In November 2024, the new UK Government announced its intention to legislate a ban of new coal mining licences – which we welcomed. Over a year later, the legislation is yet to be introduced, and the Government is not planning to include all types of extraction.

2026 needs to be the year that ALL coal extraction is banned. Here’s Why that is, and How it can be done:

May’s local authority and devolved Government elections will possibly see gains for pro coal candidates. This could result in local authorities across the UK and possibly even the Welsh Government being run by Councillors and Members who are part of a party that has stated its aim to re-open coal mines. While this is impossible in many circumstances; Britain’s 5,000 coal tips are within reach.

The current Welsh Government’s Coal Policy adds a level of scrutiny to potentially prevent coal tip extraction, but a new Government could abandon this policy and approve many of Wales’ 2,590 coal tips to be mined if they have been given approval by local authorities. In England, only local authorities need to approve coal tip extraction- using the same framework which Cumbria County Council used to approve the West Cumbria coal mine.

With more local authorities likely to be led by pro coal Councillors, now is the time to ensure that ALL types of coal extraction are treated equally, banned nationally and that the ban is legislated before any coal tips are approved to be mined by local authorities.

Coal Action Network commissioned leading environmental Barristers Rowan Clapp and Estelle Dehon KC to draft the precise wording of amendments to the Coal Industry Act 1994. This advice showed that relatively minor amendments could be made whilst legislating the coal licence ban to achieve this aim. This advice has been shared with the Government.

Referring to the coal policies of devolved Governments, Energy Minister Michael Shanks told us during a Westminster Hall debate in October; “Their firm view is that they can bring into effect the aim of the Welsh Government and the UK Government to make sure that extraction of coal is a thing of the past. Their view is that their existing powers do that.”

Coal Action Network does not agree that existing powers do prevent further extraction due to the reasons mentioned above. Therefore, we are reaching out to Westminster and the devolved Governments. The Welsh Government in particular needs to consider the wider implications of banning coal tip extraction across the UK. While their coal policy could prevent 2,590 coal tips in Wales from being exploited whilst it is adhered to by a Government which seeks the end of coal; their advocacy for the inclusion of coal tips in this Westminster legislation could almost double their impact by expanding that ban to the other 2,400 coal tips throughout the rest of the UK.

Members of Parliament

• Ask when the Government plans to introduce the coal licence ban legislation. Request that it is introduced in 2026 - particularly as Colombia hosts the world's first fossil fuel transition Conference in April.
• Welsh MPs can write to the Welsh Government asking it to advocate for the Westminster coal licence ban to include coal tips.
• English MPs can highlight to DESNZ that the National Planning Policy Framework (NPPF) could still allow the extraction of coal tips. Hence the need for the coal licence ban to include our suggested amendments.
• Scottish MPs can write to the Scottish Government asking it to advocate for the Westminster coal licence ban to include coal tips.

Members of the Senedd

• Ask the Welsh Government to advocate for the Westminster coal licence ban to include coal tips. They should do this for two reasons:
  • To expand the impact of the Welsh coal policy beyond Wales’ 2,590 coal tips to all 5,000 coal tips across the UK.
  • To safeguard against the possibility of pro coal parties taking power at local and national levels, in Wales and the rest of the UK.

Members of the Scottish Parliament

• Ask the Scottish Government to advocate for the Westminster coal licence ban to include coal tips. They should do this for two reasons:
  • To expand the impact of Scotland’s position against coal extraction to protect all 5,000 coal tips across the UK from being mined.
  • To safeguard against the possibility of pro coal parties taking power at local and national levels, in Scotland and the rest of the UK.

Last month we worked with Members of Parliament from various parties on a Westminster Hall debate about coal tip safety and the prohibition of new coal extraction licences.

The debate happened 59 years and one day after the Aberfan tragedy which killed 116 children and 28 adults. Rooted in this context, the debate highlighted the need to prioritise coal tip safety whilst also preventing the extraction of coal from these tips.

Plaid Cymru MP, Ann Davies, led the debate and highlighted that ‘because of increasingly violent storms caused by climate change, we have experienced further coal tip slips’. This is an important point in this debate as the further exacerbation of climate change, via the extraction and use of more coal, would lead to further slips.

She added ‘The UK Government have pledged to ban new coalmining licences, but they have confirmed their belief that re-mining coal from the tips does not require a licence, meaning that such activity falls outside the scope of the proposed ban. Although the Welsh Government believe that their own planning policies will prevent re-mining, a loophole allowing coal extraction in “wholly exceptional circumstances” has raised concern’.

Labour MP, Gerald Jones, discussed mining companies failing to comply with their legal obligations – a danger which could happen again with coal tip extraction. He used the example of the Ffos - Y - Fran opencast mine in his constituency: ‘When it first opened, the company running the mine, Merthyr (South Wales) Ltd, pledged to fully restore the site after it finished operations. I call on it to honour that pledge.’

Liberal Democrat MP, David Chadwick, reflected on the Reform party policy to re-open the pits earlier in the year. A move which, in many cases is not possible, but would be a clear abandonment of our responsibilities to future generations. He said: ‘The people of the south Wales valleys have given more than enough, and we are still waiting for our new south Wales to emerge. We deserve safety, fairness and a future built on renewal, not nostalgia.’

Labour MP, Steve Witherden, made a passionate and precise demand that the Government include coal tips within its coal licence ban: ‘Mining companies offering to remove coal tips in return for commercial access to coal is an easy answer to a difficult question, which we cannot allow, so I ask the Minister this. If the Government truly believe that the Welsh Government’s coal policy and England’s and Scotland’s planning policies are robust enough to prevent coal extraction, why do investors think otherwise? ERI Reclamation is actively seeking to extract 468,000 tonnes of coal from tips in Bedwas, Caerphilly. It clearly believes that the law allows that, and it is putting serious capital behind the belief. If this is approved—it is an “if”—it could set a dangerous precedent, whereby private profits determine which coal tips are removed and others, with less content, are left. It would be a precedent categorising coal tips by their value rather than their potential impact on public safety. Could we see landowners, burdened by maintenance costs, encouraged to sell access to these sites?

We cannot and must not rely on the private sector to make coal tips safe. That duty falls on us. The Government’s coal licensing ban must be strengthened to include coal tip mining.’

Liberal Democrat spokesperson for energy security and net zero, Pippa Heylings MP, eloquently highlighted Coal Action Network’s legal advice which shows how to include coal tips in the coal licence ban: ‘In practice, extracting coal from a tip is no different from open-cast mining. The method is the same, the disruption is the same, the risks are the same and the emissions are the same. The contradiction can be easily resolved. Leading environmental lawyers, working with the Coal Action Network, have proposed an amendment to the Coal Industry Act 1994 to clarify that the mining of coal from coal tips also requires a licence. That small change would ensure that the Government’s coal ban is comprehensive and future-proof.’

Energy Minister, Michael Shanks MP, concluded the debate, summarising that ‘We acknowledge the suggestion to make this type of coal extraction a licensable activity under the MRA, which would allow for a licensing prohibition, but our view is that the current planning policies around the regulations set by devolved Governments already provide robust frameworks.

We are a Government who believe in devolution. We created devolution in Scotland, Wales and Northern Ireland because we believe in devolving power to those authorities, so they are closer to people and to individual circumstances. It is right that we take their lead on these questions. Their firm view is that they can bring into effect the aim of the Welsh Government and the UK Government to make sure that extraction of coal is a thing of the past. Their view is that their existing powers do that.’

While we at Coal Action Network hope that the Minister’s faith in devolved powers to make coal extraction a thing of the past is well founded; we fear that a different Welsh Government could have an opposing aim and would be able to achieve that under current circumstances. The English National Planning Policy Framework (NPPF) was also not considered by the Minister, which allowed the West Cumbria coal mine to gain planning permission and would also allow coal tip extraction throughout England’s coal fields.

We would like to thank each of the Members for taking part in the debate and making the case for banning coal tip extraction.

Coal Action Network will continue to campaign for the inclusion of coal tip extraction in the coal licence ban.

After the tragic passing of Hefin David MS, a by- election is being held in the Senedd seat of Caerphilly on October 23^rd 2025.

Within the borders of the Caerphilly constituency is the proposed Bedwas coal tips re-mining project. In the lead up to the Senedd by-election, Coal Action Network has carried out a survey of the by-election candidates asking for their views about the re-mining of the Bedwas and other Welsh coal tips.

We asked the same two questions to each candidate:

1. Are you for or against the proposal to re-mine coal from the Bedwas coal tips?
2. Is there anything else you want to add about your attitude toward coal extraction in Wales, coal tip safety or climate change?

Of the eight candidates, six responded. Each candidates response is published in full here, in order of when we received their response:

The Mining Remediation Authority (MRA) has stated that it does not consider coal tip extraction to be a ‘coal mining operation’ because it claims that coal tip extraction does not meet any of the requirements listed within the s.65(1) of the 1994 Act definition of a ‘coal mining operation’ or a ‘coal mine’. As a result, the MRA states that it has no power to licence or not licence mining a coal tip. And DESNZ adds that it does not plan to make any changes so that coal tip mining projects would require a licence from the MRA in future (based on the understanding it is not currently required, which is against our Barristers’ understanding).

This boils down to a difference in interpreting some heavyweight law that’s over 30 years old. Some of the argument hinges on whether you read a sentence such as “to be a thing, it must include the following: X, Y, ‘and’ Z” to mean it needs to be all of X,Y,Z to be the thing, or it’s enough for it just to be Y, for example. The only way to settle the argument is a costly court case with our Barristers on one side and UK Government Barristers on the other side – and the UK Government has much deeper pockets than us.

The civil servants within the UK Government are right now busy cooking up new legislation to ban the MRA from issuing any new licences for coal mining – which is great news because all coal mining needs a licence…so that means no new coal mining projects (existing licences can still be used). The problem is that it won’t ban mining coal tips, because of the MRA’s belief that this doesn’t require a licence in the first place. That means, once this new legislation passes, the only place coal can be mined in the UK is coal tips – which will still be fair game, undermining the intention of the coal ban to stop coal mining.

This is a particularly absurd situation as mining previously discarded coal from coal tips or mining new coal from opencast coal mines involves the same processes – moving large volumes of soil around with HGVs, separating spoil from saleable coal, transporting that coal etc. and generating the same local environmental and community impacts such as noise, dust, and disruption. It will also have the same climate change effects when burned. Mining coal tips is an industry that dates back until at least the 1980s. With over 5,000 coal tips around the UK and a live proposal to mine two coal tips in South Wales of over 400,000 tonnes of coal, we begin to understand why it matters whether coal tips are included within the new legislation to ban coal mining.

PLAN A
The easiest option would be for the civil servants beavering away at the new coal ban legislation to simply include an amendment requiring coal tips to need a licence (via clarification or change to existing legislation). This would bring coal tip mining, opencast mining, and deep mining all within the same requirement for a licence – which the new legislation would then ban in one swoop. Find out more about the simple legal wording our Barristers have suggested including to do this.

PLAN B
If Ministers and civil servants refuse to explicitly include coal tips within the new legislation, we are going to have to consider a legal challenge to the UK Government’s belief that mining coal tip doesn’t need a licence. If we win that, then mining coal tips would be banned within the new legislation by default. We hope you’ll support our fundraising efforts if we are forced to do that.

Although the Disused Mine and Quarry Tips (Wales) Bill creates no new responsibilities additional to what is contained within the Mines and Quarries (Tips) Act 1969, it does both make potentially costly tip maintenance more enforceable and lowers the threshold to act for better prevention of tip instability.

The typical private land owner or even Council may welcome or encourage a proposal from the private sector to flatten the coal tip at no cost to them, rather than face higher ongoing maintenance costs relating to coal tip stability as a result of the above two features of the Bill.  These costs can amount to millions of pounds. Although there has been a keenness to distinguish coal tip remediation from the coal tip safety monitoring and works that this Bill is concerned with, the reality is that this distinction blurs when remedial works can remove stability issues moving forward.

Caerphilly Council spent £1.8m across two coal tips (T10817 and T36144) on routine maintenance and preventative measures over just two years (2021-23). NRW responded to the CCEIC’s consultation, saying the Bill “underestimates the costs of compliance for tip owners”.

The Leader of Caerphilly County Council, in March 2025, wrote in relation to a proposal to mine two Bedwas coal tips by ERI Ltd:

“The risk of the tip is a current and real issue that is managed constantly by the infrastructure team, doing nothing is not an option… The project is designed to use the value within the land to address a risk for which it bears the responsibility to address. In return CCBC receive an asset in the form of a reclaimed tip with reduced maintenance liabilities that will be open to residents of the borough.”

This example is not in isolation either, “Andrew Morgan (WLGA) told the Committee that Rhondda Cynon Taf County Borough Council (CBC) was regularly contacted by private companies with offers to remediate disused tips owned by the council” – p.50, Stage One Report.

The Coal Policy Statement of March 2021 cites that wholly exceptional applications for coal extraction would be considered if they could demonstrate why extraction is needed to “ensure the safe winding-down of mining operations or site remediation.”, amongst other criteria that could also apply to coal tip-remining projects.

The Coal Licencing Ban currently under formulation by the UK Government will also fail to catch such applications as they do not require a licence, only planning permission.

The Hardship Grant Scheme for landowners only exists where those landowners are unable to afford maintenance works, not for those who are technically able to but would struggle to, or understandably prefer to avoid, this new significant financial burden.

To ensure the Bill does not have this unintended consequence, we ask the Cabinet Secretary for Climate Change and Rural Affairs to reconsider including on the face of the Bill an amendment that “That any coal extracted during remediation work cannot sold where there is any possibility of that coal being combusted, on the grounds that this will contribute to the climate change which the Bill acknowledges will increasingly threaten the stability risk of coal tips moving forward”.

This is an amendment supported by the Welsh Local Government Association in its consultation with the CCEIC, civil society (including consultees Coal Action Network and FOE Cymru), and the CCEIC itself in its Stage 1 Report.

We emphasised that the The Disused Mine and Quarry Tips (Wales) Bill, in its current form, carries the very real risk that it could encourage 'remining' so-called waste coal from coal tips under the guise of making those coal tips safe. There is a live proposal to do exactly this for two coal tips in Bedwas, Caerphilly. Read more about coal tip re-mining and safety.

Our message to the Senedd Committee: include a provision in this new Bill prohibiting coal extraction for commercial gain from disused coal tips.

Watch our session with the Committee to find out how the pros and cons of the new Bill, not least encouraging 'remining' coal tips which contain up to 643 million tonnes of coal, emitting up to 1.7 BILLION tonnes of CO2.

1. The Bill should include a provision prohibiting coal extraction for commercial gain from disused coal tips 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,
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’.
3. It is vital that the design and execution of stability works on coal tips prioritise minimising potential impacts on the wellbeing of typically socio-economically disadvantaged communities – for example in operating hours, HGV movements, flora clearance, restriction of public access to green spaces etc.

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:

1. monitoring registered disused tips, with inspections increasing in frequency relative to their risk levels.
2. maintaining tips to promote stability.

• Set up as a ‘body corporate’ (a form of company with its own distinct legal entity, and could be any of five possible types of company)
• Activities: oversees the assessment, registration, monitoring, and oversight of disused tips
• Scope: human welfare put at risk due to tip instability or threats to tip stability
• Powers includes:
  • to require a landowner to make tips stable or prevent tip instability
  • for the Authority to make tips safe
  • obtain (via a contribution order) and make payments (in compensation) relating to coal tip stability and instability issues or events
  • entry to land to undertake its activities
  • requiring and sharing information
• Enforcement: the Bill creates related offences to make the regime enforceable

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:

• Creates a distinct Authority
• Lowers the threshold to intervene in coal tip stability
• General duty to ensure the safety of coal tips
• Power to require tip owners to carry out preventative maintenance to prevent a tip becoming a danger
• Allows local authorities to carry out tip works

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.

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:

1. ERI Ltd is driven by profit, not community concerns so will leave the coal tip closest to Bedwas residents, likely because this wouldn’t be as profitable for the company to mine.
2. Not all Category D coal tips have stability risks – having a one-size-fits-all ‘level it’ approach could needlessly decimate vital ecologies that have slowly emerged around many coal tips over the decades.
3. There is a strong pattern of coal companies abandoning their remediation promises as soon as they’ve sold the coal – which is why thousands of the coal tips exist today. ERI Ltd has little in assets to seize if it does abandon the site years from now. Just this year, Merthyr (South Wales) Ltd abandoned its remediation promises amidst record profits. Similar to ERI Ltd’s proposal, the Ffos-y-fran coal mine was billed as a project to remediate derelict land through coal extraction, but has left it infinitely worse.
4. Coal is the dirtiest fossil fuel and still the number one fossil fuel driver of climate change globally. If coal tip remediation is allowed to be used as a smokescreen for new coal mining, it’ll contribute to fuelling the climate change that’s threatening the stability of all coal tips.

Published: 27. 11. 2024

Thousands of coal tips scatter the UK, but are concentrated in the former coal field areas - and 40% of coal tips are to be found in South Wales. Applications to mine coal tips of coal that was once discarded in the tips but has since become commercially valuable stretch back to at least 1984. We searched a single Local Planning Authority's planning portal within a former coalfield area in each nation of the UK, to provide a snapshot showing how established and widespread this industry practice is.

Wales

• 1984 Caerphilly
• 1998 Caerphilly

Scotland

• 1988 Glasgow

England

• 1994 Doncaster
• 1998 Doncaster
• 2012 Doncaster
• 2014 Doncaster