Commentary on Sections Overview of Part 4 Section 57 – Management plans
229.Subsection (1) requires the Authority to prepare and maintain a management plan for every disused tip in the register which is a category 1 or category 2 tip.
230.Subsection (2) requires the Authority to prepare the management plan as soon as practicable after the tip is first recorded in the register as a category 1 tip or category 2 tip.
231.Subsection (3) provides the Authority with a power to prepare and maintain a management plan for a category 3 tip or category 4 tip.
232.Subsection (4) prescribes that a management plan must set out how the Authority intends to exercise its functions under the Act in relation to the tip (including details of any information or advice that it intends to give to owners or occupiers of land under section 3); information the Authority considers may be relevant in an emergency involving the tip; information about the roles and responsibilities of the Authority and other public authorities in such an emergency; and how the Authority intends to co-operate with those public authorities in such an emergency.
233.Subsection (5) provides that a management plan may include any other information that the Authority considers appropriate.
234.The intention is for the Authority to co-operate with other relevant public authorities in the preparation of management plans, for example, with the local authority for the area where the disused tip is situated, Natural Resources Wales, the Coal Authority and the Fire and Rescue Authority for the area. In accordance with section 74(1)(f), the Welsh Ministers must give the Authority guidance in relation to the exercise of its functions under section 57 (management plans). The Authority must have regard to that guidance in exercising its functions.