Guidance to the Disused Tips Authority for Wales

Date of issue: 29 June 2026 
Action required: 18 September 2026

Responses to this consultation should be emailed/posted to the address below to arrive by 18 September 2026 at the latest.
 

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

The consultation documents can be accessed from the Welsh Government’s website.

For more information:

Mining Legacy, Water and Flood 
Local Government, Housing, Rural Resilience and Sustainability Group 
Welsh Government
Cathays Park
Cardiff
CF10 3NQ
email:  DisusedTipsConsultations@gov.wales 

This document is also available in Welsh

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Wales has a proud and deep-rooted mining history. For generations, our communities powered the industrial revolution and shaped the modern world. But this legacy has left behind thousands of disused mine and quarry tips, some of which pose real risks to public safety, especially in the face of climate change and increasingly extreme weather events. 

The tragedy of Aberfan remains etched in our national memory. More recent events, such as the landslides at Tylorstown and Cwmtillery, remind us that the legacy of mining is not just historical - it is lived and felt by communities today. That is why we have taken action. Through legislation and the creation of a new public body, we are working to ensure that no family in Wales lives with the fear that the land around them may become unstable as a result of a disused tip.

The enactment of the Disused Mine and Quarry Tips (Wales) Act 2025 represents a landmark moment. It is robust legislation that addresses the legacy of mining and aims to ensure the safety of disused tips. The Act establishes the Disused Tips Authority for Wales (the Authority), a new public body with the responsibility to assess, monitor and manage disused tips with a view to ensuring that they do not threaten human welfare by reason of their instability.

This consultation seeks views on the guidance Welsh Ministers will issue to the Authority. The guidance aims to support the Authority in exercising its powers effectively and transparently, so that communities are protected and so that the Authority works in ways that reflect the views of those it serves and collaborates with.

We are committed to working collaboratively with stakeholders, delivery partners and the public to shape this guidance. Your views will help ensure that the Authority operates in a way that is fair, proportionate and responsive to the needs of communities across Wales.

Why are we issuing guidance to the Authority? 

The Disused Mine and Quarry Tips (Wales) Act 2025 (the Act) establishes a new legal framework to manage the safety risks associated with disused tips across Wales. It responds to longstanding concerns about the stability of these sites, particularly in light of climate change and recent landslide events.

The Act requires the Welsh Ministers to give and consult on guidance to the newly established Authority on the following areas: 

• charging fees;
• monitoring registered tips;
• preliminary and full assessments;  
• compensation for damage or disturbance caused by monitoring or assessment activity; 
• payments in connection with operations; and 
• management plans.

In addition to these, the guidance also includes: 

• appeals;
• categorisation of tips;
• cross-border issues; 
• dispute resolution;
• engagement with owners and interested parties; and
• notices. 

The aim of the guidance is to support the Authority in fulfilling its statutory duties and to ensure it operates consistently, proportionately and effectively, with a clear focus on public safety and environmental resilience. It will help shape how the Authority prioritises its work, communicates with stakeholders and applies its powers under the Act.

What is the consultation about 

This consultation seeks views on the draft guidance that Welsh Ministers are required to issue to the Authority under the Act. The guidance will support the Authority in carrying out its statutory functions, which include assessing, monitoring and managing disused tips.

The guidance sets out how the Authority should approach its duties in a consistent, proportionate and transparent manner. It covers key areas such as assessment, categorisation, engagement with landowners and communities and the publication of relevant information. The aim is to ensure that the Authority operates effectively and in a way that builds public confidence in the new regime. We are inviting feedback from stakeholders to help shape the final version of the guidance before it is formally issued.

Evidence for change 

The need for change has been clearly demonstrated through a combination of historical experience, recent events and stakeholder engagement.

Wales’s mining legacy has left behind thousands of disused tips, many of which are located close to communities. While some pose minimal risk, others have been shown to be unstable, particularly during periods of heavy and sustained rainfall. The tragic events at Aberfan in 1966 remain a stark reminder of the potential consequences of tip failure. More recently, landslides at sites such as Tylorstown and Cwmtillery have highlighted the ongoing risks and the limitations of the current legislative framework.

The Mines and Quarries (Tips) Act 1969, which previously governed tip safety, was not designed to address the scale or complexity of the legacy issues in Wales nor the challenges posed by climate change. It lacked provisions for proactive monitoring, central oversight and consistent standards across regions.

Extensive engagement with local authorities, technical experts and affected communities has reinforced the need for a new approach. Stakeholders have consistently called for:

• A centralised body with clear responsibility for tip safety;
• A consistent and transparent approach to risk assessment and intervention; and
• Improved communication and engagement with communities living near disused tips.

The Act responds to this evidence by establishing the Authority and requiring Welsh Ministers to issue guidance to support its operation. The guidance will ensure that the Authority’s work is informed by best practice, proportionate to risk and responsive to the concerns of those affected.
This consultation forms part of the Welsh Government’s approach to developing the guidance collaboratively with stakeholders. By seeking views from technical experts, local authorities, landowners and communities, we aim to ensure the guidance reflects both the practical requirements of tip management and the priorities of those living near disused tips.

Where are we now? 

Work is progressing to ensure the Authority is ready to begin functioning by April 2027, in line with the Act.

Preparations include:

• piloting monitoring equipment to support future tip assessment and data collection, helping to inform the Authority’s approach to risk management;
• appointment of the Chief Executive, the Chair of the board and 5 board members, to establish strong governance and strategic direction; 
• designing operational systems and processes to support the Authority’s core functions, such as tip registration, monitoring and intervention; and
• building the evidence base, including mapping and data gathering, to support a consistent and risk-informed approach across Wales.

These steps are laying the groundwork for a fully functioning Authority that can deliver its responsibilities effectively from day one.

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

Clarity of the Guidance

Question 1

Does the guidance clearly set out how the Authority is expected to carry out its functions under the Act?

Yes
No

If no, please state why not here: 

Question 2

Do you have suggestions for improving the structure or accessibility of the guidance?

Yes
No

If yes, please state here: 

Communication

Question 3

Is the guidance clear about the information the Authority is required to give or to publish under the Act? 

Yes
No

If no, please state why not here: 

Question 4

Is the guidance clear about the additional information the Authority is expected to make publicly available?

Yes
No

If no, please state why not here: 

Assessment and Categorisation

Question 5

Are the processes for undertaking preliminary and full assessments clear and appropriate?

Yes
No

If no, please state why not here: 

Question 6

Is the guidance about the criteria for registration and categorisation clear?

Yes
No

If no, please state why not here: 

Management Plans

Question 7

Does the guidance clearly explain the information that management plans must contain under the Act, as well as the additional detail the Authority is expected to include?

Yes
No

If no, please state why not here: 

Question 8

Is the level of information expected in management plans proportionate and clearly explained?

Yes
No

If no, please state why not here: 

Question 9

Is the guidance clear about how the Authority should work with landowners, adjacent landowners, public authorities and emergency responders when preparing management plans?

Yes
No

If no, please state why not here: 

Inspection and Monitoring

Question 10

Does the guidance clearly explain the statutory inspection frequencies?

Yes
No

If no, please state why not here: 

Question 11

Does the guidance provide sufficient clarity on when additional inspections or monitoring should be undertaken?

Yes
No

If no, please state why not here: 

Notices

Question 12

Does the guidance clearly explain what notices the Authority must issue and in what circumstances?

Yes
No

If no, please state why not here: 

Question 13

Is the guidance clear about the legal requirements for giving notices, including in cases involving Crown land, residential land or where ownership is uncertain?

Yes
No

If no, please state why not here: 

Cost Recovery and Charging for Information and Advice 

Question 14

Is the explanation of when the costs involved in undertaking investigations and operations can be recovered clear?

Yes
No

If no, please state why not here: 

Question 15

Does the guidance clearly set out what advanced costs information, in relation to investigations and operations, that the Authority is expected to provide, and when the Authority may recover those costs? 

Yes
No

If no, please state why not here: 

Question 16

Is the guidance clear about what options the Authority should provide to landowners who are not be able to meet the costs the Authority proposes to recover?

Yes
No

If no, please state why not here: 

Question 17

Is the guidance clear about when the Authority can charge for information and advice? 

Yes
No

If no, please state why not here: 

Compensation 

Question 18

Does the guidance clearly explain the circumstances in which compensation can be claimed? 

Yes
No

If no, please state why not here: 

Question 19

Are the examples provided in the guidance helpful in illustrating these circumstances in practice?

Yes
No

If no, please state why not here: 

Question 20

Does the guidance provide enough clarity about the policies and procedures the Authority should develop for handling compensation claims?

Yes
No

If no, please state why not here: 

Cross-border arrangements 

Question 21

Is the guidance on cross border tips sufficiently clear regarding responsibilities under the Act and the Mines and Quarries (Tips) Act 1969?

Yes
No

If no, please state why not here: 

Dispute resolution

Question 22

Is the guidance clear about the expectation that the Authority should avoid disputes through early communication and engagement?

Yes
No

If no, please state why not here: 

Question 23

Is the explanation of alternative dispute resolution options clear and useful?

Yes
No

If no, please state why not here: 

Final Reflections

Question 24

Are there any areas you feel have been overlooked?

Yes
No 

If yes, please state why here: 

Question 25

What, in your opinion, would be the likely effects of the guidance 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:

Question 26

 In your opinion, could the guidance 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?

Supporting comments:

Question 27

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

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