·
To select appropriate items from the Cabinet agenda for pre-decision
scrutiny (cabinet reports enclosed for Scrutiny Members)
·
To select appropriate items from the Cabinet (Finance) Sub Committee
agenda for pre-decision scrutiny (Cabinet Finance Sub - Committee reports
enclosed for Scrutiny Members)
Minutes:
The Committee scrutinised the
following Cabinet Board items:
Management of Risk and
Liabilities of disused Mine and Quarry Tips within the Authority and the future
management of Coal Tip Safety.
Members were advised of the
risks and liabilities associated with the historic coal and quarry waste tips
within the Authority. Members were also update on the work of the Welsh
Government Coal Tip Safety Task Force and the Law Commissions consultation
exercise on the future management of Coal Tip Safety in Wales, as detailed
within the circulated report.
Members shared concerns
around the responsibilities that now lay with private owners and the Local
Authority. It was felt that the purpose of the Coal authority were to manage
these sites, however the land owners were now required to maintain these spoils
which have an impact on cost. It was asked that these concerns be raised with
the Law Commission. Officers understood the concerns raised by members and
reassured members that they had also raised the same concerns with Welsh
Government. It was noted that discussions had taken place around potential
funding that maybe available to help fund these costings imposed on the private
land owners.
Members expressed further
that they would like consideration to be given in writing to the Law commission
raising the concerns around the responsibilities around monitoring and
maintenance that now lie with the land owners.
Members asked what monitoring
were there around the spoil tips of open cast mining. It noted that the large
open cast mines within the county borough are designed to be stable, copies of
the plans of the mines are sent to NRW and the Coal Authority to ensure the
safety for future generations.
Confirmation was sought
around whether Category C and D tips that weren’t included in the bids would
still be inspected. Reassurance was provided and officers confirmed that
inspections of all Category C and D tips would continue dependant on future
funding.
Discussions took places
around the 7% of tips that are unregistered and what monitoring would be
required. Officers highlighted that the council currently doesn’t have a duty
where it would be required to take responsibility. However, it was noted that
the Council may well wish to step in on these occasions for preventative safety
measures. Therefore, it was noted that within the consultation response
officers would reiterate these concerns and ask that the responsibilities be
reconsidered due to the lack of resources and experience with in the council,
allowing responsibility to be with Welsh Government and the Coal Authority.
Members asked where the coal
tips are located in Neath Port Talbot. Officers explained that there are 404 Coal
Tips located all over Neath Port Talbot and explained that identification of
the locations is unavailable at this time, however can be shown outside the
meeting. Officers also explained the details of the categories of the Coal
Tips.
Members discussed what
monitoring was in place for the voids left from previous tips as there were
concerns around the body responsible for these. Officer explained that the responsibility
is with the coal authority, however, they would raise this issue within the
consultation response for clarity.
Members provided reassurance
to officers that the concerns raised today would be lobbied to the local MP’s
to raise their awareness of these issues.
Following scrutiny, members were
in support of the recommendations subject to the additional wording to point 35
of the recommendation and an additional recommendation, as detailed below.
·
That due to the
timescales involved in preparing NPT’s response to the Law Commissions
consultation, that delegated power be granted to the Director of Environment
and Regeneration to prepare and submit a response to the Law Commissions
consultation exercise in consultation with the Cabinet Member for Streetscene and Engineering. With such a response addressing
concerns on the financial responsibility of the maintenance being passed to
land owners.
·
That the Consultation
Response be submitted to the MP’s in Neath and Port
Talbot for consideration.