‘DESPERATE NEED’ FOR TIP SAFETY STUDY
COUNCILLORS CALL FOR REVIEW INTO MINES LEGACY
A MAJOR review of the law on coal tip safety is “well overdue”, Valleys councillors have said.
Across the nation there are about 2,000 disused coal tips some of which present risks such as instability and coal tip slides, flooding, spontaneous combustion, and pollution.
The Law Commission of England and Wales is consulting on proposals to improve outdated laws and manage risks associated with coal tips.
These include setting up a “supervisory authority” with responsibility for the safety of all disused coal tips.
The authority would compile a register of all disused tips in Wales and arrange inspections.
The proposals came before Rhondda Cynon Taf’s (RCT’s) overview and scrutiny committee on July 5.
In RCT, disused tips are regulated by the Mines and Quarries (Tips) Act 1969. with some owned by the council, some privately owned, and others under the control of the Coal Authority or Natural Resources Wales.
Following storms in February 2020, a number of landslides occurred including at Tylorstown tip where more than 30,000 cubic metres of the hillside slid into the river valley.
The committee report said: “The proposals look to improve how coal tips are regulated and maintained under a new regulatory framework which would promote consistency across the country and more importantly avoid risk and danger through an enhanced safety regime.
“The regime would develop a coal tips register, compiled and maintained by the supervisory authority and ensure regular inspections of coal tips.”
Representatives of the Law Commission for England and Wales were in attendance at the meeting.
Councillor Pauline Jarman said: “There is no doubt there is a desperate need for the mining legacy to be overhauled and reviewed.”
Cllr Jarman asked if the brief will look at liability or will this remain a matter for the Welsh and UK governments.
Nicholas Paines QC, the law commissioner, said the project is being conducted at the request of Welsh Government so it would involve primary legislation in the Senedd.
Roger Waters, the council’s director of frontline services told the committee that all tips are inspected regularly and in accordance with risk.
The council has had £1m from the Welsh Government towards tip maintenance in the previous financial year and has put forward proposals for more funding.
There has been £2.6m spent on phase two and three of the works at the Tylorstown pit with most spend set to take place next year to deal with the material that is still on the hillside.
Councillor Gareth Hughes said: “It is clear that the legislation needs updating and isn’t fit for purpose.”
He said he welcomes the review and new legislation adding that “the UK Government should put its hand in its pocket.”
He said Wales and RCT are disproportionately affected by this.
Cllr Jarman asked if the mining legacy will be considered in relation to other safety risks around coal tips such as spontaneous combustion.
Mr Paines QC said they do consider spontaneous combustion and they are asking whether the remit of any new authority should be extended to cover other tip hazards such as spontaneous combustion.
The deadline for responses to the consultation is September 10 and those responses will contribute to the recommendations for the Welsh Government and publication of a final report in early 2022. The committee agreed to draw up its official responses at its next meeting.