Legislation – Infrastructure (Wales) Act 2024

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

9 Rail freight interchanges

10 Harbour facilities

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

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.

77 Operation of generating stations

78 Keeping electric lines installed above ground

79 Diversion of watercourses

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

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

Which version?
Latest available (Revised)
Original (As enacted)

Changes to legislation:

There are currently no known outstanding effects for the Infrastructure (Wales) Act 2024, Section 79.

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.

Provision in orders: specific limitations and powers

79Diversion of watercourses

(1)

An infrastructure consent order may include provision authorising the diversion of any part of a navigable watercourse only if the condition in subsection (2) is met.

(2)

The new length of watercourse must be navigable in a reasonably convenient manner by vessels of a kind that are accustomed to using the part of the watercourse which is to be diverted.

(3)

In deciding whether the condition in subsection (2) is met, the effect of any bridge or tunnel must be ignored if the construction of the bridge or tunnel is part of the development for which consent is granted by the infrastructure consent order.

(4)

If an infrastructure consent order includes provision authorising the diversion of any part of a navigable watercourse, the order is also to be taken to authorise the diversion of any tow path or other way adjacent to that part.