Commentary on Sections Part 2 Assessment, Registrati on and Monitoring of Disused Tips Chapter 2 – Assessment of Disused Tips Sections 12 and 15 - Meaning of “preliminary assessment” and “full assessment”
53.Section 12 defines “preliminary assessment” for the purposes of Chapter 2. In accordance with section 74(1)(c), the Welsh Ministers must issue guidance to the Authority in relation to the exercise of its functions under Chapter 2 of Part 2 (preliminary assessments and full assessment of tips by the Authority). It is anticipated that the guidance will state that a preliminary assessment should take the form of a desktop survey that looks at matters such as the height and volume of a disused tip, its proximity to sensitive receptors (such as housing, infrastructure etc), any information about the tip’s history that may be relevant to its stability and existing inspection or structural reports.
54.Section 15 defines the meaning of a “full assessment” of a disused tip for the purposes of Chapter 2. The definition refers to the criteria for registration, which are described in section 7. In accordance with section 74(1)(c), the Welsh Ministers must issue guidance to the Authority in relation to the exercise of its functions under Chapter 2 of Part 2 (preliminary assessments and full assessment of tips by the Authority). It is anticipated the guidance will state that a full assessment should involve a physical inspection of the disused tip by a suitably qualified person.
55.A full assessment may only take place after a preliminary assessment has been conducted.