The Disused Mine and Quarry Tips (Wales) Bill was introduced into the Senedd on 9 December 2024.
This page pulls together key Senedd Research publications to support scrutiny of the Bill. It will be updated as the Bill makes its way through the Senedd’s legislative process.
You can follow the Bill’s progress on the Climate Change, Environment, and Infrastructure (CCEI) Committee’s Bill page. Resources on the page include the Bill itself and the Explanatory Memorandum (EM), which includes Explanatory Notes (EN) and a Regulatory Impact Assessment (RIA). The Senedd’s Legislation, Justice and Constitution (LJC) Committee and Finance Committee will also be considering the Bill.
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Section 1
Section 1 establishes the Disused Tips Authority for Wales (‘the Authority’)
Section 2
Section 2 outlines the Authority’s main objective when exercising its functions under the Bill, which is to “ensure that disused tips do not threaten human welfare by reason of their instability”. In pursuance of this objective, the Authority must promote high standards in relation to the management of disused tips and threats to their stability.
Section 3
Section 3 states the Authority must provide information, advice and assistance to the Welsh Ministers, and may also give information, advice and assistance to any other person on any matter relating to disused tips (for which it may charge a fee).
Section 4
Section 4 outlines that, with consent of the Welsh Ministers, it can give financial assistance to any person in respect of relevant expenditure, either by grant or loan, and subject to conditions.
Section 5
Section 5 states the ancillary functions of the Authority, saying it “may do anything which is calculated to facilitate, or which is conducive or incidental to, the exercise of its functions”.
Section 6
Section 6 places a duty on the Authority to compile and maintain an electronic register of disused tips that it decides pose a threat to human welfare by reason of instability, or could pose such a threat in the event of instability.
Section 7
Section 7 outlines the criteria for registration, these being that a tip does or could pose a threat to human welfare by reason of instability.
Section 8
Section 8 sets out items which must be included in the register for a disused tip.
Section 9
Section 9 covers public access to the register. The Authority must ensure the maps and information on the register (other than any information specified by regulations) can be accessed electronically by members of the public at all reasonable times.
Section 10
Section 10 places a duty on the Authority to monitor the stability, and threats to the stability, of each disused tip in the register, by carrying out any inspections or other monitoring activities it considers appropriate.
Section 11
Section 11 requires the Authority to carry out:
a preliminary assessment of disused tips not in the register, to identify those tips that may need to be included in it;a full assessment of those tips identified by a preliminary assessment as ones that may need to be included in the register; andin certain circumstances, a full assessment of tips already in the register.Section 12
Section 12 defines a preliminary assessment as an assessment of whether it appears that the criteria for registering a disused tip may be met.
Section 13
Section 13 outlines the process for preliminary assessments of all disused tips. It states the Authority must carry out a preliminary assessment in relation to every disused tip, and produce a report of each assessment. It must prepare a programme which sets out its proposed approach to, and proposed timetable for, carrying out the required preliminary assessments. The programme must be approved by the Welsh Ministers and published.
Section 14
Section 14 applies where a preliminary assessment has been carried out, but the Authority considers that an additional preliminary assessment should be undertaken. This may be due to a change in circumstances or because information is available that was not taken into account when the previous assessment was carried out.
Section 15
Section 15 defines a full assessment as an assessment of:
the stability of the tip;matters affecting, or with the potential to affect, the stability of the tip (including any interdependencies between the tip and another tip);whether any interdependencies between the tip and another disused tip could affect the stability of the other tip; andwhether the criteria for registration are met.Section 16
Section 16 outlines the process for determining if a full assessment should be undertaken on an unregistered tip. If, on the basis of a preliminary assessment, it appears to the Authority that the criteria for registering a disused tip may be met, it must carry out a full assessment of the tip and produce a report.
Section 17
Section 17 applies where the Authority considers a full assessment ought to be carried out on a disused tip already on the register because of a change in circumstances, or the availability of new information. In such circumstances the Authority must carry out an additional full assessment and produce a report.
Section 18
Section 18 outlines that, before carrying out a full assessment in relation to a disused tip, the Authority must give a notice to every owner and every occupier of the land to which access is required. The notice must:
state the Authority has arranged a full assessment of the tip;state the name of the individual who will carry out the assessment;explain that access to the land may be needed;specify the date access to the land may be needed; andstate the Authority may, unless the land is Crown land, apply for a warrant to enter the land is access is refused.Section 19
Section 19 states that, when the Authority produces a full assessment report, it must (as soon as practicable) give notice of the conclusions of the report to every owner and every occupier of the land on which the tip is situated.
Section 20
Section 20 deals with proposals to register a tip, where a full assessment concludes that the criteria for registering a disused tip may be met. The Authority must give notice that it proposes to include the tip in the register to every owner and occupier of the land on which the tip is situated, and any other person who has an estate or interest in that land (other than as a mortgagee). The notice must identify the tip (including a map) and:
explain the Authority is proposing to register the tip and the reasons why;specify the tip category it is proposing and its reasons why;specify the period of making representations to the Authority, and explain how representations may be made.Section 21
Section 21 outlines the decision on registration, once the period for making representations about a proposal has ended. The Authority must decide whether the criteria for registering a tip are met – and if so, it must be included in the register as soon as possible. It must provide a decision notice to the same people it was required to notify previously.
Section 22
Section 22, proposal to remove a tip from the register, applies where a report of a full assessment of an already registered tip concludes the criteria for registration are no longer met. The process is the same as under section 20 in terms of who must be notified.
Section 23
Section 23 sets out the process for a decision on removing a tip from the register.
Section 24
Section 24 outlines the four categories in which a disused tip in the register may be placed: 1, 2, 3 or 4. Category 1 are those tips causing the most concern, and Category 4 the least. The categories are based on four criteria: the tip’s instability, potential instability, threat to human welfare posed by instability, and the threat it could pose to human welfare in the event of instability.
Section 25
Section 25 requires the Authority to publish its policy on the categorisation of disused tips.
Section 26
Section 26 specifies that, for the initial categorisation of a disused tip, the Authority must have regard to the full assessment report, the policy under section 25, and any other information it considers relevant.
Section 27
Section 27 addresses reviews of categorisation. Where the Authority carries out a full assessment under section 17, and the assessment concludes the criteria for registration continue to be met, the Authority must review the tip’s category as soon as practicable. It may also review a tip’s category at any other time.
Section 28
Section 28 defines ‘notifiable change’ as a change to the area of a disused tip on a map in the register, or a change to a disused tip’s category.
Section 29
Section 29 states that if the Authority proposes to make notifiable change, it must give notice of the proposal to every owner and every occupier of the land where the tip is situated, and any other person who has an estate or interest in the land. It outlines the information a notice of proposed change must include.
Section 30
Section 30 sets out information on the decision on a notifiable change, including the must be taken into account and the contents of a decision notice.
Section 31
Section 31 outlines the circumstances in which compensation for damage or disturbance can be recovered from the Authority. Where inspection or monitoring activity, or a preliminary or full assessment, is carried out and this damages land or property, or disturbs enjoyment of the land, compensation can be claimed.
Section 32
Section 32 sets out that a person who intentionally obstructs or interferes with inspection or monitoring activity, or a preliminary or full assessment, commits an offence, liable on summary conviction to a fine.
Section 33
Section 33 empowers the Authority to require the owner of land to carry out operations to prevent or deal with threats to the stability of disused tips, or to stabilise disused tips to prevent them becoming more unstable, so as to prevent threats to human welfare.
Section 34
Section 34 makes provisions about the owner’s right to enter their land to carry out such operations, where the owner is not the occupier of the land.
Section 35
Section 35 requires the Authority to give interested parties copies of any notice requiring the owner to carry out such operations.
Section 36
Sections 36 covers rights of appeal against a notice.
Section 37
Section 37 sets out that an appeal under section 36 will be determined by a person appointed by the Welsh Ministers.
Section 38
Section 38 contains supplementary provision about appeals.
Section 39
Section 39 outlines the penalty for failure to comply with a notice will be a fine.
Section 40
Section 40 covers the Authority’s power to cancel a notice.
Section 41
Section 41 sets out the circumstances in which, if a notice is cancelled, an owner can claim for reimbursement from the Authority.
Section 42
Section 42 empowers the Authority to carry out operations on land to prevent or deal with threats to the stability of disused tips, or to stabilise disused tips to prevent them becoming more unstable, so as to prevent threats to human welfare.
Section 43
Section 43 outlines the Authority’s right to, for the purpose of carrying out operations or consequential works of reinstatement on land, remove and dispose of any property situated on the land that belongs to another person. It must give the owner the proceeds from any sale.
Section 44
Section 44 outlines the Authority must give the owner of the land at least 21 days’ notice that it intends to carry out operations on land. It sets out the content of such a notice, including the threat to human welfare the operations are intended to avoid or reduce. If the Authority determines the works need to be carried out immediately, it can commence works without giving notice, but must give notice the works have started as soon as practicable.
Section 45
Section 45 places a duty on the Authority to also give a notice to any other person with an interest in the notice. These persons are listed in this section.
Section 46
Section 46 covers contribution orders. It outlines that certain persons must contribute towards the expenses that an owner of land would otherwise have had to bear as a result of carrying out the operations specified in a notice under sections 33 or 44. These include a person who had an estate or interest in the land on the day on which the notice was given to the owner, or at any time in the 12 years prior, It also includes a person who in the preceding 12 years had used the disused tip to deposit waste from a mine or quarry. It outlines who may make an application, and the information the court should take into account when determining it.
Section 47
Section 47 specifies the meaning of a ‘contribution order’, ‘contributory’ and ‘the specified percentage’.
Section 48
Section 48 addresses compensation for damage, loss or disturbance caused by operations carried out by the owner or the Authority. Such compensation is recoverable from either the owner of the land (if they carried out the operations or works) or the Authority (if it did).
Section 49
Section 49 outlines the owner’s right to recover expenses from a contributory, and the specified percentage and process.
Section 50
Section 50 explains the right of a contributory to appeal against an owner’s demand, including the timescales and grounds for an appeal.
Section 51
Section 51 sets out the Authority’s entitlement to recover expenses from the owner of the land, where it has undertaken investigations and operations.
Section 52
Section 52 outlines the right to appeal against the Authority’s demand for expenses (in section 51). This includes the timescales and grounds for such an appeal.
Section 53
Section 53 empowers the Authority to carry out investigations on land to determine whether operations are required (under section 33) or whether operations are being carried out in compliance with a notice (under section 33).
Section 54
Section 54 sets out the penalties for intentionally obstructing operations.
Section 55
Section 55 relates to information sharing, and sets out the meaning of ‘relevant public authority’.
Section 56
Section 56 outlines the Authority’s power to require relevant public authorities to give it information, for the purpose of exercising its functions.
Section 57
Section 57 sets out the duties of the Authority and relevant public bodies to share information. If a public authority becomes aware of a threat to the stability of a disused tip, or evidence of its instability, and considers this should be shared with the Authority, it must give the information to the Authority as soon as possible. The same applies if the Authority becomes aware of such information.
Section 58
Section 58 covers information about estates or interests in land. It empowers the Authority to require an occupier or a person who receives rent for a piece of land to confirm in writing the nature of their estate or interest in the land. Additionally, if they know of someone else who has an estate or interest in the land they need to provide their name and contact details.
Section 59
Section 59 applies to an estate or interest in Crown land which is not a private interest. The Authority may request the appropriate Crown authority to confirm the nature of its estate or interest in the land, and the contact details of any other person who may have an estate or interest in the land.
Section 60
Section 60 covers information to identify or assess threats to the stability of a disused tip. It enables the Authority to require persons to give them information that will help it identify a threat to the stability of a tip, or to assess its stability.
Section 61
Section 61 makes clear a person commits an offence if they don’t provide the information requested under section 58 or 60.
Section 62
Section 62 relates to powers of entry. It says an authorised person may enter land for the purpose of doing one of a specific list of things (included in this section) on behalf of the Authority. The list includes assessments, inspection, monitoring and works.
Section 63
Section 63 states an authorised person may not (under section 62) demand admission as of right to any land which is occupied, unless at least 48 hours’ notice has been given to the occupier. This does not apply if the Authority believes the tip is unstable, and the instability of the tip poses a threat to human welfare that requires immediate entry. An authorised person may not demand admission as of right to residential land.
Section 64
Section 64 makes clear a justice of the peace may, on application by the Authority, issue a warrant allowing an authorised person to enter land, if necessary by force.
Section 65
Section 65 provides that a warrant under section 64 can confer a power to enter land at a reasonable time. However, this does not apply if a disused tip is unstable, and poses a threat to human welfare that requires immediate entry.
Section 66
Section 66 states a person who intentionally obstructs someone with a warrant commits an offence.
Section 67
Section 67 outlines that an authorised person may not enter Crown land under section 62 unless the appropriate Crown authority has given them permission to do so, or the Authority believes a disused tip is unstable and poses a threat to human welfare that requires immediate entry to the land. However, an authorised person may not demand admission as of right to any part of Crown land that is residential land.
Section 68
Section 68 outlines that the Authority may provide administrative, professional or technical services to any devolved Welsh authority, and may charge a fee for this service.
Section 69
Section 69 states that in exercising its functions, the Authority must have regard to guidance given to it by the Welsh Ministers.
Section 70
Section 70 lists amendments to the Mines and Quarries (Tips) Act 1969. These make changes to the legislation to differentiate arrangements in Wales by specifically referencing England and Scotland.
Section 71
Section 71 covers offences by bodies corporate. Where an offence is committed by a body corporate, and is proved to have been committed with the consent/attribution to senior officer of the body, or someone purporting to be one, then both the person and the body are guilty of the offence.
Section 72
Section 72 sets out that proceedings in respect of an offence may only be brought by the Authority or by/with consent of the Director of Public Prosecutions.
Section 73
Section 73 empowers the Welsh Ministers, by regulations, to make supplementary, incidental or consequential provisions, and transitional or saving provision.
Section 74
Section 74 sets out that regulations under the Act will be made by statutory instrument.
Section 75
Section 75 contains general provision about giving notices, specifically by defining what is meant by ‘give’ – for example, handing it, sending it by post, or by email.
Section 76
Section 76 contains additional provision about giving notices to persons occupying or interested in land.
Section 77
Section 77 states that when notices are to be given to the Crown, this means they must be given to the appropriate Crown authority.
Section 78
Section 78 sets out provisions related to raising money in particular cases to meet expenditure. This includes expenses incurred under a section 33 notice, compensation recoverable under section 48, and sums recoverable under sections 49 and 51.
Section 79
Section 79 states where a provision requires a document to be given to a person as an occupier or owner of land which belongs to the Church of England, this must also be given to the appropriate Diocesan Board of Finance. It also outlines compensation payable in respect of Church of England land.
Section 80
Section 80 states the Welsh Ministers may, by regulations, modify the application of the Act in relation land in which the Authority has an estate or interest.
Section 81
Section 81 outlines the meaning of ‘tip’ and ‘disused tip’. In relation to the latter, this is defined in reference to the Quarries Regulations 1999 and the Mines Regulations 2014.
Section 82
Section 82 specifies the meaning of ‘threat to human welfare’.
Section 83
Section 83 specifies the meaning of ‘owner’.
Section 84
Section 84 outlines definitions relating to the Crown.
Section 85
Section 85 specifies the meaning of ‘the court’ and ‘operations’.
Section 86
Section 86 contains an index of defined terms.
Section 87
Section 87 sets out when parts of the Act come into force. Sections 1, 2 and 5 and Schedule 1 come into force on 1 April 2027.
Section 88
Section 88 outlines the Act’s short title as the Disused Mine and Quarry Tips (Wales) Act [2025].
Schedule 1
Schedule 1 specifies the particulars of the Authority, including membership, staff, delegation of functions, financial matters including audit, and reporting requirements.
Schedule 2
Schedule 2 makes provision for claims by owners or contributories for compensation. “Contributories” are persons in relation to whom a contribution order has been made under section 46.
Schedule 3
Schedule 3 sets out modifications that will apply to sections 49 and 50 where the Authority cancels a notice it has given to an owner under section 33.
Senedd Research bilingual glossary: Disused Mine and Quarry Tips (Wales) Bill: Bilingual Glossary (19 December 2024)
Senedd Research bill summary: Disused Mine and Quarry Tips (Wales) Bill: Bill Summary (19 December 2024)
Article by Chloe Corbyn, Senedd Research, Welsh Parliament
