Draft Disused Mine and Quarry Tips (Appeals and Reimbursement of Expenses) (Wales) Regulations and accompanying guidance for the Appointed Person

Date of issue: 22 June 2026

Action required: Responses by 14 September 2026

This consultation seeks views on the draft Disused Mine and Quarry Tips (Appeals and Reimbursement of Expenses) (Wales) Regulations (the “Draft Regulations”)  which set out the procedures for determining applications made under sections 38 and 43 of the Disused Mine and Quarry Tips (Wales) Act 2025 (the “Act”) and on the draft guidance for the person appointed by the Welsh Ministers to determine those applications (the “Draft Guidance”). The consultation covers how applications may be submitted and determined. The grounds for making an application are set in the Act.  Contribution Orders appeals against demands for costs or disputes in respect of compensation under the Act are matters for the Court and are not part of this consultation. The Draft Regulations apply in relation to Wales only. 

The Welsh Government consulted on proposals for the Bill that became the Disused Mine and Quarry Tips (Wales) Act 2025 through the 2022  White Paper A new regulatory framework for disused coal tips in Wales. That consultation received 44 responses from individuals, organisations, local authorities, and professional bodies, and the policy framework was further tested through continuous stakeholder engagement and Senedd scrutiny during the Bill’s development. The Act broadly reflects those proposals.  

This consultation is technical in nature. It focuses on the Draft Regulations and Draft Guidance that set out the procedures the Appointed Person must follow when determining applications under sections 38 and 43 of the Act. 

This consultation will run for a period of 12 weeks. This approach supports timely implementation, enabling the appeals framework to be operational by 1 April 2027, while providing a reasonable opportunity for informed responses to the consultation in line with Welsh Government policy and the Gunning Principles.

We have posed a number of questions on matters where we would appreciate your views. A full schedule of questions is at Annex A. However, you can provide feedback on any aspects of the Draft Regulations and Draft Guidance.  

The closing date for responses is 14 September 2026, and you can respond in any of the following ways:

Email: Please complete the consultation response form and send it to:

DisusedTipsConsultations@gov.wales 
YmgyngoriadauTommeniNasDefnyddir@llyw.cymru   

Please include ‘Disused Mine and Quarry Tips (Appeals and Reimbursement of Expenses) (Wales) Regulations 2027– WG53579’ in the subject line.

Post: Please complete the consultation response form and send it to:

Disused Mine and Quarry Tips (Appeals and Reimbursement of Expenses) (Wales) Regulations 2027 Consultation 
Mining Legacy, Water and Flood Division 
Welsh Government
Cathays Park
Cardiff
CF10 3NQ

When responding please state whether you are responding as an individual or are representing the views of an organisation. If responding on behalf of a larger organisation please make clear who the organisation represents and, if applicable, how the views were collected.

Large print, Braille and alternative language versions of this document are available on request.

This document is also available in Welsh

For further information:

Mining Legacy, Water and Flood Division
Welsh Government
Cathays Park
Cardiff
CF10 3NQ
Email: DisusedTipsConsultations@gov.wales 

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In order to show that the consultation was carried out properly, the Welsh Government intends to publish a summary of the responses to this document. We may also publish responses in full. We publish responses anonymously and your name and contact details will not be included. If you would like your name or other details published alongside your response, please let us know when you submit your response, and we will include them.

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Tel: 0303 123 1113
Website: https://ico.org.uk

I am pleased to introduce this consultation on the Draft Regulations and Draft Guidance, which relate to the determination of certain applications made under the Act, which received Royal Assent on 11 September 2025. The Draft Regulations are an important next step in developing the new legislative framework for delivering disused coal and non-coal tip safety. 

Wales has a proud mining heritage. For generations, our communities powered the industrial revolution and shaped the modern world. But this legacy has left behind thousands of disused tips, some of which pose a threat to public safety, especially in the face of climate change and increasingly erratic weather patterns.

The Act is a landmark moment in our efforts to protect communities located near disused tips. The legislation establishes the Disused Tips Authority for Wales, a new public body with powers to assess, register, monitor and manage disused tips so that they do not pose a threat to human welfare.

This consultation focuses on the appeals process set out in the Draft Regulations and the Draft Guidance.  This process is an essential safeguard to ensure fairness and transparency in respect of the determination of applications under sections 38 and 43 of the Act.  We want to hear your views on how we have set out these arrangements in the Draft Regulations and Draft Guidance.   
We are particularly interested in whether the proposed procedures provide clarity, protect rights, and reflect best practice. We want the Draft Regulations to strike the right balance between efficiency and fairness, while maintaining accessibility for all parties.  Your feedback will help us design a regime that is clear, proportionate and accessible for all those affected.

I encourage you to take part in this consultation and help shape the appeals process so that it works effectively.   

Thank you for your continued engagement and support.

Llyr Gruffydd MS
Cabinet Minister for Rural Resilience and Sustainability
Welsh Government

The Act provides for a new regime of regulation for disused coal and non-coal tips in Wales, delivering a consistent approach to the inspection, assessment, registration, monitoring, maintenance and oversight of disused tips. It removes functions placed on local authorities in Wales by the Mines and Quarries (Tips) Act 1969 (the “1969 Act”) to ensure that disused tips do not constitute a danger to members of the public. This, in effect, largely disapplies Part 2 of the 1969 Act in relation to Wales. 

The Act establishes a new body to oversee and implement the regime, the Disused Tips Authority for Wales (the “Authority”), which must exercise its functions with a view to ensuring that disused tips do not threaten human welfare because of their instability. The Act provides the Authority with the power to require a  landowner to carry out operations and the power to carry out operations on land itself to prevent or deal with threats to the stability of a disused tip or stabilise a disused tip, or to prevent a disused tip from becoming more unstable, so as to avoid or reduce threats to human welfare. It also makes provisions for connected purposes.  

With the creation of the Authority, it will be important to ensure that there are independent checks and balances built into the regime to ensure fairness and equity.  Once the Authority is established, it will be expected to build relationships with key stakeholders, and in particular, with owners of disused tips. A focus on building relationships will help to reduce the need for appeals and notices.  In most cases matters of contention or disagreement can be resolved by engagement and dialogue between the Authority, tip owners and interested persons. However, mutual agreement and resolution may not be possible in all cases, therefore, the Act provides rights to owners and interested parties to appeal against a section 35 notice and for owners to apply for reimbursement of expenses when a section 35 notice is cancelled. The Act places a requirement on the Welsh Ministers to make regulations about the procedure to be followed in determining:

• appeals relating to section 35 notices, where landowners or interested parties apply to vary or cancel a notice issued by the Authority, and 
• applications under section 43, where landowners seek reimbursement of expenses following the cancellation of a section 35 notice.

Under section 35 of the Act, the Authority may issue a notice to a landowner requiring them to carry out operations it considers necessary to prevent or deal with threats to a disused tip’s stability or to stabilise or prevent a disused tip from becoming more unstable, to avoid or reduce threats to human welfare. Section 38 enables owners and certain interested parties to apply to the Welsh Ministers to vary or cancel a section 35 notice. Section 43 enables an owner, on cancellation of a section 35 notice, to apply to the Welsh Ministers for reimbursement of expenses incurred as a result of the notice. The Draft Regulations set out the procedures for determining these applications, and the accompanying Draft Guidance supports consistent practice by the person appointed to determine the applications.

Disused Mine and Quarry Tips (Appeals and Reimbursement of Expenses) (Wales) Regulations (the “Draft Regulations”) 

The Draft Regulations and Draft Guidance set out a fair, proportionate and transparent process for decisions relating to appeals against section 35 notices and applications for reimbursement of expenses where the Authority cancels a section 35 notice. 

The Welsh Government is seeking: 

• to gather views on the Draft Regulations and the Draft Guidance for the person appointed by the Welsh Ministers to determine applications under sections 38 and 43 
• to test whether the proposed procedures support consistent decision making that treats all parties fairly;
• to identify any unintended impacts or consequences, implementation challenges or gaps where further clarity is needed.

Draft Guidance for the Appointed Person 

Alongside the Draft Regulations, we are consulting on Draft Guidance to the person appointed to determine applications under sections 38 and 43.  Such guidance is required by section 74(4) of the Act.  The Draft Guidance explains, in practical terms, how the procedures in the Draft Regulations should be applied in determining applications under sections 38 and 43, for example, setting expectations for case management, communication with parties, handling written representations, hearings and inquiries. We welcome views on clarity, usability and operational feasibility of the Draft Guidance (including where further examples or definitions would help). Feedback will be used to refine the final guidance, so that it supports consistent, transparent and proportionate determinations, complementing (but not altering) the procedures set out in the Draft Regulations.

Determination of appeals

The Act states that applications under sections 38 and 43 are to be determined by a person appointed by the Welsh Ministers (referred to here and in the Draft Regulations as the Appointed Person). The Act does not prescribe who the Appointed Person must be. This flexibility is intentional. While it is expected that, in most cases, Planning and Environment Decisions Wales (PEDW) will act on behalf of the Welsh Ministers to manage the process and determine applications, the Welsh Ministers can appoint another person to determine applications.  

Planning and Environment Decisions Wales (PEDW) is an Agency of the Welsh Government. Their main work is the processing of planning and enforcement appeals and holding inquiries into local development plans. They also deal with a wide variety of other appeal casework including Environmental appeals and Rights of Way Orders. 

The Draft Regulations are detailed and technical. To help consultees navigate the document and focus their feedback, we have provided a high-level summary of each Part below. This overview explains the purpose and scope of each Part without reproducing the full legal text, making it easier for you to understand how the Draft Regulations are organised and where your comments will be most relevant. We encourage you to read the Draft Regulations and Draft Guidance in full alongside this summary to ensure your feedback is fully informed.

The Draft Regulations are divided into four Parts. Below is a summary of what each Part covers.  The Draft Guidance explains how the Draft Regulations should be implemented in practice and provides the details on matters such as deadlines, representations, evidence etc. 

Part 1: Introduction

This Part sets out the title, commencement date (1 April 2027) and application of the Draft Regulations. It also includes key definitions such as “appointed person,” “the Authority,” “grounds of appeal,” and other terms used throughout the Draft Regulations. These provisions ensure clarity and consistency in how the Draft Regulations are applied.

Part 2: Applications under section 38 of the Act

Part 2 relates to the determination of applications made under section 38 of the Act, where a landowner or interested party applies to vary or cancel a notice issued under section 35 of the Act. It includes:

1. what must be included in an application and which documents must accompany an application;
2. the procedure – the Appointed Person must decide whether the application will be determined by written representations, a hearing, or an inquiry (or a combination of these procedures) and must notify the applicant and the Authority;
3. detailed procedural rules – including time limits for submitting representations, arrangements for hearings (including remote or hybrid formats) or inquiries, and rules relating to the giving of evidence.

Part 3 – Applications under section 43 of the Act

This Part relates to the determination of applications made under section 43 of the Act, for reimbursement of expenses incurred by a landowner following cancellation of a section 35 notice. It sets out:

• what must be included in an application – including evidence of expenditure;
• time limits – applications must be received within six months of the cancellation notice;
• determination process –including notification of start date and procedural rules in relation to written representations.

Part 4 – Supplementary Provisions

Part 4 contains general provisions that apply to all appeals, including:

• Supply of documents – including the requirement that documents which are required or permitted to be supplied under the Draft Regulations must be supplied in writing and may be supplied electronically.  When documents must be supplied in duplicate;
• Extending time limits and requesting further information – the Appointed Person’s powers to manage the process;
• Site inspections – how and when these may occur;
• Withdrawal of applications – the process for withdrawing an appeal before determination; 
• notification of outcome – who must be informed of the Appointed Person’s decision.

While the Draft Regulations set out procedures to be followed by the Appointed Person, this consultation will be of interest to PEDW and any other persons who may be appointed by the Welsh Ministers to determine applications made under sections 38 and 43 of the Act, owners of land where a disused tip is located, landowners adjacent to a tip, persons with an interest in a section 35 notice (as defined in section 37(2) of the Act), and any persons who may support applicants during the application or determination process.

This technical consultation on the Draft Regulations and Draft Guidance will run for twelve weeks. Following the end of the consultation, all responses will be carefully analysed and any necessary amendments to the Draft Regulations and Draft Guidance will be made.  It is intended that the Disused Mine and Quarry Tips (Appeals and Reimbursement of Expenses) (Wales) Regulations will be laid before the Senedd in due course, with the Regulations coming into force on 1 April 2027. 

The consultation seeks feedback on clarity, time limits, communication methods and fairness of the proposed procedures. The consultation questions are set out in Annex A. If there are any other matters which you would like to comment on when considering this consultation, we would welcome your views.

Please use the consultation response form to respond to the questions below.

Overall views on the draft Regulations

Q1 How practical do you think the procedures set out in the Draft Regulations are for the Appointed Person when determining applications?

Please provide comments, including any areas that could be clarified.

Q2 Do you think there are any steps in the procedures that could be simplified while maintaining fairness and transparency?

• Yes
• No

If yes, please provide details.

Applications: content requirements and initial checks

Q3. Do you think the requirements for the contents of applications under section 38 (Regulation 4) and section 43 (Regulation 21) set out the information needed to determine applications?

• Yes
• No

If no, please provide comments.

Q4. Do you think the Draft Regulations should include a specified time period for the appointed person to decide whether an application meets the content requirements (Regulation 4 and Regulation 21)?

• Yes 
• No

Please provide any comments

Procedures for section 38 and section 43 applications

Q5. How fair and proportionate do you think the proposed procedures are for determining section 38 applications (to vary or cancel notices issued under section 35)?

Please provide comments.

Q6. Do you think section 43 applicants should have an opportunity to respond to the Authority’s representations, and if so what timeframe would be workable?

• Yes
• No

If yes, please provide comments.

Time limits and case management

Q7. Do you think the proposed time limits of 4 weeks for representations and 2 weeks for comments on section 38 applications provide a reasonable timeframe for responding?

• Yes 
• No

Please provide comments

Awarding costs 

In some other appeal regimes, parties can apply for an award of costs. Awards of costs can exist to address situations where one party has behaved unreasonably and has caused another party to incur unnecessary or wasted expense as a result.  

Q8. Do you think the Draft Regulations should include a provision allowing the Appointed Person to award costs in hearings and inquiries where unreasonable behaviour has caused another party to incur unnecessary or wasted expense as a result?

• Yes
• No

Please provide comments

Notices transparency

Q9. Do you think the range of notices issued by the Appointed Person (such as appeal start date and changes in procedure) will enable all parties to understand what is happening and when? 

• Yes
• No

If no, please provide comments.

Draft guidance: clarity and usability

Q10. Do you have suggestions for improving the Draft Guidance (such as changing the structure, additional explanation or additional examples)?

Please provide comments.

Any further comments

Q11. Are there any other comments you wish to make on the Draft Regulations or Draft Guidance?

If so please provide here

Welsh Language

Q12. What, in your opinion, would be the likely effects of the Draft Regulations on the Welsh language? We are particularly interested in any likely effects on opportunities to use the Welsh language and on not treating the Welsh language less favourably than English.

• Do you think there are opportunities to promote any positive effects?
• Do you think there are opportunities to mitigate any adverse effects?

Supporting comments:

Q13. In your opinion, could the Draft Regulations be formulated or changed so as to:

• have positive effects or more positive effects on using the Welsh language and on not treating the Welsh language less favourably than English; or
• mitigate any negative effects on using the Welsh language and on not treating the Welsh language less favourably than English?

Q14.  We have asked a number of specific questions. If you have comments about any related issues which we have not specifically addressed, please use this space to report them: