37.Section 6(1) places a duty on the Authority to compile and maintain an electronic register of disused tips that it has decided (a) pose a threat to human welfare by reason of instability, or (b) could pose such a threat in the event of instability.
38.The process for including disused tips in the register, or removing them from it, is set out in Chapter 3.
39.Section 7 sets out the criteria for registering a disused tip.
40.The criteria for registration are satisfied if either section 7(a) or (b) is satisfied in relation to a particular disused tip. Therefore, a disused tip does not need to be unstable at the time of assessment to be included in the register. It must also be included if it could pose a threat to human welfare (which is defined in section 87 and explained at paragraphs 330 - 331) if it were to become unstable.
Commentary on Sections Part 2 Assessment, Registrati on and Monitoring of Disused Tips Overview of Chapter 1 Sections 6 and 7 – Duty to compile and maintain register and the criteria for registration