Commentary on Sections Schedule 1- The Disused Tips Authority for Wales Section 2 - The Authority’s exercise of its functions
23.Subsection (1) provides that the Authority must exercise its functions under the Act with a view to ensuring that disused tips do not threaten human welfare by reason of their instability. Subsection (2) also places a duty on the Authority to promote high standards in relation to the management of disused tips and threats to their stability in exercising its functions. What is meant by a “threat to human welfare” is defined at section 87.
24.By way of example, there could be a threat to human welfare if a disused tip located near a residential area became unstable and where any slippage resulting from instability could result in loss of human life, serious human illness or injury or serious damage to property.
25.Similarly, a threat to human welfare could exist where the failure of a disused tip, due to instability, could block a water course and result in a consequential flooding threat to human welfare.
26.Such a threat could exist where slippage of a disused tip due to instability could block a highway and cause serious disruption to facilities for transport.
27.Similarly, a threat to human welfare could exist where a disused tip located near electrical power lines and pylons becomes unstable and where any ground movement from instability could result in serious disruption to energy supply.