Legislation – Infrastructure (Wales) Act 2024

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Introduction

PART 1
SIGNIFICANT INFRASTRUCTURE PROJECTS

1 Meaning of “significant infrastructure project”

2 Electricity infrastructure

3 Liquified natural gas facilities

4 Gas reception facilities

5 Hydraulic fracturing for oil and gas and coal gasification

6 Open cast coal mining

7 Highways

8 Railways

9 Rail freight interchanges

10 Harbour facilities

11 Airports

12 Dams and reservoirs

13 Transfer of water resources

14 Waste water treatment plants

15 Hazardous waste facilities

16 Radioactive waste geological disposal facilities

17 Power to add, vary or remove projects

18 Cross-border projects

PART 2
REQUIREMENT FOR INFRASTRUCTURE CONSENT

19 Requirement for infrastructure consent

20 Effect of requirement for infrastructure consent

21 Power to add or remove types of consent

22 Directions specifying development as a significant infrastructure project

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

24 Directions specifying that development is not a significant infrastructure project

25 Directions under section 22 to 24: general provision

26 Directions under section 22: regulations about procedure

PART 3
APPLYING FOR INFRASTRUCTURE CONSENT

27 Provision of pre-application services

28 Obtaining information about interests in land

29 Notice of proposed application

30 Pre-application consultation and publicity

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

32 Applying for infrastructure consent

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

34 Notice of accepted applications and publicity

35 Regulations about notices and publicity

36 Local impact reports

37 Marine impact reports

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

39 Consultation post-application in relation to compulsory acquisition

PART 4
EXAMINING APPLICATIONS

40 Appointing an examining authority

41 Examining authority to examine applications

42 Choice of inquiry, hearing or written procedure

43 Open-floor hearings

44 Examination procedure

45 Power to enter land in connection with examination

46 Power to enter Crown land in connection with examination

47 Power of examining authority to hold local inquiry

48 Access to evidence at inquiry

49 Payment of appointed representative where access to evidence restricted

50 Assessors

51 Legal assistance

52 Reports by examining authority

53 Power to direct further examination

54 Orders relating to costs of parties on examination proceedings

PART 5
DECIDING APPLICATIONS FOR INFRASTRUCTURE CONSENT

55 Function of deciding applications

56 Deciding applications: general considerations

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

58 Matters that may be disregarded when making decisions on applications

59 Timetable for deciding application for infrastructure consent

60 Grant or refusal of infrastructure consent

61 Development for which infrastructure consent may be granted

62 Reasons for decision to grant or refuse infrastructure consent

PART 6
INFRASTRUCTURE CONSENT ORDERS

63 What may be included in an infrastructure consent order

64 Purpose for which compulsory acquisition may be authorised

65 Land to which authorisation of compulsory acquisition can relate

66 Application of compulsory acquisition provisions

67 Compensation for compulsory acquisition

68 Statutory undertakers’ land

69 National Trust land

70 Commons, open spaces etc: compulsory acquisition of land

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

72 Notice of authorisation of compulsory acquisition

73 Public rights of way

74 Power to override easements and other rights

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

76 Crown land

77 Operation of generating stations

78 Keeping electric lines installed above ground

79 Diversion of watercourses

80 Highways

81 Harbours

82 Discharge of water

83 Deemed consent under a marine licence

84 Removing consent requirements and deeming consents

85 Infrastructure consent orders: publication and procedure

86 Meaning of “decision documents” and “error”

87 Power to correct errors in decision documents

88 Correcting errors: regulations

89 Definitions

90 Power to change or revoke infrastructure consent orders

91 Procedure: changing and revoking infrastructure consent orders

92 Changing and revoking infrastructure consent orders: formalities

93 Changing or revoking an infrastructure consent order: compensation

94 Duration of infrastructure consent order

95 When development begins

96 Legal challenges

97 Benefit of infrastructure consent order

98 Planning obligations

99 Blighted land

100 Nuisance: statutory authority

101 Compensation in case where defence of statutory authority applies

102 Meaning of “land”

PART 7
ENFORCEMENT

103 Development without infrastructure consent

104 Breach of terms of infrastructure consent order

105 Time limits

106 Powers to enter land for enforcement purposes

107 Warrant to enter land

108 Rights of entry: supplementary provisions

109 Rights of entry: Crown land

110 Marine enforcement powers

111 Power to require information

112 Offences of failing to comply with information notices

113 Notice of unauthorised development

114 Order to permit steps required by notice of unauthorised development

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

116 Recovery of costs of compliance with notice of unauthorised development

117 Power to issue temporary stop notice

118 Restrictions on power to issue temporary stop notice

119 Duration etc. of temporary stop notice

120 Offence of breaching temporary stop notice

121 Compensation for loss due to notice

122 Injunction to restrain prohibited activity

123 Meaning of “relevant planning authority”

PART 8
SUPPLEMENTARY FUNCTIONS

124 Fees for performance of infrastructure consent functions and services

125 Powers of entry to survey land

126 Powers of entry to survey land: Crown land

127 Infrastructure policy statements

128 Register of applications and pre-application services

129 Power to consult and duty to respond to consultation

130 Directions to public authorities

131 Power to disapply requirements

132 Applications by the Crown

PART 9
GENERAL PROVISIONS

133 Meaning of “development”

134 Crown land and “the appropriate Crown authority”

135 Offences by bodies corporate

136 Giving notices and other documents

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

138 Giving documents to the Crown

139 Duties to publish

140 Regulations and orders: restrictions

141 Regulations: procedure

142 Directions: general

143 General interpretation

144 Power to make consequential and transitional provision etc.

145 Consequential amendments and repeals

146 Transitional and saving provision

147 Coming into force

148 Short title

SCHEDULES

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

SCHEDULE 2 COMPENSATION FOR CHANGING OR REVOKING INFRASTRUCTURE CONSENT ORDERS

SCHEDULE 3 CONSEQUENTIAL AMENDMENTS AND REPEALS

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PART 9GENERAL PROVISIONS

General

143General interpretation

(1)

In this Act—

airport” (“maes awyr”) has the meaning given by section 82(1) of the Airports Act 1986 (c. 31);

alteration” (“addasu”), in relation to an airport, must be read in accordance with section 11(4);

alteration” (“addasu”), in relation to a highway, includes stopping up the highway or diverting, improving, raising or lowering it;

building” (“adeilad”) has the meaning given by section 336(1) of TCPA 1990;

construction” (“adeiladu”), in relation to so much of a generating station as comprises or is to comprise renewable energy installations, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act) (and related expressions must be read accordingly); and in this definition “renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act);

Crown land” (“tir y Goron”) has the meaning given by section 134;

development” (“datblygiad”) has the meaning given by section 133;

devolved Welsh authority” (“awdurdod Cymreig datganoledig”) has the meaning given by section 157A of the Government of Wales Act 2006 (c. 32);

electric line” (“llinell drydan”) has the same meaning as in Part 1 of the Electricity Act 1989 (c. 29) (see section 64(1) of that Act);

enactment” (“deddfiad”) includes any enactment whenever passed or made;

examining authority” (“awdurdod archwilio”) has the meaning given by section 40(7);

extension” (“estyniad”), in relation to a generating station, has the meaning given by section 36(9) of the Electricity Act 1989 (and “extend” must be read accordingly);

gas” (“nwy”) includes natural gas;

generating station” (“gorsaf gynhyrchu”) has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1) of that Act);

goods” (“nwyddau”) has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);

harbour” (“harbwr”) and “harbour authority” (“awdurdod harbwr”) have the meanings given by section 57(1) of the Harbours Act 1964 (c. 40);

highway” (“priffordd”) has the meaning given by section 328 of the Highways Act 1980;

“highway authority”(“awdurdod priffyrdd”) has the same meaning as in the Highways Act 1980 (c. 66) (see sections 1 to 3 of that Act);

improvement” (“gwella”), in relation to a highway, has the meaning given by section 329(1) of the Highways Act 1980;

infrastructure consent” (“cydsyniad seilwaith”) means the consent required by section 19;

infrastructure consent order” (“gorchymyn cydsyniad seilwaith”) means an order made under this Act granting infrastructure consent;

“infrastructure policy statement”(“datganiad polisi seilwaith”) has the meaning given by section 127(2);

land” (“tir”) includes buildings, monuments and land covered with waters (including the sea bed); and in relation to Part 6 (infrastructure consent orders) must be read in accordance with section 102;

LNG facility” (“cyfleuster LNG”) must be read in accordance with section 3;

local impact report” (“adroddiad ar yr effaith leol”) has the meaning given by section 36(4);

marine impact report” (“adroddiad effaith ar y môr”) has the meaning given by section 37(4);

minerals” (“mwynau”) includes all substances ordinarily worked for removal (including in the sea);

monument” (“heneb”) has the same meaning as in the Historic Environment (Wales) Act 2023 (asc. 3) (see section 2 of that Act);

natural gas” (“nwy naturiol”) means any gas derived from natural strata (including gas originating outside the United Kingdom);

planning authority” (“awdurdod cynllunio”) means a local planning authority within the meaning given by Part 1 of the TCPA 1990 for an area in Wales;

planning permission” (“caniatâd cynllunio”) means permission under Part 3 of TCPA 1990;

pre-application services” (“gwasanaethau cyn gwneud cais”) is to be interpreted in accordance with section 27(2);

public authority” (“awdurdod cyhoeddus”) means any person who has any function of a public nature;

rail freight interchange” (“cyfnewidfa nwyddau rheilffordd”) means a facility for the transfer of goods between railway and road, or between railway and another form of transport;

railway” (“rheilffordd”) has the meaning given by section 67(1) of the Transport and Works Act 1992 (c. 42);

regulations” (“rheolidau”) means regulations made by the Welsh Ministers;

section 20 consent” (“cydsyniad adran 20”) means a permission, authorisation, consent, order, or scheme mentioned in section 20 (effect of requirement for infrastructure consent on other consenting regimes)”;

significant infrastructure project” (“prosiect seilwaith arwyddocaol”) has the meaning given by Part 1;

special road” (“ffordd arbennig”) means a highway which is a special road in accordance with section 16 of the Highways Act 1980 (c. 66) or by virtue of an infrastructure consent order;

special Senedd procedure” (“gweithdrefn arbennig y Senedd”) means the procedure specified in the standing orders of Senedd Cymru for subordinate legislation that is subject to special Senedd procedure;

standard” (“safonol”), in relation to a volume of gas, means the volume of gas at a pressure of 101.325 kiloPascals and a temperature of 273 Kelvin;

TCPA 1990” (“DCGTh 1990”) means the Town and Country Planning Act 1990 (c. 8);

trunk road” (“cefnffordd”) means a highway which is a trunk road by virtue of—

(a)

section 10(1) or 19 of the Highways Act 1980,

(b)

an order or direction under section 10 of that Act, or

(c)

an infrastructure consent order,

or under any other enactment;

use” (“defnyddio”) has the meaning given by section 336(1) of TCPA 1990;

Wales” (“Cymru”) means the combined area of the counties and county boroughs in Wales (see Parts 1 and 2 of Schedule 4 to the Local Government Act 1972 (c. 70));

Welsh marine area” (“ardal forol Cymru”) means the sea adjacent to Wales out as far as the seaward boundary of the territorial sea; and the question of which parts of the sea are adjacent to Wales is to be determined in accordance with article 6 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).

(2)

A reference in this Act to a right over land includes—

(a)

a reference to a right to do, or to place and maintain, anything in, on or under land or in the space above its surface;

(b)

a reference to a restrictive covenant.

(3)

A reference in this Act to the acquisition of land, as it applies to a right over land, and a reference to the acquisition of a right over land includes—

(a)

acquiring the right by the creation of a new right as well as by the acquisition of an existing one;

(b)

the imposition of a restrictive covenant.

(4)

A reference in this Act to the sea includes the bed and subsoil of the sea.

Annotations:
Commencement Information

I1S. 143 in force at 4.6.2024, see s. 147(1)(c)