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Disused Mine and Quarry Tips (Wales) Act 2025

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Disused Mine and Quarry Tips (Wales) Act 2025 is up to date with all changes known to be in force on or before 24 November 2025. There are changes that may be brought into force at a future date. Help about Changes to Legislation

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  1. Introductory Text

  2. PART 1 THE DISUSED TIPS AUTHORITY FOR WALES

    1. Establishment and exercise of functions

      1. 1.The Disused Tips Authority for Wales

      2. 2.The Authority’s exercise of its functions

    2. General functions

      1. 3.Information, advice and assistance

      2. 4.Financial assistance

      3. 5.Ancillary powers

  3. PART 2 ASSESSMENT, REGISTRATION AND MONITORING OF DISUSED TIPS

    1. CHAPTER 1 REGISTER OF DISUSED TIPS

      1. The register

        1. 6.Duty to compile and maintain register

        2. 7.The criteria for registration

        3. 8.Content of the register

        4. 9.Public access to the register

      2. Monitoring registered tips

        1. 10.Duty to monitor registered tips

    2. CHAPTER 2 ASSESSMENT OF DISUSED TIPS

      1. General

        1. 11.Overview

      2. Preliminary assessment

        1. 12.Meaning of “preliminary assessment”

        2. 13.Preliminary assessments of all disused tips

        3. 14.Additional preliminary assessments

      3. Full assessment

        1. 15.Meaning of “full assessment”

        2. 16.Full assessment of unregistered tip

        3. 17.Full assessment of registered tip

        4. 18.Notice of intention to carry out full assessment

        5. 19.Notice of conclusions of full assessment

    3. CHAPTER 3 REGISTERING AND DEREGISTERING DISUSED TIPS

      1. 20.Proposal to register tip

      2. 21.Decision on registration

      3. 22.Proposal to remove tip from register

      4. 23.Decision on removal of tip from register

    4. CHAPTER 4 THE CATEGORIES OF DISUSED TIP ETC.

      1. 24.Categories of disused tip

      2. 25.Statement of policy on categorisation

      3. 26.Initial categorisation of a disused tip

      4. 27.Reviews of categorisation

    5. CHAPTER 5 NOTIFIABLE CHANGES TO THE REGISTER

      1. 28.Meaning of “notifiable change”

      2. 29.Proposal to make notifiable change

      3. 30.Decision on notifiable change

    6. CHAPTER 6 SUPPLEMENTARY PROVISION

      1. 31.Duty to compile and maintain list of all disused tips

      2. 32.Duty to publish notices

      3. 33.Compensation for damage or disturbance

      4. 34.Penalty for obstructing monitoring activities or assessments

  4. PART 3 DEALING WITH TIP INSTABILITY AND THREATS TO TIP STABILITY

    1. CHAPTER 1 REQUIRING AN OWNER OF LAND TO CARRY OUT OPERATIONS

      1. 35.Notice requiring owner of land to carry out operations

      2. 36.Owner’s right of entry onto land etc.

      3. 37.Duty to give interested parties copies of notice

      4. 38.Right of owner and interested parties to appeal against notice

      5. 39.Determination of appeals

      6. 40.Supplementary provision about appeals

      7. 41.Penalty for failure to comply with notice

      8. 42.Power to cancel notice

      9. 43.Reimbursement of owner’s expenses on cancellation of notice

    2. CHAPTER 2 OPERATIONS CARRIED OUT BY THE AUTHORITY

      1. 44.Authority’s power to carry out operations

      2. 45.Authority’s right to remove and dispose of property

      3. 46.Duty to give notice to owners

      4. 47.Duty to give interested parties copies of notice

    3. CHAPTER 3 PAYMENTS IN CONNECTION WITH OPERATIONS

      1. 48.Contribution orders

      2. 49.Meaning of “contribution order”, “contributory” and “the specified percentage”

      3. 50.Compensation for damage, loss or disturbance etc.

      4. 51.Owner’s right to recover expenses from contributory

      5. 52.Right of contributory to appeal against owner’s demand

      6. 53.Authority’s right to recover certain expenses

      7. 54.Right to appeal against Authority’s demand

    4. CHAPTER 4 SUPPLEMENTARY PROVISION

      1. 55.Power to carry out investigations

      2. 56.Penalty for obstructing operations etc.

  5. PART 4 SUPPLEMENTARY

    1. Management plans for registered tips

      1. 57.Management plans

    2. Information sharing

      1. 58.Meaning of “relevant public authority”

      2. 59.Authority’s power to require relevant public authorities to give information

      3. 60.Duties of Authority and relevant public authorities to share information

      4. 61.Information about estates or interests in land

      5. 62.Information about estates or interests in Crown land

      6. 63.Information to identify or assess threats to stability of a disused tip etc.

      7. 64.Penalties in connection with notices requiring information

    3. Powers of entry

      1. 65.Power to enter land

      2. 66.Entry to land without a warrant

      3. 67.Warrant to enter land

      4. 68.Entry to land with a warrant

      5. 69.Penalty for obstructing entry to land

      6. 70.Entry to Crown land

    4. Miscellaneous

      1. 71.Duty to establish and maintain a website or other electronic facility

      2. 72.Publication

      3. 73.Provision of administrative, technical or professional services

      4. 74.Guidance‍

      5. 75.Amendments to the Mines and Quarries (Tips) Act 1969

  6. PART 5 GENERAL

    1. Offences

      1. 76.Offences by bodies corporate

      2. 77.Bringing proceedings

    2. Regulations

      1. 78.Power to make consequential, transitional etc. provision

      2. 79.Regulations under this Act

    3. Giving notices and other documents

      1. 80.General provision about giving notices etc.

      2. 81.Additional provision about giving notices etc. to persons occupying or interested in land

      3. 82.Giving notices etc. to the Crown

    4. Special cases

      1. 83.Raising of money in particular cases to meet expenditure

      2. 84.Church of England land

      3. 85.Power to modify application of Act to Authority land

    5. Interpretation

      1. 86.Meaning of “tip” and “disused tip”

      2. 87.Meaning of “threat to human welfare”

      3. 88.Meaning of “owner”

      4. 89.Definitions relating to the Crown

      5. 90.General interpretation

      6. 91.Index of defined terms

    6. Miscellaneous

      1. 92.Coming into force

      2. 93.Short title

    1. SCHEDULE 1

      THE DISUSED TIPS AUTHORITY FOR WALES

      1. PART 1 STATUS

        1. 1.Status

      2. PART 2 MEMBERS

        1. 2.Members

        2. 3.Disqualification from being a non-executive member

        3. 4.Terms of non-executive membership

        4. 5.Removal etc. of members

      3. PART 3 STAFF

        1. 6.Chief executive

        2. 7.Other staff

      4. PART 4 DELEGATION

        1. 8.Committees and sub-committees

        2. 9.Delegation

      5. PART 5 PROCEDURE ETC.

        1. 10.Procedure

        2. 11.Validity of proceedings and acts

        3. 12.Seal

        4. 13.Evidence

      6. PART 6 FINANCIAL MATTERS

        1. 14.Funding

        2. 15.Accounting officer

        3. 16.Accounts

        4. 17.Audit

        5. 18.Examination into use of resources

      7. PART 7 REPORTING REQUIREMENTS ETC.

        1. 19.Corporate plan

        2. 20.Annual report

      8. PART 8 MINOR AND CONSEQUENTIAL AMENDMENTS

        1. 21.Coal Industry Act 1994 (c. 21)

        2. 22.Government of Wales Act 2006 (c. 32)

        3. 23.Welsh Language (Wales) Measure 2011 (nawm 1)

        4. 24.Well-being of Future Generations (Wales) Act 2015 (anaw 2)

    2. SCHEDULE 2

      CLAIMS FOR COMPENSATION BY OWNERS AND CONTRIBUTORIES

      1. 1.(1) This Schedule applies to an owner of land if—...

      2. 2.(1) Where this Schedule applies to an owner of land,...

      3. 3.(1) Where this Schedule applies to a contributory, the contributory...

      4. 4.In this Schedule, references to operations include works of reinstatement...

      5. 5.In the case of an owner of land or contributory...

    3. SCHEDULE 3

      MODIFICATIONS OF SECTIONS 51 AND 52 WHERE A NOTICE UNDER SECTION 35 IS CANCELLED

      1. 1.Where the Authority has cancelled a notice given to an...

      2. 2.A reference in those sections to operations carried out in...

      3. 3.(1) In determining, for the purpose of sections 51 and...

      4. 4.Where, by virtue of a direction under section 43, the...

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