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«Prepared by Dyfed Archaeological Trust For: Cambrian Mines Trust DYFED ARCHAEOLOGICAL TRUST RHIF YR ADRODDIAD / REPORT NO. 2013/77 RHIF Y DIGWYLLIAD ...»

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i. This is a list of operations appearing to the CCW to be likely to damage the special features of this SSSI, as required under section 28(4)(b) of the Wildlife and Countryside Act 1981 as substituted by Schedule 9 to the Countryside and Rights of Way Act 2000.

ii. Where an operation has been granted a consent, licence or permission from another authority separate consent will not normally be required from CCW, however you should always give notice to CCW prior to exercising such consent, licence or permission.

iii. Any reference to animal in this list shall be taken to include any mammal, reptile, amphibian, bird, fish or invertebrate (including honey bees).

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Figure 6: Elenydd (green) and Mwyngloddfa Cwmystwyth (brown) Sites of Special Scientific Interest superimposed on The Cambrian Mines Trust land

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8 LEGISLATION

8.1 The following section presents a summary of the various legislation that will be relevant to any future works at the Cwmystwyth Mines Site. It is not exhaustive and it is possible that other legislation may be relevant that the author has not been made aware of during the preparation of this document.

 Ancient Monuments and Archaeological Areas Act 1979  Conservation of Habitats and Species Regulations 2010  Countryside and Rights of Way Act 2000  Environmental Protection Act 1990  Mines and Quarries Act 1954  Occupier’s Liability Act 1957 and 1984  Public Health Act 1936  Wildlife and Countryside Act 1981 (as amended) Mine and Quarries Act 1954 / Public Health Act 1936 / Environmental Protection Act 1990

8.2 As the Cwmystwyth Mines site is on open access land, regardless of the fact that a number of the mines have not been worked since before 1872, then the Mines and Quarries Act would consider that any unsecured entrance to underground working which pose a potential danger to the public would be considered a statutory nuisance (Section 151). This Act requires that landowners secure and maintain the entrance to every adit, level and shaft at the site with a sufficient enclosure to prevent any person accidentally entering the outlet or falling down the shaft.

8.3 The landowners can be required by the local authority to construct these secured barriers and keep them maintained through the Public Health Act of

1936. If the landowner does not ensure this is being carried out the local authority can implement such works themselves at the landowner’s expense (through the powers granted via the Environmental Protection Act 1990).

8.4 At Cwmystwyth prior to CMT acquiring the land, Crown Estates did implement a programme of safety measures across the site, placing barriers on all known adits and levels and fencing off shafts. CMT will need to ensure these barriers are maintained, and replace or mend any such barriers that have deteriorated or been removed. The Mine and Quarries Act is specifically to prevent visitors accidentally entering or falling into one of these, but does not prevent access to non-members of the public, such as experienced mine explorers, cavers or licensed bat researchers, who have been given permission to access the site, which would mean that they are properly trained/experienced and have the correct and fully functioning equipment.

Occupier’s Liability Act 1957 and 1984

8.5 Through this act it is the landowner’s responsibility to ensure that where there are known dangers within their land, they have a responsibility to take reasonable measures to prevent members of the public accessing the land from getting injured. Again as Cwmystwyth is open access land, then this would apply to anyone on the site whether invited or otherwise.

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8.6 At Cwmystwyth, ensuring the existing barriers into shafts and adits at the site are functioning and maintained, as required by the Mine and Quarries Act 1954 and Public Health Act 1936, this would go some way to addressing this.

8.7 This can be further adhered to by erecting signage warning members of the public not to enter adits, levels and shafts, and through information provided via interpretation boards, information leaflets and website. These can also be used to warn of other dangers at the site, such as uneven surfaces, loose spoil heaps, stream courses and ravines etc.

Countryside and Rights of Way (CRoW) Act 2000

8.8 The Cwmystwyth Mines site is defined as Access Land under the CRoW Act 2000, and therefore all parts of the site can be accessed by visitors. This means (as noted above) that any adit, level or shaft, irrespective of whether it was last worked prior to 1872, would be considered a statutory nuisance if unsecured or barriers not maintained as they would be accessible to the public.

Ancient Monuments and Archaeological Areas Act 1979

8.9 The Cwmystwyth Mines site is a Scheduled Ancient Monument and therefore protected through the Act, as discussed in Section 4. All works within the area, whether above or below ground, will need Scheduled Monument Consent before they can be undertaken. For emergency repairs, where there are Health and Safety risks, then Class Consent may be granted by Cadw to allow the works to continue, although this would still need to be discussed and confirmed with Cadw before any works are undertaken.





Wildlife and Countryside Act 1981 (as amended) / Conservation of Habitats and Species Regulations 2010

8.10 These are relevant at the site and discussed in part above in Sections 5 – 8 (SAC, SPA, SSSIs). The following European protected species have been

recorded within or in the near vicinity of the site area:

 Horseshoe bats (Greater and lesser)  Other bat species (Daubenton’s, Natterer’s, brown long-eared and Whiskered bats)  Floating-leaved water plantain  Otter (evidence recorded in the River Ystwyth)

8.11 The site contains numerous other species of rare or scarce lichens (specifically Graphina pauciloculata and Opegrepha fumosa) and also Ditrichum plumbicola (lead moss).

8.12 Protection is also afforded to all nested birds during breeding seasons.

8.13 The legislation enforces that it is an offence to: intentionally kill, injure, take (handle) or capture the species and also to intentionally or recklessly damage, destroy or obstruct access to any place that the species uses for shelter or protection. This is most pertinent to bats.

8.14 Where protected species could be affected by any works, then a licence must be granted before any such works can commence. To obtain such licenses, it would be necessary to have initial surveys carried out by appropriately qualified ecologists who would then also put together the application for any necessary license.

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9 REVISED LIST OF ASPIRATIONS OF THE CAMBRIAN MINES TRUST

9.1 The following list is an updated version of the wish list included in the Cambrian Mines Trust ‘A Way Ahead’ document. It includes the updated aspirational item (Items 1 – 11) with a brief description, followed by aims, benefits, Potential Cost, the Key Issues and possible partners in delivering the item. Possible funding sources are discussed in the next section (Section 10).

ITEM 1: Signage to indicate ownership A sign to be located at either end of the site on the B4574, located at least 1m away from the carriageway.

The sign will say ‘Cambrian Mines Trust. Welcome to Cwmystwyth Mines’ in Welsh (top) and English.

The sign could be of similar size and design to the Elan Valley signage which is used at the entrance points to the Elan Valley and the same design used for the visitor centre (see below).

Aims: To inform visitors that the site is a former mining area. To demonstrate that the site is owned and managed. To provide basic information on the site extent and who owns the land.

Benefits: By showing that the site is owned and managed may reduce the amount of unauthorised and inappropriate use of the site (off-roading, materials removal, fly tipping). Educates visitors as to what the site area was.

Cost: Low cost for the actual construction and installation (£1000).

Key Issues: Signage will be located next to highway and therefore will be subject to planning permission and require discussion with Highways to confirm the scale of the signage and ensure it does not cause a danger to users of the highway. If located within the Scheduled area they will need SMC. Details of the signage to be discussed with NRW to ensure it is permissible in terms of the SAC, SPA and SSSI. An initial lichen survey may be necessary for micro-siting the signs (avoiding any colonies of protected lichens). Increased public access to the site could increase potential liability for the Cambrian Mines Trust.

Partners: Design of the signage and text can be done by the Cambrian Mines Trust (CMT), as could application for consents from Cadw and NRW and discussions with Planning and Highways departments of Ceredigion County Council. Final design and manufacture would be done by a third party. It is possible that erection of the signs could be undertaken by volunteers from CMT.

Lichen surveys by specialist Steve Chambers (one of only 3 people who can do such surveys locally, and he has an existing knowledge of the site).

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Example of Elan Valley signage and plan showing approximate location of signage (red circles) at the edges of Cambrian Mines Trust owned land (pink boundary) Reproduced from the Ordnance Survey 1:25,000 scale Explorer Map with the permission of The Controller of Her Majesty’s Stationery Office, © Crown Copyright Dyfed Archaeological Trust, The Shire Hall, Carmarthen Street, Llandeilo, Carmarthenshire SA19 6AF. Licence No 100020930

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ITEM 2: Improved interpretation panels and signage Design of new bilingual information panels for the site.

Relocation of the interpretation board at Nantwatcyn to the mill area.

Replacement of that panel with one describing the South Cwmystwyth Mines (with consent of the land owner).

Design of the signage will include information on the archaeology, geology and ecology of the site and its significance.

A guide for visitors would also be included regarding safe access to the site, no overnight parking, no removal of materials, no off-roading etc. Additional more permanent than presently exist signage warning of dangers within adit entrances or around unsafe structures or potential falls into open stopes or shafts would also be erected. The dangers of natural hazards should also be made known Information panels to be located at various locations to include the mill area (main information on the lead mines site, geology and ecology), Nantwatcyn (South Cwmystwyth Mines Area) and at the foot of Copa Hill adjacent to the car park at Nant Yr Onnen (Bronze Age and later mining).

Additional information leaflets regarding the site may also be designed and made available at surrounding visitor sites and possibly within the Nantwatcyn Pottery (subject to agreement with Duncan and Karen Browning).

Aims: To provide information to visitors on the site history and its significance.

Provide information that the area is protected, being a SAM, SAC, SPA and two SSSIs, and inform visitors regarding safe and permissible access to the site.

Benefits: Educate visitors. Information on regulations about what can and can’t be done at the site. Inform public on site dangers to prevent accidents. Inform visitors regarding bats and not to disturb them.

Cost: Interpretation boards could cost between £2000 to £6000 per panel to cover research, translation, design, construction, copyrights and erection.

Smaller signage for warnings would be far cheaper. Additional costs would be required for preparation of information leaflets and printing (the design of which should ideally be based on that for the panels) and could cost in the region of £1000 to £2000. Further information could be supplied via a dedicated website and other media, for which there would again be costs, but which would greatly improve the audience and accessibility to information about the site.

Key Issues: Interpretation panels will have to comply with Outdoor Advertising Guidelines. It is most unlikely that interpretation boards will require planning permission or permission from Highways as they will be located within the site areas or car park areas. Where they will be located within the Scheduled area they will require SMC. Details of the signage to be discussed with NRW to ensure they are permissible in terms of the SAC, SPA and SSSI, and any necessary consents applied for. Lichen survey would be needed to ensure they would not be disturb protected species. Copyrights may need to be sought for use of maps or images. The significance of the Welsh place-names and their meanings should also be included in the information. To prevent issues with littering on the site, the provision of returnable laminated guides might be considered instead of paper information leaflets.

Partners: The CMT in conjunction with WMPT could collate existing research to provide the basic information and photographs and perhaps by doing this negate much of the potential worry regarding copyright. It is known that Dr Simon Timberlake is hoping to produce some boards for Copa Hill with grant funds he has already secured from WMPT via the EMRG. Development of the interpretation

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boards and other information should be done in consultation with the local community. The boards final design, construction and erection would need to be done by third parties. Certainly the design and final text for the interpretation boards should be prepared by a specialist in such media (Ceredigion County Council may be able to advise who). The same design should be used through website and information leaflet design. The CMT could prepare the application for consents from Cadw and NRW and discussions with relevant departments of Ceredigion County Council, including applying for planning permission if needed.

If preliminary archaeological surveys are needed prior to erection of boards, this could be done by CMT or WMPT or through assistance from RCAHMW. Lichen surveys by specialist Steve Chambers. Cadw may be a partner in assisting with the development of interpretation boards, leaflets and websites etc.



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