Legislation – Infrastructure (Wales) Act 2024

Infrastructure (Wales) Act 2024 is up to date with all changes known to be in force on or before 02 November 2025. There are changes that may be brought into force at a future date.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the affected provisions when you open the content using the Table of Contents below.

View outstanding changes

Changes and effects yet to be applied to :

s. 19 coming into force by S.I. 2025/698 art. 3(a)
s. 20 coming into force by S.I. 2025/698 art. 3(a)
s. 21 coming into force by S.I. 2025/698 art. 3(a)
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s. 39 coming into force by S.I. 2025/698 art. 3(a)
s. 40(1)(3)–(7) coming into force by S.I. 2025/698 art. 3(b)
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s. 88 coming into force by S.I. 2025/698 art. 3(d)
s. 89 coming into force by S.I. 2025/698 art. 3(d)
s. 92(1)(a)(b)(2) coming into force by S.I. 2025/698 art. 3(e)
s. 92(3) coming into force by S.I. 2025/698 art. 4(a)
s. 94 coming into force by S.I. 2025/698 art. 3(f)
s. 95 coming into force by S.I. 2025/698 art. 3(f)
s. 96(1)–(4)(7) coming into force by S.I. 2025/698 art. 3(g)
s. 96(6)(8) coming into force by S.I. 2025/698 art. 4(b)
s. 97 coming into force by S.I. 2025/698 art. 3(h)
s. 98 coming into force by S.I. 2025/698 art. 3(h)
s. 99 coming into force by S.I. 2025/698 art. 3(h)
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s. 123 coming into force by S.I. 2025/698 art. 3(h)
s. 124(1)(2)s. 124(3)(a)(i)(b)(4)–(7) coming into force by S.I. 2025/698 art. 3(i)
s. 125 coming into force by S.I. 2025/698 art. 3(i)
s. 126 coming into force by S.I. 2025/698 art. 3(i)
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s. 132 coming into force by S.I. 2025/698 art. 3(i)
s. 145 coming into force by S.I. 2025/698 art. 3(j)
Sch. 1 para. 1 coming into force by S.I. 2025/698 art. 3(j)
Sch. 1 para. 2 coming into force by S.I. 2025/698 art. 3(k)
Sch. 1 para. 3 coming into force by S.I. 2025/698 art. 3(k)
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Sch. 1 para. 27 coming into force by S.I. 2025/698 art. 3(k)
Sch. 1 para. 28 coming into force by S.I. 2025/698 art. 3(k)
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Sch. 1 para. 35 coming into force by S.I. 2025/698 art. 3(k)
Sch. 1 para. 36 coming into force by S.I. 2025/698 art. 3(k)
Sch. 3 para. 1 coming into force by S.I. 2025/698 art. 3(l)
Sch. 3 para. 2 coming into force by S.I. 2025/698 art. 3(l)
Sch. 3 para. 3 coming into force by S.I. 2025/698 art. 3(l)
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Sch. 3 para. 9 coming into force by S.I. 2025/698 art. 3(l)
Sch. 3 para. 10 coming into force by S.I. 2025/698 art. 3(l)
Sch. 3 para. 11 coming into force by S.I. 2025/698 art. 3(l)
Sch. 3 para. 12 coming into force by S.I. 2025/698 art. 3(l)
Sch. 3 para. 13 coming into force by S.I. 2025/698 art. 3(l)
Sch. 3 para. 14 coming into force by S.I. 2025/698 art. 3(l)
Sch. 3 para. 15 coming into force by S.I. 2025/698 art. 3(l)

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 124(1)(2)s. 124(3)(a)(i)(b)(4)–(7) coming into force by S.I. 2025/698 art. 3(i)

Infrastructure (Wales) Act 2024

PART 1SIGNIFICANT INFRASTRUCTURE PROJECTS

Key term

1Meaning of “significant infrastructure project”

Energy

2Electricity infrastructure

3Liquified natural gas facilities

4Gas reception facilities

5Hydraulic fracturing for oil and gas and coal gasification

6Open cast coal mining

Transport

7Highways

8Railways

9Rail freight interchanges

10Harbour facilities

11Airports

Water

12Dams and reservoirs

13Transfer of water resources

Waste water

14Waste water treatment plants

Waste

15Hazardous waste facilities

16Radioactive waste geological disposal facilities

Power to amend

17Power to add, vary or remove projects

Interpretation

18Cross-border projects

PART 2REQUIREMENT FOR INFRASTRUCTURE CONSENT

The requirement

19Requirement for infrastructure consent

20Effect of requirement for infrastructure consent

Powers to change the requirement or its effect

21Power to add or remove types of consent

22Directions specifying development as a significant infrastructure project

23Directions for applications to be treated as applications for infrastructure consent

24Directions specifying that development is not a significant infrastructure project

25Directions under section 22 to 24: general provision

26Directions under section 22: regulations about procedure

PART 3APPLYING FOR INFRASTRUCTURE CONSENT

Assistance for applicants

27Provision of pre-application services

28Obtaining information about interests in land

Pre-application procedure

29Notice of proposed application

30Pre-application consultation and publicity

31Change in the person who proposes to apply for infrastructure consent

Application procedure

32Applying for infrastructure consent

33Deciding on the validity of an application and notifying the applicant

34Notice of accepted applications and publicity

35Regulations about notices and publicity

36Local impact reports

37Marine impact reports

38Notice of persons interested in land to which compulsory acquisition request relates

39Consultation post-application in relation to compulsory acquisition

PART 4EXAMINING APPLICATIONS

Appointing an examining authority

40Appointing an examining authority

Examining applications

41Examining authority to examine applications

42Choice of inquiry, hearing or written procedure

43Open-floor hearings

44Examination procedure

45Power to enter land in connection with examination

46Power to enter Crown land in connection with examination

47Power of examining authority to hold local inquiry

48Access to evidence at inquiry

49Payment of appointed representative where access to evidence restricted

50Assessors

51Legal assistance

52Reports by examining authority

53Power to direct further examination

54Orders relating to costs of parties on examination proceedings

PART 5DECIDING APPLICATIONS FOR INFRASTRUCTURE CONSENT

Decision maker

55Function of deciding applications

Statutory policies and other relevant matters‍‍

56Deciding applications: general considerations

57Duty to have regard to specific matters when making decisions on applications

58Matters that may be disregarded when making decisions on applications

Timetable

59Timetable for deciding application for infrastructure consent

The decision

60Grant or refusal of infrastructure consent

61Development for which infrastructure consent may be granted

62Reasons for decision to grant or refuse infrastructure consent

PART 6INFRASTRUCTURE CONSENT ORDERS

Provision in orders: general

63What may be included in an infrastructure consent order

Provision in orders authorising compulsory acquisition

64Purpose for which compulsory acquisition may be authorised

65Land to which authorisation of compulsory acquisition can relate

66Application of compulsory acquisition provisions

67Compensation for compulsory acquisition

68Statutory undertakers’ land

69National Trust land

70Commons, open spaces etc: compulsory acquisition of land

71Commons, open spaces etc: compulsory acquisition of rights over land

72Notice of authorisation of compulsory acquisition

Provision in orders: specific limitations and powers

73Public rights of way

74Power to override easements and other rights

75Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.

76Crown land

77Operation of generating stations

78Keeping electric lines installed above ground

79Diversion of watercourses

80Highways

81Harbours

82Discharge of water

83Deemed consent under a marine licence

84Removing consent requirements and deeming consents

Procedure for infrastructure consent orders

85Infrastructure consent orders: publication and procedure

Changing and revoking infrastructure consent orders etc.

86Meaning of “decision documents” and “error”

87Power to correct errors in decision documents

88Correcting errors: regulations

Making changes to, and revoking, infrastructure consent orders

89Definitions

90Power to change or revoke infrastructure consent orders

91Procedure: changing and revoking infrastructure consent orders

92Changing and revoking infrastructure consent orders: formalities

93Changing or revoking an infrastructure consent order: compensation

Effect of infrastructure consent orders

94Duration of infrastructure consent order

95When development begins

96Legal challenges

97Benefit of infrastructure consent order

98Planning obligations

99Blighted land

100Nuisance: statutory authority

101Compensation in case where defence of statutory authority applies

103Development without infrastructure consent

104Breach of terms of infrastructure consent order

105Time limits

106Powers to enter land for enforcement purposes

107Warrant to enter land

108Rights of entry: supplementary provisions

109Rights of entry: Crown land

110Marine enforcement powers

Information notices

111Power to require information

112Offences of failing to comply with information notices

Notices of unauthorised development

113Notice of unauthorised development

Compliance with notices of unauthorised development

114Order to permit steps required by notice of unauthorised development

115Power to enter land and take steps required by notice of unauthorised development

116Recovery of costs of compliance with notice of unauthorised development

Temporary stop notices

117Power to issue temporary stop notice

118Restrictions on power to issue temporary stop notice

119Duration etc. of temporary stop notice

120Offence of breaching temporary stop notice

121Compensation for loss due to notice

122Injunction to restrain prohibited activity

General

123Meaning of “relevant planning authority”

PART 8SUPPLEMENTARY FUNCTIONS

Fees

124Fees for performance of infrastructure consent functions and services

Right of entry

125Powers of entry to survey land

126Powers of entry to survey land: Crown land

Infrastructure policy statements

127Infrastructure policy statements

128Register of applications and pre-application services

Statutory consultees

129Power to consult and duty to respond to consultation

Welsh Ministers’ directions

130Directions to public authorities

131Power to disapply requirements

Regulations about Crown applications

132Applications by the Crown

PART 9GENERAL PROVISIONS

Development

133Meaning of “development”

Crown land

134Crown land and “the appropriate Crown authority”

Offences

135Offences by bodies corporate

Giving notices and other documents

136Giving notices and other documents

137Giving notices etc. to persons occupying or with an interest in land

138Giving documents to the Crown

General

139Duties to publish

140Regulations and orders: restrictions

141Regulations: procedure

142Directions: general

143General interpretation

144Power to make consequential and transitional provision etc.

145Consequential amendments and repeals

146Transitional and saving provision

147Coming into force

148Short title

SCHEDULE 1PROVISION RELATING TO, OR TO MATTERS ANCILLARY TO, DEVELOPMENT

PART 1THE MATTERS

1The acquisition of land, compulsorily or by agreement.

2The creation, suspension or extinguishment of, or interference with, interests…

3The abrogation or modification of agreements relating to land.

4Carrying out specified excavation, mining, quarrying or boring operations in…

5The operation of a generating station.

6Keeping electric lines installed above ground.

7The protection of the property or interests of any person….

8The imposition or exclusion of obligations or liability in respect…

9Carrying out surveys or taking soil samples.

10Cutting down, uprooting, topping or lopping trees or shrubs or…

11The removal, disposal or re-siting of apparatus.

12Carrying out civil engineering or other works.

13The diversion of navigable or non-navigable watercourses.

14The stopping up or diversion of highways.

15Charging tolls, fares (including penalty fares) and other charges.

16The designation of a highway as a trunk road or…

17The specification of the classes of traffic authorised to use…

18The appropriation of a highway for which the person proposing…

19The transfer to the person proposing to construct or improve…

20The specification of the highway authority for a highway.

21The operation and maintenance of a transport system.

22Entering into an agreement for the provision of police services….

23The discharge of water into inland waters or underground strata….

24Deeming a marine licence under Part 4 of the Marine…

25Deeming any such conditions to have been attached to the…

26The creation of a harbour authority.

27Changing the powers and duties of a harbour authority.

28The making of byelaws by any person and their enforcement….

29(1) The creation of offences within sub-paragraph (2) in connection…

30The transfer of property, rights, liabilities or functions.

31The transfer, leasing, suspension, discontinuance and revival of undertakings.

32The payment of contributions.

33The payment of compensation.

34The submission of disputes to arbitration.

35The alteration of borrowing limits.

PART 2INTERPRETATION

36(1) This paragraph applies for the purposes of this Schedule….

SCHEDULE 2COMPENSATION FOR CHANGING OR REVOKING INFRASTRUCTURE CONSENT ORDERS

1Changing or revoking an infrastructure consent order: compensation

2Compensation for depreciation: introduction and key terms

3Apportionment of compensation for depreciation and determination of disputes

4Notice of compensation for depreciation

5Development not to be carried out until compensation paid or secured

6Amount recoverable by Welsh Ministers in respect of compensation

7Payment etc. of amount recoverable

8Recovery of compensation from acquiring authority on compulsory acquisition or sale

9General provisions about compensation for depreciation

10Determination of claims for compensation

SCHEDULE 3CONSEQUENTIAL AMENDMENTS AND REPEALS

1Harbours Act 1964 (c. 40)

2Highways Act 1980 (c. 66)

3Electricity Act 1989 (c. 29)

4Town and Country Planning Act 1990 (c. 8)

5Planning (Hazardous Substances) Act 1990 (c. 10)

6New Roads and Street Works Act 1991 (c. 22)

7Transport and Works Act 1992 (c. 42)

8Coal Industry Act 1994 (c. 21)

9Planning and Compulsory Purchase Act 2004 (c. 5)

10Marine and Coastal Access Act 2009 (c. 23)

11Flood and Water Management Act 2010 (c. 29)

12Planning (Wales) Act 2015 (anaw 4)

13Infrastructure Act 2015 (c. 7)

14Housing and Planning Act 2016 (c. 22)

15Historic Environment (Wales) Act 2023 (asc 3)

Welsh Royal arms

Infrastructure (Wales) Act 2024

2024 asc 3

An Act of Senedd Cymru to reform the law governing the development of significant infrastructure in Wales and the Welsh marine area; and for connected purposes.

[3 June 2024]

Having been passed by Senedd Cymru and having received the assent of His Majesty, it is enacted as follows: