The Disused Mine and Quarry Tips (Wales) Bill (‘the Bill’) was prompted by a series of coal tip landslides that occurred in Wales following storms’ Ciara and Dennis in 2020, including a major landslide of a disused coal tip in Tylorstown. The Bill seeks to update the Mines and Quarries (Tips) Act 1969, to more effectively manage the 2,573 coal tips and over 20,000 non-coal tips within Wales so they do not threaten human welfare, by reason of their instability. To drive this management framework, the Bill proposes to create a new public body – the Disused Tips Authority for Wales (‘the Authority’), which would assess, register, monitor and manage disused tips.
To prevent disused tips from threatening human welfare through instability. The aim is for the Bill to be preventative and proactive rather than reactive. The first section of the Integrated Impact Assessment discusses the need to anticipate impacts of climate change on tip stability, such as the trend of increasing rainfall and storms. It seeks to do this by:
The current categories of R,A,B,C, and D would be replaced by a simpler two-step assessment process. The first step would be a desk-based risk assessment, the results of which may recommend a subsequent full assessment.
Key changes introduced by the Bill include:
Context 1
The Integrated Impact Assessment claims the Bill does not deal with coal tip remediation, and does not increase the likelihood of movement and potential combustion of coal that can accompany coal tip remediation. The Assessment goes further to state that the Bill’s preventative action will reduce the need for coal tip remediation and works required after coal tip slips. Coal Action Network believes these claims to be sincere but inaccurate.
Coal tip remediation involving coal removal and earthworks is presented as a solution to permanently prevent future coal tip instability. It does not substantively differ from other actions such as irrigation to prevent instability.
The UK Government’s proposed coal licencing ban wouldn’t currently prevent ‘re-mining’ coal tips. Additionally the patchwork of laws and policies in Wales is failing to prevent mining companies extracting coal or bringing new applications for coal mining and extensions in the past few years, with Local Planning Authorities shouldering the burden. This Bill may inadvertently increase pressure on resource-strapped Local Planning Authorities by fuelling a new wave of coal extraction applications, such as the current proposal by ERI Ltd to ‘re-mine’ two coal tips in Bedwas in a practice that dates back to at least 1984.
ERI Ltd is a private company offering to permanently remove tip stability risks at no charge to the landowner (Caerphilly Council) in return for selling the extracted ‘waste coal’, which we believe would be an attractive prospect to other landowners facing coal tip liabilities under the new Bill too.
Our recommendation 1
To prevent the unintended potential for the Bill to encourage an industry oriented towards ‘re-mining’ disused coal tips under the guise of preventing future instability, we recommend that the Bill includes a provision prohibiting coal extraction for commercial gain from disused coal tips.
Context 2
In our context to recommendation 1, we outline how – in practice – the Bill may fuel an industry oriented towards ‘re-mining’ coal tips. As a result, the decision to exclude a full Climate Change Impact Assessment and Carbon Impact Assessment from the Bill’s Integrated Impact Assessment should be reversed.
Our recommendation 2
The Bill should be accompanied by a full Climate Change Impact Assessment and Carbon Impact Assessment, given the potential of the Bill in its current form to encourage applications for coal tip ‘re-mining’.
Context 3
Over 85% of disused coal tips (and 90% of coal tips with higher stability risks) in Wales are located in the South Wales valleys, and – according to the Welsh Indices of Multiple Deprivation – are based in communities classed as amongst the 10% most deprived in Wales. As the Government’s Integrated Impact Assessment outlines, preventing coal tip slips would benefit lives, land, and housing in these areas.
Our recommendation 3
To realise this benefit, it is vital that the design and execution of stability works on coal tips prioritise minimising potential impacts on the wellbeing of these socio-economically disadvantaged communities – for example in operating hours, HGV movements, flora clearance, restriction of public access to green spaces etc.
The Welsh Government’s long-awaited Bill is expected to be presented to the Senedd before the end of 2024. The very recent Cwmtillery tip slip will make this Bill a more politically charged issue. It will also raise scrutiny over whether measures in the new Bill mark a sufficient improvement on the Mines and Quarries (Tips) Act 1969, which is being shown up as inadequate to prevent potentially deadly coal tip slips today. The new Bill must prohibit the sale of any coal from coal tips during remediation on the safety grounds that it’ll contribute to fuelling the climate change threatening the stability of all coal tips.
Coal tips, also known as coal spoil or slag heaps, and overburden are large mounds of waste soil, rocks, and fragments of coal that was dumped there as it was originally in the way between a mining company and the profitable coal it wanted to mine. Sometimes, mining companies promised to return these coal tips down the holes or into the voids they created, but often claimed bankruptcy or found loopholes to avoid this costly process. There are over 2,500 coal tips peppering Wales alone.
The coal tip slip in the town of Cwmtillery on Sunday 24th November 2024 occurred during Storm Bert, which brought intense rainfall. The coal tip is Category D, which means it is monitored every 6 months – and the last report did not flag any major issues. It follows on from the coal tip slip in 2020, which sent 60,000 tonnes of soil and rocks tumbling in Tylorstown, Rhondda Cynon Taf. That compares with 40,000 tonnes of debris that were dislodged and tumbled into a school in the infamous Aberfan disaster of 1966. Unlike the Aberfan tragedy, the two recent coal tip slips luckily resulted in no loss of human life.
What each of these coal tips have in common is that they occurred after a period of heavy rain. Leader of Blaenau Gwent council Steve Thomas commented on the recent coal tip slip in Cwmtillery, saying "We can confirm that we are dealing with a localised landslide believed to be caused by excess water as a consequence of weather experienced during Storm Bert."
Geologist Dr Jamie Price explained: "Both more prolonged and more intense rainfall events will heighten the risk of coal tip collapses….Increases in the moisture content of the coal tips and increases in groundwater level in general can affect the stability of these coal tips and could induce failure and collapsing of the coal tips."
A Cabinet Statement by the Welsh Government in 2023 stated “Winter rainfall has increased in Wales in recent decades, and the Met Office predicts that it will increase further as a result of global warming.”. By 2050 it's thought it could get 6% more rainy in winter in Wales, with as much as 13% more rain by the 2080s. Human-induced climate change made the heavy storm downpours and total rainfall across the UK and Ireland between October 2023 and March 2024 more frequent and intense, according to a rapid attribution analysis by an international team of leading climate scientists. This is exactly what we recently experienced with Storm Bert which led to the most recent coal tip slip in Cwmtillery.
ERI Ltd is a mining company that’s seized on community fears in Bedwas, South Wales, to propose mining two of coal tips in the area of around 500,000 tonnes of ‘waste’ coal contained within them on the promise of levelling out the coal tips afterwards. ERI Ltd is tempting Caerphilly County Council with the offer to do this at no cost to the Council, claiming it’ll use a portion of the profits gained by selling the coal it removes from the tips. The problem with this approach is:
ERI Ltd launched its pre-application consultation in early 2024 to mine two coal tips in Bedwas, South Wales. The company is proposing to extract a total of around 468,000 tonnes of coal from both tips. This would drive further climate chaos by over 1.3 million tonnes of CO2, as well as devastate the coal tips’ natural regeneration over the past 30 years since it was abandoned. The project also endangers the beautiful Sirhowy Valley Country Park bordering one of the tips. ERI Ltd claims it would use some of the profits from the coal mining to restore the coal tips afterwards. This amounts to more coal mining to clean up the mess left by old coal mining—we’ve been here before with the nearby Ffos-y-fran site, and we know it doesn’t end well.
With over 300 category D coal tips in South Wales alone, ERI Ltd’s proposal could trigger a new wave of coal mining if it were successful. For the sake of localised impacts and our collective climate, we are therefore committed to challenging an application by ERI Ltd every step of the way, together with the local community resistance, Sirhowy Valley Country Park support group, Good Law Project, Friends of the Earth Cymru, and Climate Cymru.
Regular safety monitoring is considered sufficient for most category D coal tips abandoned by the coal industry in South Wales. But for coal tips that pose a danger to nearby communities, more coal mining isn’t the solution—we need swift remediation sensitive to local ecologies and lives. These diverse fungi were spotted by a local resident on a single walk nearby the coal tips:
Mining company, ERI Ltd, is applying to mine nearly half a million tonnes of coal from two coal tips dumped in Caerphilly, South Wales by the same mining industry last time it operated in the area. The company claims it’ll use some of its profits from coal sales to remediate the two tips afterwards. But this is just to greenwash its mining application as a ‘remediation project’—a ploy with a long history in South Wales. Nobody’s buying it; companies cut and run when the profit dries up, with over 300 coal tips abandoned in South Wales to prove it. Moreover, the two coal tips that would be mined are not considered in danger of slipping, and ERI Ltd doesn’t want to touch the most worrying coal tips nearest residents in Bedwas as those aren’t profitable or are on private land.
A local campaign has sprung up to fight for a better alternative than another coal mine. Friends of Sirhowy Valley Country Park needs your help to fund:
Published: 18. 04. 2024
Mining company, ERI Ltd, is applying to mine nearly half a million tonnes of coal from two coal tips dumped in Caerphilly, South Wales, by the mining industry last time it operated in the area. It's vital we stop this shameless attempt to exploit the mess left behind by the mining industry to justify yet more mining. If the coal tip mining were to go ahead, it would:
'Energy Recovery Investments Ltd' is proprosing to extract coal from large coal tips created by the Bedwas Colliery (1913 - 1985) in Bedwas, Caerphilly, South Wales over an operational period of 7 years (but this is often extended later). The company claims that it would use some of the sales of the coal to restore those coal tips afterwards. Based on historical estimates, the total volume of the Tips is approximately 5,000,000m³ which equates to around 8,500,000 tonnes of colliery spoil. The company claims that it expects to haul 468,000 tonnes of coal off the site via 20-tonne heavy goods vehicles (HGVs), driving further climate chaos by over 1.3 MILLION tonnes of CO2.
The Tips are classified as Category D which is defined as “A tip with the potential to impact public safety, to be inspected at least twice a year.”. The main risks associated with Bedwas are understood to be risk of tip fire and contamination of local watercourses (including Rhymney River), with land stability being of a lesser concern.
'Energy Recovery Investments Ltd' has not disclosed what proportions of coal will be sold to which market but does indicate "ERI’s proposal is to sell on these stockpiles of coal to heavy industry, the cement manufacturing industry and potentially energy production industry...", and elsewhere cite the steel sector and brickworks as potential customers.
The company would need to build a new section of haul road 575m long and 6m wide cut into the rock, and widen the existing forest track - possibly at the loss of trees bordering the road. It would involve works on setting up the site starting at 6am and continuing into the night until 10pm (16 hours/day, 15 hours every Saturday, and only Sunday without works) for 6-9 months (but this is likely to be extended, as is common for projects like this). Outside of these hours, maintanence works could still occur, according to the company. The company estimates an average of 90 hauls by HGVs per week to occur over the seven years operational period. This is equivalent approximately to 18-20 hauls HGVs going to and from the site every day.
The coal tips lie above a coal seam, which the company claims it would coincidentally have to dig into to create 'lagoons' for processing the coal from the coal tips. That's right, Energy Recovery Investments Ltd claims it needs to mine the coal in the seam, creating a further coal tip, in order to mine the coal in the coal tips already created. The company is trying to rebrand the coal mined from the tips and from digging the lagoons, as 'reclaimed' and 'incidental' coal respectively, in an attempt to get around Welsh Government policies against further coal extraction.
Energy Recovery Investments Ltd creates a new name for the coal it proposes to mine: "Reduced Carbon Coal" - a name based on the claim it could displace coal imported with the associated travel miles. This is an old argument that has been debunked many times. See our video with Economics expert, Prof. Paul Ekins or our myth-buster.
The company is so keen to distance this project from a coal mine, it has gone into greenwash overdrive - refusing to even call a coal washery by its normal name, and instead rebranding it as a "beneficiation/processing plant.
With absolutely no evidence or calculations, Energy Recovery Investments Ltd makes the outlandish claim in its planning statement that any, eventual and additional, 'carbon sink' like properties of the site after operations have finally ceased may offset the processing and extraction of the coal, transport by deisel HGVs, and end use.
Energy Recovery Investments Ltd presents the mining of coal as "a beneficial by-product of the tip reclamation process". It's the very objective of this company to generate a profit for itself from the mining of the coal tips - it is very far from being a by-product.
Energy Recovery Investments Ltd claims that a proportion of its coal will be used at steelworks, necessary for green infrastructure - a common argument which is even less true today than it was previously, as both virgin steelworks in the UK converts to using processes for producing steel from scrap that doesn't rely on coal inputs, ending the UK steel market for coal.
Energy Recovery Investments Ltd is a small company with assets valued at £114,000 in its 2022 annual financial accounts on Companies House – but only £9,000 cash assets. This is concerning as there would be limited scope to recover damages if mistakes are made or the company refuses to remediate the coal tips after extracting profitable coal from them.
The company was registered in 2008 and “the principle activity of the company is the recovery of coal from redundant coal tip sites”. But since 2012, the company has idled with zero staff until employing just 2 staff a decade later in 2022. Energy Recovery Investments Ltd has only operated one other site, in 2008, Six Bells and Vivien Tips near Abertillery, South Wales - which it extracted 260,000 tonnes of coal from over 2.5 years, by subsequently getting permission to opencast coal mine one end of the site.
Despite all its efforts to distance itself from coal mining, Energybuild Ltd (the coal mining company at Aberpergwm) has previously been a major shareholder in Energy Recovery Investments Ltd.
ERI Ltd is the wholly owned subsidiary of PPM Holdings Limited, a company incorporated in just 2022 with no published company accounts and currently registered as a ‘non-trading company’. The current Director of PPM Holdings Limited, Sian Thomas, was previously Director of Green Steel Works Ltd, which deals with ‘Remediation activities and other waste management services’ and is the official office address for Energy Recovery Investments Ltd. This kind of complicated and confusing corporate structure is typical of mining companies, and has been used in the past to evade corporate accountability. The other Director of PPM Holdings Limited is Mark Harvey, is a Director of 6 companies dealing with mineral waste disposal and storage, and real estate.
This proposal has strong similarities with the sprawling Ffos-y-fran opencast coal mine. The sale of the coal from this mine was to pay for the restoration of a neglected hill in Merthyr Tydfil to the extent the coal mine was even branded as the "Ffos Y Fran Land Reclamation Scheme". Yet, the profits from 16 years of coal mining has been put of reach, and the local Council faces up to £120 million shortfall to pay for the much greater restoration works now needed. We don't want Bedwas to become the next Ffos-y-fran disaster.
With over 300 at-risk coal tips registered across South Wales, and financial shortcomings to pay for their remediation, the concern is that the Bedwas coal tip is a testing ground for remediating the remaining coal tips. This would be disasterous for our climate and represent total contempt for the Wellbeing of Future Generations Act. The company has presented a planning statement littered with the tired justifications of mining companies. Stay tuned as we ask for your help in this campaign.
