Disused coal tip management in Wales: environmental regulation under climate change

Abstract

In view of recent coal tip failures in Wales under pressures of climate change conditions, particularly severe rainfall, the Welsh Government has committed to taking preventive action to address threats associated with disused coal tips, which number more than 2,500. This legislation is currently under development, aided by a report from the Law Commission of England and Wales, which recommended the creation of a coal tips register and the designation of an authority for overseeing inspections, assessing risk levels, and ensuring appropriate management. Whilst the intent of such regulatory action on coal tips is the protection of both public safety and environmental health, paradoxically a central barrier to an effective regime is the body of environmental regulations which constrain development. This article reviews such tensions in areas such as waste management, environmental permitting, habitat protection, ecological assessments, and nature conservation, before considering potential solutions to enable timely implementation of coal tip safety measures whilst safeguarding long-term ecological health and sustainability. The conclusion reflects on how the issue of disused coal tip safety serves as a harbinger of the types of legislative challenges likely to arise under climate change.