Agenda item

To receive the report of the Service Director Democratic Services

The Service Director Democratic Services & Communications presented his

report which provided the opportunity for members of the Overview & Scrutiny

Committee to formally consider and adopt its response to the Law

Commission's consultation on Regulating Coal Tip Safety in Wales, following

discussions with representatives from the Law Commission of England and

Wales at its meeting on the 5^th July 2021.

Members were advised that any further comments in respect of the consultation would be added to the attached consultation responses and submitted before the closing date of the 10^th September 2021.

Members considered that although the majority of the draft responses captured their comments and feedback, they wished for the following points to be included before final submission to the Law Commission’s consultation:

Ø  Is it Welsh Government’s intention to repeal the Mines and Quarries (Tips) Act 1969 or remain as England/Wales Legislation amid fears that the two will conflict at some point in the future;

Ø  Consultation question 31 - Generally, Members felt that legislative provision should be made in these instances that specialist, qualified staff and a panel of engineers should be responsible and take action in these circumstances. Members also commented that the proper authority should be making the decisions, taking action (quickly where necessary) and responding to coal tip emergencies;

Ø  Consultation question 32 – Members again sought advice whether Welsh Government will repeal Regulation 40 of the Environmental Permitting Regulations (England and Wales) 2016 in favour of an All-Wales alternative;

Ø  Consultation question 34 -Members hoped that the Ecologists would continue to acknowledge that many coal tips are now developing into unique ecological habitats in their own right;

Ø  Consultation question 13 – Members sought clarification on this response as they felt that Tip Register information should be available to members of the public but were mindful that certain information contained within the tip register should not be accessible to the public, such as personal information, calculations and costings. With regard to tip inspection reports the Committee suggested that these could be released if there is a standard uniform approach and classification to the tip reports and they are undertaken by experienced, competent engineers. However, the Service Director Highways and Transportation recognised there may be further clarification to be sought from the Council’s Legal Services in advance of a response being provided and advised that he would confirm this following the meeting.

Ø  Members discussed the serious legacies that remain with mining industries and acknowledged the uncertainties relating to the heritage infrastructure.

Following further consideration of the issues and responses, Committee RESOLVED:

·       To include the above-mentioned additions to the consultation responses in advance of submission; and

·       That a letter to the appropriate Ministers is sent on behalf of the Overview & Scrutiny Committee seeking clear and unequivocable clarification as to whether Welsh Government will repeal the Mines and Quarries (Tips) Act 1969 or whether it will remain as two separate Legislations and whether the Regulation 40 of the Environmental Permitting Regulations (England and Wales) 2016 be repealed for an all-Wales alternative.