Disused Mine and Quarry Tips (Wales) Act 2025

74 Guidance‍

(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.