(a)

to change any period referred to for the time being in those subsections as the period within which an inspection or inspections (as the case may be) must be carried out;

(b)

to change, in relation to any such period, the number of inspections which the Authority is required to carry out.