Commentary on Sections Part 2 Assessment, Registrati on and Monitoring of Disused Tips Overview of Chapter 1 Section 10 - Duty to monitor registered tips
45.Subsection (1) places a duty on the Authority to monitor the stability, and threats to the stability, of each disused tip in the register.
46.To perform its monitoring duty in relation to a category 1 disused tip, subsection (2) requires the Authority to inspect the tip within 6 months of the tip being recorded in the register as a category 1 tip, and to further inspect the tip twice within the period of 12 months beginning with the day on which the first inspection is completed. Thereafter, the Authority is required to inspect the tip twice within each subsequent period of 12 months.
47.To perform its monitoring duty in relation to a category 2 disused tip, subsection (3) requires the Authority to inspect the tip within 12 months of the tip being recorded in the register as a category 2 tip, and to further inspect the tip once within the period of 12 months beginning with the day on which the first inspection is completed. Thereafter the Authority must inspect the tip once within each subsequent period of 12 months.
48.Subsection (4) provides that the Authority may carry out any other monitoring activities (including additional inspections) that it considers appropriate in relation to a category 1 or 2 disused tip. Other monitoring activities might, for example, include the use of remote sensing to detect ground movement.
49.Subsection (5) provides that in order to perform its duty under subsection (1) in relation to category 3 or category 4 disused tips, the Authority may carry out any inspections or other monitoring activities that it considers appropriate.
50.Subsection (6) provides the Welsh Ministers with the power to make regulations to amend subsection (2) or (3) to -
51.Section 74(1)(b) places Welsh Ministers under a duty to issue guidance to the Authority in relation to the exercise of its functions under section 10. In accordance with subsection (3) of that section, the Authority must have regard to such guidance in exercising its monitoring functions.