Agenda item

To receive the Law Commission to outline the consultation proposals on the new coal tip safety regime in Wales.

Regulating Coal Tip Safety in Wales | Law Commission

The Service Director Democratic Services and Communication presented his report which advised Committee that representatives from the Law Commission for England and Wales were present at the meeting to outline the consultation proposals on the new coal tip safety regime in Wales.

The Power Point presentation ‘Regulating Coal Tip Safety in Wales’ was delivered under the following headings:

Ø  Current law and problems with the current law

Ø  Provisional Proposals

Ø  Sample questions for Stakeholders

Ø  Consultation

Representatives from the Law Commission, Mr Nicholas Paines QC and Lisa Smith, Lawyer responded to a number of questions:

Ø  Will the proposed new legislation, to replace the 1969 legislation, will be Primary Legislation that is UK wide or secondary legislation, adding to the 1969 Act;

Ø  Does the brief include consideration of liability of coal tips or will it remain outside the brief?

Ø  Is the current Legislation Primary UK Legislation?

Ø  What happens with absentee Landowners?

Members were advised that Welsh Government had invited the Law Commission to undertake an independent review of coal tip safety legislation with coal tip safety falling within devolved competence. The Senedd has power to construct a new regime and pass it as Primary Legislation, it would be a matter for UK Government should they wish to copy the Welsh regime.

The Law Commission commented that it has no jurisdiction to recommend the extent to which further funding should be released by UK Government. A policy decision would need to be taken by the Senedd as to whether the cost of tip remediation is derived from public funds or from individual landowners. The current scheme of legislation means the responsibility does fall to the landowner, however the Law Commission will recommend a broad structure enabling funding from public funds where available and giving scope to charge landowners for individual pieces of work or through an annual fee.

The Service Director, Frontline Services provided an overview of the inspection regimes which are undertaken in RCT. Currently the Tip Safety Taskforce, established by Welsh Government in partnership with the Coal Authority, Natural Resources Wales (NRW) and the Local Authorities reviews the tips across the country. The Local Authority continues to undertake risk assessments and inspect its tips, a process which is supported and validated by the Coal Authority. 

The Service Director outlined the work to date following the landslip which occurred on the Llanwonno hillside at Tylorstown and through discussions with UK and Welsh Government and the local authority regarding funding of phase two and three (estimated to cost approximately £2.5 million). Up to date information is posted on the Council’s website (and local Members kept informed) which includes an overview of Phase 4 and the council’s future vision for this area.

Some Members raised concern regarding the lack of information on whether any tips within the local authority require immediate attention. The Service Director advised that over £1M has been spent during 2020/21 financial year on routine tip maintenance to mitigate risks and further investigations are ongoing on a number of sites which may lead to more substantive work. The Coal Authority is intending to undertake some works at Wattstown Standard (privately owned) Tip and remote monitoring measures have been installed in conjunction with the Coal Authority at the RCT owned Wattstown National Tip. Regular inspection regime continues across all tips in order to identify and manage issues. Discussions with the Local Members are taking place in advance of substantive works and information is also shared with the public in advance of substantive works.

Members raised concern that coal tips could spontaneously combust as a result of mountain fires. This matter was further discussed with reference to Craig Y Dyffryn, formerly owned by Lord Aberdare, which spontaneously combusted in 1969 and was a serious incident at the time. Members queried whether the new legislation would capture the Mining legacy. Mr Paines QC advised that spontaneous combustion is referred to within the Law Commission’s consultation briefing and advised that the remit of the Local Authority should be extended to the single supervisory authority to cover spontaneous combustion as although a rare incident, can resurface at any time.

Members sought assurance that qualified engineers with expertise in the mining industry are involved in the inspection process following reference to the lack of qualified engineers in this field. The Service Director Frontline Services advised that the benefits of having a single supervisory authority with a duty to supervise the management of all disused tips would mean that skills would be sustained across a specialist body with the opportunity to develop skills through Graduate/Apprenticeship programmes and to establish the appropriate expertise and knowledge of the legislation sustained.

In conclusion, representatives from the Law Commission announced a public event on the 20^th July 2021 to further provide information about the consultation which all Members were welcome to attend and details of which had already been circulated by Democratic Services.

Following discussions, it was RESOLVED that the draft consultation responses captured from the comments and feedback of Members would be considered and formalised at the special meeting of the Overview & Scrutiny Committee on the 16^th July 2021 at 2pm.