2.There are over 2,500 disused coal tips in Wales, predominantly in the South Wales valleys. In February 2020, following storms Ciara and Dennis, a series of coal tip landslides occurred in Wales, including a major landslide of a disused tip in Tylorstown which caused over 60,000 tonnes of debris to fall into the Rhondda Fach River. These landslides illustrate the potential risks that disused tips present to communities.
3.The First Minister for Wales, Mark Drakeford MS, established the Coal Tip Safety Task Force in early 2020. It was tasked with a wide-ranging programme of works including identification of the location and status of all disused coal tips in Wales; establishment of a programme of inspection and maintenance of coal tips; ensuring legislation is fit for purpose, and development of a future programme to remediate disused coal tips to address long-term stability issues.
4.To support the coal tip safety programme the Welsh Government has allocated £102 million in capital investment during this Senedd term to support local authorities to carry out maintenance and remediation work on coal tips.
5.In October 2020, the Welsh Government invited the Law Commission to evaluate current legislation and to consider options for new legislation to ensure a robust, integrated and future proofed regulatory system, which adopts a uniform approach to inspection, maintenance and record keeping on coal tips. It reported on 24 March 2022. It made a number of recommendations including the creation of a single supervisory authority, creation of a coal tips register, and recommendations relating to inspection and on-going maintenance of coal tips.
6.The Coal Tip Safety (Wales) White Paper, which consulted on Bill proposals, was published by the Welsh Government on 12 May 2022. It drew on the recommendations of the Law Commission and further analysis undertaken by the Welsh Government. Responses to the White Paper consultation were published in November 2022. The White Paper asked whether the proposals for the Bill should apply to both coal tips and non-coal tips (for example tips containing waste from Wales’s metal mining industry). The majority of responses (88%) agreed. Thus, the Act’s provisions apply to both coal and non-coal tips. It should be noted that it is estimated there are over 20,000 disused tips (not coal) in Wales.
7.There was a broad consensus from the consultations undertaken that the current legislation relating to disused coal tips, the Mines and Quarries (Tips) Act 1969 (“the 1969 Act”) was no longer fit for purpose. It had been enacted at a time when Wales had an active coal industry. Consequently, it was not designed for and does not adequately address, the management of disused coal tips. Consequently, the Act disapplies Part 2 of the 1969 Act to local authorities in Wales, and therefore, Part 2 does not apply in relation to disused tips that are located wholly in Wales.
8.The aim of the Act is to reduce the likelihood of landslides on disused coal and non-coal tips through the establishment of a new public body which will have functions in relation to the assessment, registration, monitoring and management of disused tips.
9.In summary, the Act:
10.The Act comprises 93 sections and three Schedules.
Summary and Policy Background