““the 2025 Application Regulations” (“Rheoliadau Ceisiadau 2025”) means the Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025;

“the 2025 Examination Regulations” (“Rheoliadau Archwiliadau 2025”) means the Infrastructure Consent (Examination and Decision) (Procedure) (Wales) Regulations 2025;”;

(c)

in the definition of “the consultees” (“yr ymgynghoreion”)—

(i)

in paragraph (a) omit the words from “, by virtue of article 22” to the end of the sub-paragraph;

(ii)

after paragraph (c)(iii) insert—

“(d)

in respect of an application for infrastructure consent made to the Welsh Ministers, any authority, body or person which they are required to consult by virtue of the 2024 Act or any provision made under that Act;

(e)

in respect of a subsequent application relating to an infrastructure consent, any authority, body, or person which the Welsh Ministers would be required to consult by virtue of the 2024 Act or any provision made under that Act if the application was for infrastructure consent;”;

(d)

in the definition of “EIA application” (“cais AEA”), in sub-paragraph (a), after “planning permission” insert “or infrastructure consent”;

(e)

after the definition of “environmental statement” (“datganiad amgylcheddol”) insert—

““examining authority” (“awdurdod archwilio”) means the person or panel of persons appointed under section 40 of the 2024 Act;”;

(f)

after the definition of “further information” (“gwybodaeth bellach”) insert—

““infrastructure consent” (“cydsyniad seilwaith”) means consent required under section 19 of the 2024 Act;

“infrastructure consent order” (“gorchymyn cydsyniad seilwaith”) means an order made under section 60 of the 2024 Act;

“infrastructure register” (“cofrestr seilwaith”) means a register kept in accordance with section 128 of the 2024 Act or in accordance with provisions made under that section, and “appropriate infrastructure register” means the register on which particulars of the application for infrastructure consent for the relevant development have been placed or would be placed if such an application were made;”;

(g)

in the definition of “initiating body” (“corff cychwyn”)—

(i)

after “propose to” insert “give a notice of unauthorised development or”;

(ii)

after “section 102 order” insert “, or the Welsh Ministers where they propose to make an order under section 90 of the 2024 Act”;

(h)

in the definition of “monitoring measure” (“mesur monitor”) after “planning permission” insert “or infrastructure consent”;

(i)

after the definition of “monitoring measure” (“mesur monitor”) insert—

““notice of unauthorised development” (“hysbysiad datblygiad anawdurdodedig”) means a notice given under section 113 of the 2024 Act;”;

(j)

in the definition of “relevant planning authority” (“awdurdod Cynllunio perthnasaol”) omit sub-paragraph (a);

(k)

in the definition of “Schedule 1 application” (“cais Atodlen 1”) and “Schedule 2 application” (“cais Atodlen 2”) after “planning permission” insert “or infrastructure consent”;

(l)

after the definition of “sensitive area” (“ardal sensitif”) insert—

““specified person” (“person penodedig”) means a person, other than the Welsh Ministers or a planning authority, specified in an infrastructure consent order as the person to whom a subsequent application in relation to that infrastructure consent must be made;”;

(m)

in the definition of “subsequent application” (“cais dilynol”) after “planning permission”, in both places it appears, insert “or infrastructure consent”.

(4)

In regulation 2(6)—

(a)

after “may be” insert “, in relation to an application for planning permission,”;

(b)

after “(service of notices)” insert “and in relation to an application for infrastructure consent or notice of unauthorised development, served or given in a manner specified in section 136 of the 2024 Act”.

(5)

In the heading of regulation 3 after “planning permission” insert “, infrastructure consent”.

(6)

In regulation 3—

(a)

after “Welsh Ministers” insert “or examining authority”;

(b)

after “planning permission” insert “, infrastructure consent”.

(7)

In regulation 4(1)—

(a)

in paragraph (a) after “planning permission” insert “, or seeking infrastructure consent”;

(b)

in paragraph (b) omit “or the 2016 Order” and insert “, the 2025 Application Regulations or the 2025 Examination Regulations”.

(8)

In regulation 6—

(a)

in paragraph (1) after “planning authority” insert “or specified person”;

(b)

in paragraph (3)(b) after “planning authority” insert “or specified person” and after “planning permission” insert “or infrastructure consent order”;

(c)

in paragraph (5) after “authority” insert “or specified person”;

(d)

in paragraph (6) after “authority” insert “or specified person”;

(e)

in paragraph (7) after “authority” insert “or specified person”;

(f)

after paragraph (7) insert—

“(7A)

A specified person who adopts a screening opinion pursuant to paragraph (6) must also send a copy to the Welsh Ministers and any planning authority in whose area the development will take place.”;

(g)

in paragraph (8) after “authority” insert “or specified person”;

(h)

in paragraph (9) after “authority” insert “or specified person”.

(9)

In regulation 7 after “authority”, in each place it appears, insert “or specified person”.

(10)

In the heading of Part 3 after “Planning Permission” insert “and Subsequent Applications”.

(11)

In regulation 9 after “planning authority”, in each place it appears, insert “, the Welsh Ministers or specified person”.

(12)

In regulation 10—

(a)

after “planning authority” in both places it appears, insert “, the Welsh Ministers or specified person”;

(b)

after paragraph (2) insert—

“(3)

Where paragraphs (5) and (6) of regulation 6 apply by virtue of this regulation “planning authority” is to be read as including the Welsh Ministers or specified person who has received the application for subsequent consent.”;

(13)

In regulation 14—

(a)

in paragraph (1) after “planning authority” insert “or specified person”;

(b)

in paragraph (2)(b)(ii) after “planning authority” insert “or specified person”, and after “planning permission” insert “or infrastructure consent order”;

(c)

in paragraph (3) after “authority” insert “or specified person”;

(d)

in paragraph (4) after “authority” insert “or specified person”;

(e)

in paragraph (5) after “authority”, in each place it appears” insert “or specified person”;

(f)

after paragraph (5) insert—

“(5A)

Where a specified person adopts a scoping opinion they must send a copy to the Welsh Ministers and any planning authority in whose area the development will take place.”;

(g)

in paragraph (6) after “authority” insert “or specified person”;

(h)

in paragraph (7) after “authority” insert “or specified person”;

(i)

in paragraph (8) after “authority” insert “or specified person”;

(j)

in paragraph (9) after “authority” insert “or specified person”.

(14)

In regulation 15, after “planning authority” in each place it appears, insert “or specified person”.

(15)

In regulation 16—

(a)

after paragraph (1) insert—

“(1A)

Any person who intends to submit an environmental statement to a specified person may give notice to the Welsh Ministers under this paragraph.”;

(b)

in paragraph (2) after “(1)” insert “or paragraph (1A)”;

(c)

in paragraph (3)(a) after “(1)” insert “or paragraph (1A)”;

(d)

omit “and” at the end of paragraph (3)(b)(i);

(e)

after paragraph (3)(b)(ii) insert—“; and

(iii)

in relation to a notice under paragraph (1A), notify the specified person.”;

(f)

in paragraph (4) after “authority” in each place it appears, insert “, specified person”;

(g)

in paragraph (5) after “planning authority” insert “, specified person”.

(16)

In the heading of regulation 18 after “planning authority” insert “or specified person”.

(17)

In regulation 18—

(a)

in paragraph (1) after “planning authority” insert “or specified person”;

(b)

in paragraph (3) after “authority”, in each place it appears, insert “or specified person”;

(c)

in paragraph (4) after “planning authority” insert “or specified person”;

(d)

after paragraph (5) insert—

“(5A)

Where an applicant submits an environmental statement to a specified person in accordance with paragraph (1), the provisions of regulations 25 (publicity for valid applications: website) and 26 (publicity for valid applications: notices) of the 2025 Application Regulations apply with the following modifications—

(a)

references to “application” are to “subsequent application”;

(b)

references to “Welsh Ministers” are to “specified person”;

(c)

references to “42 days” are to “30 days”;

(d)

regulation 26(5) and (6) do not apply.”;

(e)

in paragraph (6) after “planning authority” insert “or specified person”.

(18)

In the heading of regulation 19, after “planning application” insert “or subsequent application”.

(19)

In regulation 19—

(a)

in paragraph (2)(a) after “planning authority” insert “or specified person”;

(b)

in paragraph(2)(d)(ii) after “planning permission” insert “or infrastructure consent order”;

(c)

in paragraph (2)(f) after “planning authority” insert “or specified person”;

(d)

in paragraph (2)(j) after “planning authority” insert “, specified person”;

(e)

in paragraph (7) after “planning authority,” insert “specified person,”.

(20)

In regulation 21(1)(a) after “Welsh Ministers” insert “, examining authority”.

(21)

In regulation 24—

(a)

in paragraph (1)—

(i)

after “Welsh Ministers”, in both places it appears, insert “, examining authority, specified person”;

(ii)

after “application”, in the first place it appears, insert “, subsequent application”;

(iii)

after “application”, in the second place it appears, insert “or subsequent application”;

(b)

in paragraph (2)(a) after “1990 Act” insert “or the 2024 Act”;

(c)

in paragraph (3)(c) after “planning permission” insert “or infrastructure consent order”;

(d)

in paragraph (3)(h) after “planning authority” insert “or the Welsh Ministers”;

(e)

in paragraph (3)(l) after “Welsh Ministers” insert “, examining authority, specified person”;

(f)

in paragraph (7) after “Welsh Ministers” insert “, examining authority, specified person”;

(g)

in paragraph (10) after “Welsh Ministers” insert “, examining authority, specified person”.

(22)

In the heading of regulation 25 after “planning permission” insert “, infrastructure consent or subsequent consent”.

(23)

In regulation 25—

(a)

after “planning authority”, in each place it appears, insert “, examining authority, specified person”;

(b)

after “planning permission” in each place it appears, insert “, infrastructure consent”.

(24)

In regulation 26(1) after “Welsh Ministers,” insert “examining authority or specified person”.

(25)

In regulation 27—

(a)

in paragraph (2)(b)—

(i)

after “planning permission” insert “, infrastructure consent”;

(ii)

after “(or relevant part of that register)” insert “or appropriate infrastructure register”;

(b)

after paragraph (3) insert—

“(4)

Where particulars of an application for infrastructure consent or subsequent application are placed on an infrastructure register, the relevant planning authority and Welsh Ministers must place on the infrastructure register a copy of any—

(a)

screening opinion;

(b)

screening direction;

(c)

scoping opinion;

(d)

scoping direction;

(e)

notification given under regulation 32(2) (applications made without environmental statement);

(f)

direction under regulation 5(4) or (5);

(g)

environmental statement, including any further information and any other information;

(h)

statement of reasons accompanying any of the above.

(5)

Where before receiving a notice of proposed application in accordance with section 29 of the 2024 Act for the development in question, the Welsh Ministers

(a)

give a screening direction or scoping direction or a direction under regulation 5(4); or

(b)

receive a request under regulation 31(1) or 33(1),

they must take steps to secure that a copy of the opinion, direction, request and any accompanying statement of reasons are made available for public inspection at all reasonable hours at the place where the appropriate infrastructure register is kept.”

(26)

In regulation 28—

(a)

in paragraph (1) after “planning authority” insert “, examining authority, specified person”;

(b)

in paragraph (2)(b) after “planning permission” insert “, infrastructure consent”;

(c)

in paragraphs (2)(b)(i) and (iv) after “planning authority” insert “, examining authority, specified person”;

(d)

in paragraph (2)(c) after “planning permission” insert “, infrastructure consent”.

(27)

In regulation 29(2)—

(a)

after “Welsh Ministers” in the first place it appears, insert “, examining authority, specified person”;

(b)

after “Welsh Ministers” in the second place it appears, insert “or specified person if they have determined the application,”.

(28)

In the heading of Part 8, after “planning permission” insert “or infrastructure consent”.

(29)

In regulation 30(1) after “planning permission” in both places it appears, insert “or infrastructure consent”.

(30)

In regulation 31 omit paragraph (2)(e).

(31)

In regulation 32(6) after “planning permission” insert “or infrastructure consent”.

(32)

In regulation 33—

(a)

in paragraph (1) after “planning permission” insert “or infrastructure consent”;

(b)

omit paragraph (2)(d).

(33)

In the heading of regulation 35 after “planning application” insert “or application for infrastructure consent”.

(34)

In regulation 35, in the restatement of regulation 19(2)(a), after “planning permission” insert “or infrastructure consent”.

(35)

In regulation 36 for “article 18(2) of the 2016 Order” substitute “regulation 24 of the 2025 Application Regulations”.

(36)

In the heading of regulation 40, at the beginning, insert “Notices of unauthorised development, orders under section 90 of the 2024 Act,”.

(37)

In regulation 40—

(a)

after paragraph (1) insert—

“(1A)

This regulation also applies where—

(a)

a local planning authority or the Welsh Ministers propose to give a notice of unauthorised development that requires a person to carry out EIA development, or

(b)

the Welsh Ministers propose to make an order under section 90 of the 2024 Act that modifies an infrastructure consent order.”;

(b)

after paragraph (2) insert—

“(2A)

The local planning authority or the Welsh Ministers must not give a notice of unauthorised development that would require a person to carry out Schedule 2 development unless the authority have requested and adopted a screening opinion or the Welsh Ministers have made a screening direction.

(2B)

The Welsh Ministers must not make an order under section 90 of the 2024 Act in relation to Schedule 2 development unless they have made a screening direction.”;

(c)

in paragraph (3)(c)(i) after “proposal for” insert “a notice of unauthorised development, an order under section 90 of the 2024 Act,”;

(d)

in paragraph (3)(c)(ii)—

(i)

after “falls to” insert “give a notice of unauthorised development,”;

(ii)

after “section 102 order” insert “, or make the order under section 90 of the 2024 Act”;

(e)

in paragraph (3)(c)(iv) after “proposal of” insert “a notice of unauthorised development that requires a person to carry out EIA development, an order made under section 90 of the 2024 Act that modifies an infrastructure consent for Schedule 1 development or Schedule 2 development, or”;

(f)

in paragraph (5) after “must not” insert “give a notice of unauthorised development, or”;

(g)

in paragraph (6)—

(i)

after “must not” insert “give a notice of unauthorised development, or”;

(ii)

after “confirm or make” insert “an order made under section 90 of the 2024 Act,”;

(h)

after paragraph (6) insert—

“(7)

In this regulation and Schedule 6 references to an order made under section 90 of the 2024 Act are only to an order proposed to be made or made without an application being made under section 90(3) or (4) of the 2024 Act.”

(38)

In regulation 42—

(a)

in the definition of “enforcement functions” (“swyddogaethau gorfodi”)—

(i)

in paragraph (e), omit “and”;

(ii)

after paragraph (f) insert—

“(g)

the exercise of the power to enter land under section 106 of the 2024 Act (powers to enter land for enforcement purposes);

(h)

the serving of an information notice under section 111 of the 2024 Act (power to require information);

(i)

the giving of a notice of unauthorised development under section 113 of the 2024 Act (notice of unauthorised development);

(j)

the issue of a temporary stop notice under section 117 of the 2024 Act (power to issue a temporary stop notice); and

(k)

an application to the court for an injunction under section 122 of the 2024 Act (injunction to restrain prohibited activity);”;

(b)

in the definition of “unauthorised EIA development” (“datblygiad AEA anawdurdodedig”) at the end of the definition insert “or a notice of unauthorised development under section 113 of the 2024 Act”.

(39)

In regulation 56—

(a)

in paragraph (3)(c) after “planning permission” insert “, infrastructure consent order or order made under section 90 of the 2024 Act”;

(b)

in paragraph (4) after “planning permission” insert “or infrastructure consent”.

(40)

In regulation 63(2) omit “other than an application under section 62D of the 1990 Act (developments of national significance: applications for planning permission),”.

(41)

In the heading of Schedule 6 at the beginning insert “Notices of unauthorised development, orders made under section 90 of the 2024 Act, and”.

(42)

In Schedule 6—

(a)

in paragraph 3 after “would fall to” insert “give a notice of unauthorised development or”;

(b)

in paragraph 5(a) after “proposal for” insert “a notice of unauthorised development, an order made under section 90 of the 2024 Act,”;

(c)

in paragraph 5(c) after “proposal for” insert “a notice of unauthorised development that requires a person to carry out EIA development, an order made under section 90 of the 2024 Act granting or modifying infrastructure consent for EIA development, or”;

(d)

in paragraph 6—

(i)

after “refusing to” insert “give a notice of unauthorised development, or refusing to”;

(ii)

at the end insert “, or refusing to make the order under section 90 of the 2024 Act”;

(e)

in paragraph 7, in the restatement of regulation 14(1) after “proposed” insert “notice of unauthorised development, order made under section 90 of the 2024 Act,”;

(f)

in paragraph 11, in the restatement of regulation 18—

(i)

in paragraph (1) after “related to” insert “a notice of unauthorised development, an order made under section 90 of the 2024 Act,”;

(ii)

in paragraph (1)(a), after “draft” in the first place it appears, insert “notice of unauthorised development, draft order made under section 90 of the 2024 Act, draft”;

(g)

in paragraph 12(b), in the restatement of regulation 19(2)(b) after “proposed” insert, “notice of unauthorised development, order made under section 90 of the 2024 Act,”;

(h)

in paragraph 14, in the restatement of regulation 22—

(i)

in paragraph (1) after “propose to” insert “give a notice of unauthorised development or”;

(ii)

after paragraph (2) insert—

“(2A)

Where the initiating body is the Welsh Ministers, they must send to any planning authority for the area in which the proposed development to which the notice of unauthorised development or order made under section 90 of the 2024 Act relates is located, a copy of the environmental statement prepared in relation to the proposed notice or order.”;

(iii)

in paragraph (3) after “paragraph (2)” insert “or (2A)”;

(i)

in paragraph 16—

(i)

in sub-paragraph (a) after “whether to” insert “give a notice of unauthorised development or” and after “102 order” insert “or make an order under section 90 of the 2024 Act”;

(ii)

omit “and” at the end of sub-paragraph (a);

(iii)

after sub-paragraph (b) insert—

“(c)

“planning permission” read “a notice of unauthorised development, planning permission or infrastructure consent”;

(d)

“granted” read “given or granted”.”;

(j)

in paragraph 18, in the restatement of regulation 28(1)—

(i)

after “initiating body” insert “gives a notice of unauthorised development, or”;

(ii)

after “makes” insert “an order under section 90 of the 2024 Act,”;

(k)

in paragraph 19, in the restatement of regulation 29—

(i)

in paragraph (1) after “decision to” in the second place it appears, insert “give a notice of unauthorised development or”;

(ii)

in paragraph (2) and (3) after “Where a” insert “notice of unauthorised development is given or a”;

(iii)

in paragraph (3)(b) after “public inspection” insert “, in relation to a section 97 order or section 102 order”, and after “is kept” insert “, in any other case at any place that is reasonable in the circumstances”;

(l)

in paragraph 20—

(i)

in sub-paragraph (b), in the restatement of paragraph 56(1)(a) after “permit by” insert “a notice of unauthorised development, an order made under section 90 of the 2024 Act,”;

(ii)

at the end of sub-paragraph (b) omit “and”;

(iii)

in sub-paragraph (c) after “proposed” insert “notice of unauthorised development, order made under section 90 of the 2024 Act,”;

(iv)

after sub-paragraph (c) insert—

“(d)

in paragraph (3)(c) “planning permission” read “planning permission or infrastructure consent order”; and

(e)

in paragraph (4) “planning permission” read “planning permission or infrastructure consent”, and after the word “granted” is inserted “or a notice of unauthorised development is given”.”

(43)

In Schedule 9, omit paragraph 2.

(44)

The Regulations referred to in paragraph (1) have effect as if the amendments in paragraphs (2) to (43) had not been made so far as the provisions of those Regulations relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act.