COAL TIPS - THE NEED FOR LEGISLATIVE CHANGE
Huw Irranca-Davies MS says: "We will all be familiar with the very recent coal-tip slippages in the Rhondda. We have harsh memories in Wales of coal tip slips which hark back to the tragedy of Aberfan. So getting the monitoring and inspection measures right is critical, and getting the law right is too.
There is a Wales-wide study going on at the moment to identify and take measures wherever necessary on any coal tips, especially because of the increasing heavy rainfall we are experiencing year after year through the effects of global warming.
One other thing has already become clear. The current law - around ownership and responsibility - is out of date and not fit for purpose. As such, the Law Commission are taking views on reforms to the law. I will be submitting my views, but here - in case you want to find out more and submit your views directly - is the letter I have received and the links to the consultation.
I also attach a link to a recent piece in the Western Mail which puts some of the issues quite succinctly:
Here is the letter and link to the consultation:
"Dear Huw Irranca-Davies MS,
I am pleased to inform you that the Law Commission’s consultation paper on Regulating Coal Tip Safety in Wales (LC 255) has been published today.
The consultation paper considers current legislation relating to coal tip safety and options for new Welsh legislation to ensure an integrated and future-proofed regulatory system which adopts a uniform approach to inspection, maintenance and record-keeping throughout the life cycle of a coal tip.
We ask stakeholders for views on our provisional proposals as to the features that should be included in a replacement regime, and ask more open questions where we have not been able to formulate a provisional proposal.
The consultation paper can be downloaded from the Law Commission’s website in both English and Welsh at Regulating Coal Tip Safety in Wales | Law Commission
It is published alongside a summary, also available in both English and Welsh, and a draft impact assessment.
The web page contains a link to an online form for consultation responses. We will also accept consultation responses by email or by post.
The consultation will run until 10 September 2021.
| Comisiwn y Gyfraith | Law Commission"