241.Section 60 places a duty on a relevant public authority and the Authority, when certain circumstances are satisfied, to give information to the other party as soon as practicable.
242.Subsection (1) requires a relevant public authority, if it becomes aware of a threat to the stability of a disused tip or of evidence of a disused tip’s instability, and it considers that information should be shared with the Authority in the interests of avoiding or reducing a threat to human welfare, to provide the Authority with that information as soon as practicable. For example, a local authority may become aware, as part of a planning application, of activity on or near a disused tip that it considers should be passed to the Authority in the interests of avoiding or reducing a threat to human welfare.
243.Similarly, subsection (2) requires the Authority, if it becomes aware of something that should be brought to the attention of a relevant public authority for the purpose of the public authority’s exercise of its functions, to provide that information to the public authority as soon as practicable. For example, if when assessing a disused tip, the Authority becomes aware of a fire hazard on the tip or on neighbouring land, the Authority must provide that information to the Fire and Rescue Authority for that area.
244.Subsection (3) provides that the section can neither require nor permit a relevant public authority or the Authority to give information contrary to any prohibitions contained in legislation or imposed by another rule of law.
Commentary on Sections Overview of Part 4 Section 60 – Duties of Authority and relevant public authorities to share information