56.Subsection (1) places a duty on the Authority to (a) carry out a preliminary assessment in relation to every disused tip in Wales, and (b) produce and publish a report of each assessment.
57.Subsection (2) enables the Authority to publish a report in a redacted form if the Authority considers it necessary to do so in order to avoid disclosing information contrary to any prohibition imposed by an enactment or rule of law. Redaction could, for example, entail removing personal data such as name, address or contact details.
58.There are approximately 2,500 disused coal tips in Wales, and it is estimated there are over 20,000 other disused tips (i.e. not coal) in Wales. Not all disused tips can be assessed at once. Consequently, subsection (3) requires the Authority to prepare a programme of work setting out its proposed approach to, and a timetable for, carrying out the preliminary assessments that are required by section 13.
59.It is anticipated that the programme of works will be developed so that the disused tips (whether they be coal or not) that are currently known to present the greatest threat to human welfare will be the first to receive a preliminary assessment. In respect of disused coal tips, decisions on prioritisation for preliminary assessment will be based on existing data from the Coal Authority.
60.Subsections (4) to (9) make further provision about the programme of work the Authority is required to prepare. In particular, the Authority must send the first programme of work to the Welsh Ministers for approval within 12 months of section 13 coming into force. The Welsh Minsters may approve the programme that is submitted to them by the Authority, or they may modify it prior to approving it. The Authority must publish the programme. The Authority may revise its published programme, subject to the approval of the Welsh Ministers. If it does so, the revised programme must be published as soon as practicable.
61.In accordance with section 72, where the Act requires the Authority to publish anything, this means it must be published on the website (or other electronic facility) the Authority is required to establish and maintain under section 71, and may also be published in any other manner the Authority considers appropriate.
Commentary on Sections Part 2 Assessment, Registrati on and Monitoring of Disused Tips Chapter 2 – Assessment of Disused Tips Section 13 - Preliminary assessments of all disused tips