Commentary on Sections Schedule 1- The Disused Tips Authority for Wales Section 3 - Information, advice and assistance
28.Subsection (1) requires the Authority to provide the Welsh Ministers with such information, advice or assistance about any of their functions as the Welsh Ministers may require. For example, the Welsh Ministers could ask the Authority for information relating to the number of notices under Part 3 issued by the Authority in relation to category 1 tips within a particular period. Subsection (2) provides that the Authority does not have to wait for a request from the Welsh Ministers, and may, of its own initiative, provide the Welsh Ministers with information, advice or assistance in connection with any matter relevant to their functions under this Act or any of their other functions.
29.In accordance with subsection (5), “assistance” for the purposes of this section is defined to include the carrying out of operations on land: for example, works to strengthen a retaining wall on a disused tip.
30.Subsection (3) provides that the Authority may also give any other person (other than the Welsh Ministers) information or advice on, or assistance with, any matter relating to a particular disused tip, or disused tips in general. Subsection (4) gives the Authority power to charge a fee for the provision of such support under subsection (3). This means for example that the Authority could charge a local authority in England for providing advice and assistance with matters relating to a disused tip in its area, if that tip straddles the border between Wales and England.
31.As the Authority is a public authority, the principles of public law will require any fees charged by it to be reasonable.