The Disused Mine and Quarry Tips (Wales) Bill

There are  2,573 disused coal tips in Wales, predominantly in the South Wales valleys, and it is estimated there are over 20,000 other disused tips (i.e. not coal) in Wales. In February 2020, following storms Ciara and Dennis, a series of coal tip landslides occurred in Wales, including a major landslide of a disused tip in Tylorstown, and, in  November 2024, Storm Bert caused a landslide on a disused coal tip in Cwmtillery. These landslides illustrate the potential risks that disused tips present to communities.

Wales has a proud mining heritage, and it is imperative we have a structured approach to managing disused tips to ensure they are safe and not a threat to our communities. The current legislative framework in the Mines and Quarries (Tips) Act 1969 no longer provides an effective management framework for disused coal tips in the twenty-first century. A key commitment and priority for this Government, as set out in our Programme for Government 2021, is to introduce legislation to ensure coal tip safety.  

The Disused Mine and Quarry Tips (Wales) Bill (“the Bill”) satisfies that commitment. The aim of the Bill is to prevent disused tips – both coal and non-coal - from threatening human welfare by reason of their instability.  The Bill will achieve this by establishing a new public body, the Disused Tips Authority for Wales (‘the Authority’), which will have functions in relation to the assessment, registration, monitoring and management of disused tips.  

In summary, the Bill:

• establishes the Authority as a body corporate. Its main objective in carrying out its functions under the Bill is to ensure that disused tips do not threaten human welfare by reason of their instability,
• makes provision for the assessment, registration and monitoring of disused tips,
• contains provisions that enable the Authority to deal with tip instability and threats to tip instability. This includes powers to require an owner of land to carry out operations and for the Authority to carry out operations itself, and related provisions in respect of payments in connection with such operations,  
• contains supplementary provisions including powers of entry, information sharing provisions and powers to require information, and
• creates related offences to support the enforcement of the regime.

There was full public consultation on the Coal Tip Safety (Wales) White Paper, as well as ongoing engagement with key stakeholders during the development of the Bill.