Legislation – The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025

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Introduction

PART 1
Amendment Provisions

2 The Town and Country Planning (General Permitted Development) Order 1995

3 The Nuclear Industries Security Regulations 2003

4 The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006

5 The Marine Works (Environmental Impact Assessment) Regulations 2007

6 The Waste (England and Wales) Regulations 2011

7 The Town and Country Planning (Development Management Procedure) (Wales) Order 2012

8 The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013

9 The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015

10 The Planning (Hazardous Substances) (Wales) Regulations 2015

11 The Renewables Obligation Order 2015

12 The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017

13 The Conservation of Habitats and Species Regulations 2017

14 The Electricity (Offshore Generating Stations) (Applications for Consent) (Wales) Regulations 2019

15 The Electricity (Offshore Generating Stations) (Variation of Consents) (Wales) Regulations 2019

16 The Electricity (Offshore Generating Stations) (Inquiries Procedure) (Wales) Regulations 2019

17 The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024

18 The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024

19 The Applications for Scheduled Monument Consent (Wales) Regulations 2024

PART 2
Transitional, revocation and savings provisions

20 Transitional provision

21 Revocation provision

22 Saving provision

Signature

Explanatory note

PART 2Transitional, revocation and savings provisions

Transitional provision20.

(1)

For the purposes of section 146(2)(a) of the 2024 Act, an application described in the first column of the following table is not made until the requirements in the second column of that table which are applicable to the application are met—

  1. (a)

    An application for planning permission under Part 3 of the Town and Country Planning Act 1990, other than under section 62D;
Article 22(3) of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012
22.
  1. (a)
    An application for planning permission under section 62D of the Town and Country Planning Act 199023;
  1. (i)

    Article 12(1) to (4) and (8),

  2. (ii)
    article 12A as may be inserted by regulation 41(c) of the Developments of National Significance (Wales) Regulations 201624, and
  3. (iii)

    article 13, if applicable,

of the Developments of National Significance (Procedure) (Wales) Order 201625.
  1. (a)
    An application for consent under section 36 of the Electricity Act 198926;
Regulation 3 of the Electricity (Offshore Generating Stations) (Applications for Consent) (Wales) Regulations 2019
27.
  1. (a)
    An application for authorisation under Chapter 3 of Part 2 (control of works affecting scheduled monuments) of the Historic Environment (Wales) Act 202328;
Section 14 of the Historic Environment (Wales) Act 2023 and regulation 2 of Applications for Scheduled Monument Consent (Wales) Regulations 2024
29.
  1. (a)

    An application for authorisation under Chapter 2 of Part 3 (control of works affecting listed buildings) of the Historic Environment (Wales) Act 2023;
  1. (i)

    Sections 90(2) and 106(2) and (3)(a) of the Historic Environment (Wales) Act 2023, and

  2. (ii)
    regulations 3, 4, 6, 19 and 21 of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 202430.
  1. (a)

    An application for authorisation under Part 4 (control of demolition in conservation areas), of the Historic Environment (Wales) Act 2023 (see section 163 of that Act);
  1. (i)

    Sections 90(2) and 106(2) and (3)(a) of the Historic Environment (Wales) Act 2023, and

  2. (ii)
    regulations 3, 4, 6, 19 and 21 of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 202431.
  1. (a)
    An order under section 14 or section 16 of the Harbours Act 196432;
Paragraph 7 of Schedule 3 to the Harbours Act 1964
33.
  1. (a)
    An order under section 1 or 3 of the Transport and Works Act 199234.
Rules 9 to 12 of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006
35.

(2)

For the purposes of section 146(2)(b) of the 2024 Act, a notification under section 62E(1) of the Town and Country Planning Act 199036 is not made until the requirements of article 5 of the Developments of National Significance (Procedure) (Wales) Order 2016, as may be modified by regulation 41(a) of the Developments of National Significance (Wales) Regulations 2016 are met.

(3)

For the purposes of section 146(2)(c) of the 2024 Act, an order or scheme in the first column of the following table is not treated as being under consideration until the requirement in the second column of that table is met—

  1. (a)
    An order under section 10 of the Highways Act 198037 (directing that highway should become trunk road);
The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1
38.
  1. (a)
    An order under section 14 of the Highways Act 198039 (supplementary orders relating to trunk roads);

The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1.
  1. (a)
    An order under section 16 of the Highways Act 198040 (schemes authorising the provision of special roads);
The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 10
41.
  1. (a)
    An order under section 18 of the Highways Act 198042 (supplementary orders relating to special roads);

The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1.
  1. (a)
    An order under section 106 of the Highways Act 198043 (orders and schemes providing for construction of bridges over or tunnels under navigable waters);

The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1.
  1. (a)
    An order under section 108 of the Highways Act 198044 (orders authorising the diversion of navigable watercourses);

The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1.
  1. (a)
    An order under section 6 of the New Roads and Street Works Act 199145 (toll orders).

The publication of a draft of the order in accordance with Schedule 1 to the New Roads and Street Works Act 1991, paragraph 1 or 2, as the case may be.

(4)

For the purposes of section 146(3)(b), an application is not made under section 62D of the Town and Country Planning Act 1990 until the requirements of articles 12(1) to (4) and (8) and 13 of the Developments of National Significance (Procedure) (Wales) Order 2016 which are applicable to the application are met.

(5)

In this regulation—

“development” (“datblygiad”) has the meaning given in section 133 of the 2024 Act;

“planning authority” (“awdurdod cynllunio”) means a local planning authority within the meaning given by Part 1 of the Town and Country Planning Act 1990.”.

Revocation provision21.

Subject to savings the following instruments are revoked—

(a)

the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 201646;

(b)

the Developments of National Significance (Application of Enactments) (Wales) Order 201647;

(c)

the Developments of National Significance (Procedure) (Wales) Order 2016;

(d)

the Developments of National Significance (Wales) Regulations 2016;

(e)

the Developments of National Significance (Fees) (Wales) Regulations 201648;

(f)

the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) (Amendment) Regulations 201649;

(g)

the Developments of National Significance (Specified Criteria, Fees and Fees for Deemed Applications) (Wales) (Amendment) Regulations 201950;

(h)

the Developments of National Significance (Wales) (Amendment) Regulations 201951;

(i)

the Developments of National Significance (Procedure) (Wales) (Amendment) Order 201952;

(j)

the Developments of National Significance (Wales) (Amendment) Regulations 202453;

(k)

the Developments of National Significance (Fees) (Wales) (Amendment) Regulations 202454.

Saving provision22.

Section 146(10) of the 2024 Act saves the provisions of the Town and Country Planning Act 1990 as if the amendments in paragraph 4 of Schedule 3 to the 2024 Act had not been made, in so far as they relate to a development to which sections 19 and 20 of the 2024 Act do not apply by virtue of section 146 of that Act, and accordingly the instruments referred to in regulation 21 continue to apply to such a development.

22

S.I. 2012/801 (W. 110), amended by S.I. 2016/59 (W. 29); there are other amending instruments but none is relevant to these Regulations.

23

Section 62D was inserted by section 19 of the Planning (Wales) Act 2015 (anaw 4).

25

S.I. 2016/55 (W. 25), modified by S.I. 2016/56 (W. 26), amended by S.I. 2019/290 (W. 68), there is another amending instrument which is not relevant.

26

1989 c. 29. Section 36 was amended by the Energy Act 2004 (c. 20), sections 78, 93(1) and (3), by the Planning Act 2008 (c. 29) (“the 2008 Act”), Schedule 2, paragraphs 31 and 32, by the Wales Act 2017 (c. 4), section 39(7) to (11), Schedule 6, Part 3, paragraph 47 and by the Infrastructure (Wales) Act 2024, Schedule 3, paragraph 3(1) and (2); there are other amendments but none is relevant to these Regulations.

27

S.I. 2019/295, to which there are amendments not relevant to these Regulations.

29

S.I. 2024/932 (W. 156), to which there are amendments not relevant to these Regulations.

30

S.I. 2024/930 (W. 155), to which there are amendments not relevant to these Regulations.

31

S.I. 2024/930 (W. 155), to which there are amendments not relevant to these Regulations.

32

1964 c. 40 (“the 1964 Act”). The functions of the appropriate Minister under sections 14 and 16 were transferred to the National Assembly for Wales so far as they relate to fishery harbours in Wales by the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672) (“the 1999 Order”), article 2(a) and the entry in Schedule 1 in relation to the 1964 Act, as amended by the National Assembly for Wales (Transfer of Functions) Order 2000 (S.I. 2000/253, article 4 and Schedule 3(a)). Those functions were transferred to the Welsh Ministers by the Government of Wales Act 2006 (c. 32) (“the 2006 Act”), Schedule 11, paragraph 30. Section 29 of the Wales Act 2017 (c. 4) (“the 2017 Act”) transferred functions in relation to harbours that are wholly in Wales other than a reserved trust port under sections 14 and 16 of the 1964 Act (so far as not previously transferred) to the Welsh Ministers. Section 30(2), (6) and (7) of the 2017 Act make further relevant amendments to the 1964 Act. Sections 14 and 16 were amended by the Infrastructure (Wales) Act 2024 asc 3 (“the 2024 Act”), Schedule 3 paragraph 1. There are other amendments but none is relevant to this instrument.

33

Paragraph 7 was substituted by S.I. 2017/1070, Schedule 1 paragraph 8(9).

34

1992 c. 42 (“the 1992 Act”). Sections 1 and 3 were amended by the 2024 Act, Schedule 3, paragraph 7. There are other amendments but none is relevant to this instrument. Functions of the Secretary of State under sections 1 and 3 of the 1992 Act were transferred to the National Assembly for Wales by the 1999 Order, article 2 and the entry in relation to the 1992 Act in Schedule 1 of that Order. Those functions were transferred to the Welsh Ministers by the Government of Wales Act 2006 (c. 32) (“the 2006 Act”), Schedule 11, paragraph 30.

36

Section 62E was inserted by section 19 of the Planning (Wales) Act 2015 (anaw 4).

37

1980 c. 66 (“the 1980 Act”). Section 10 was amended by the New Roads and Street Works Act 1991 (c. 22), section 22(2) and the Infrastructure Act 2015 (c. 7), section 1(6) and paragraph 10 of Schedule 1. The functions of the Secretary of State under the 1980 Act were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by the 1999 Order, article 2(a) and the entry in Schedule 1 in relation to the 1990 Act. Those functions were transferred to the Welsh Ministers by the 2006 Act, Schedule 11, paragraph 30.

38

Paragraph 1 was amended by the Infrastructure Act 2015 (c. 7) (“the 2015 Act”), section 57(1) and paragraph 63(2) of Schedule 1.

39

Section 14 was amended by the Water Act 1989 (c. 15) (“the 1989 Act”), Part 1 of Schedule 27 and by the 2015 Act, paragraph 12 of Schedule 1; there are other amendments not relevant to this instrument.

40

Section 16 was amended by the Planning Act 2008 (c. 29) (“the 2008 Act”), section 36 and paragraphs 21 and 24 of Schedule 2; by the 2015 Act, section 1(6) and paragraphs 1 and 13(1) to (4) of Schedule 1 and by the 2024 Act, section 145 and paragraph 2(1) and (4) of Schedule 3.

41

Schedule 1 was amended by the 2015 Act, section 1(6) and paragraphs 1 and 63(1) and (7) of Schedule 1; there are other amendments not relevant to this instrument.

42

Section 18 was amended by the 2008 Act, section 36 and paragraphs 21 and 25 of Schedule 2; by the 2024 Act, section 145 and paragraph 2(1) and (5) of Schedule 3; by the 1989 Act, section 190 and Part 1 of Schedule 27; by the 2015 Act, section 1(6) and paragraphs 1 and 14 of Schedule 1; by the Local Government Act 1985 (c. 51), section 102 and Schedule 17 and by the Statute Law (Repeals) Act 1995 (c. 44), section 1 and Schedule 1, Part V.

43

Section 106 was amended by the 2008 Act, section 36 and paragraphs 21 and 26 of Schedule 2; by the 2024 Act, section 145 and paragraph 2(1) and (6) of Schedule 3 and by the 2015 Act, section 1(6) and paragraphs 1 and 34(1) and (3) of Schedule 1; there are other amendments not relevant to this instrument.

44

Section 108 was amended by the 2008 Act, section 36 and paragraphs 21 and 27 of Schedule 2; by the 2024 Act, section 145 and paragraph 2(1) and (7) of Schedule 3 and by the 2015 Act, section 1(6) and paragraphs 1 and 35 of Schedule 1.

45

1991 c. 22 (“the 1991 Act”). Section 6 was amended by the 2008 Act, section 36 and paragraphs 48 and 49 of Schedule 2 and by the 2024 Act, section 145 and paragraph 6 of Schedule 3; there are other amendments not relevant to this instrument. The functions of the Secretary of State under the 1991 Act were transferred to the National Assembly for Wales so far as exercisable in relation to Wales by the 1999 Order, article 2(a) and the entry in Schedule 1 in relation to the 1990 Act. Those functions were transferred to the Welsh Ministers by the 2006 Act, Schedule 11, paragraph 30.