Legalize / United Kingdom / Wales / Act of Senedd Cymru

Infrastructure (Wales) Act 2024

Type Act of Senedd Cymru

Publication 2024-06-03

Last updated 2026-03-16

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

articles Not indexed

Reform history JSON API

PART 1 — SIGNIFICANT INFRASTRUCTURE PROJECTS

Key term

Meaning of “significant infrastructure project”

1

In this Act, a “significant infrastructure project” means—

(a) development specified in this Part as a significant infrastructure project;

(b) development specified in a direction made by the Welsh Ministers under section 22 as a significant infrastructure project;

(c) development specified in the National Development Framework for Wales under section 60(3) of the Planning and Compulsory Purchase Act 2004 (c. 5) as a significant infrastructure project.

Energy

Electricity infrastructure

2

(1) The following kinds of development are significant infrastructure projects—

(a) the construction of—

(i) a generating station in Wales (other than a wind generating station), or

(ii) a generating station in the Welsh marine area,

that is expected to have an installed generating capacity of between 50 and 350 megawatts when constructed;

(b) the extension or alteration of—

(i) a generating station in Wales (other than a wind generating station), or

(ii) a generating station in the Welsh marine area,

where the effect of the extension or alteration is expected to increase the installed generating capacity by at least 50 megawatts, but not so that the installed generating capacity exceeds 350 megawatts;

(c) the construction of a wind generating station in Wales that is expected to have an installed generating capacity of at least 50 megawatts when constructed;

(d) the extension or alteration of a wind generating station in Wales where the effect of the extension or alteration is expected to increase the installed generating capacity by at least 50 megawatts;

(e) the installation of an electric line above ground in Wales that is—

(i) expected to have a nominal voltage of 132 kilovolts and be no less than 2 kilometres long (to the extent it is in Wales), and

(ii) associated with the construction, extension or alteration of a generating station to which paragraphs (a) to (d) apply.

(2) In this section—

“installed generating capacity” (“capasiti cynyrchu gosodedig”) means the maximum capacity of electricity generation (in megawatts) at which that generating station could be operated for a sustained period without damage being caused to it (assuming the source of energy used to generate electricity is available without interruption);

“wind generating station” (“gorsaf ynni gwynt”) means a generating station which generates electricity from wind.

Liquified natural gas facilities

3

(1) The construction of an LNG facility in Wales or the Welsh marine area is a significant infrastructure project if—

(a) the storage capacity of the facility is expected to be at least 43 million standard cubic metres, or

(b) the maximum flow rate of the facility is expected to be at least 4.5 million standard cubic metres per day.

(2) The alteration of an LNG facility in Wales or the Welsh marine area is a significant infrastructure project if the expected effect of the alteration is to increase—

(a) the storage capacity of the facility by at least 43 million standard cubic metres, or

(b) the maximum flow rate of the facility by at least 4.5 million standard cubic metres per day.

(3) In this section—

“LNG facility” (“cyfleuster LNG”) means a facility for— the reception of liquid natural gas from outside Wales and the Welsh marine area, the storage of that gas, and the regasification of that gas;

“maximum flow rate” (“cyfradd llif uchaf”) means the maximum rate at which gas is able to flow out of the facility, on the assumption that— the facility is filled to maximum capacity, and the rate is measured after regasification of the liquid natural gas and any other processing required on the recovery of the gas from storage;

“storage capacity” (“cynhwysedd storio”) means the capacity of the facility for storage of liquid natural gas measured as if the gas were stored in regasified form.

Gas reception facilities

4

(1) The construction of a gas reception facility is a significant infrastructure project if—

(a) the facility is in Wales or the Welsh marine area,

(b) the facility is within subsection (3), and

(2) The alteration of a gas reception facility is a significant infrastructure project if—

(a) the facility is in Wales or the Welsh marine area,

(b) the facility is within subsection (3), and

(c) the expected effect of the alteration is to increase the maximum flow rate of the facility by at least 4.5 million standard cubic metres per day.

(3) A gas reception facility is within this subsection if the gas handled by the facility—

(a) does not originate in—

(i) Wales or the Welsh marine area,

(ii) England or waters adjacent to England up to the seaward limits of the territorial sea,

(iii) Scotland or waters adjacent to Scotland up to the seaward limits of the territorial sea, or

(iv) the Renewable Energy Zone,

(b) does not arrive at the facility from England or Scotland, and

(4) In this section—

“gas reception facility” (“cyfleuster derbyn nwy”) means a facility for— the reception of natural gas in gaseous form from outside Wales and the Welsh marine area, and the handling of natural gas (other than its storage);

“maximum flow rate” (“cyfradd llif uchaf”) means the maximum rate at which gas is able to flow out of the facility;

“Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004 (c. 20).

Hydraulic fracturing for oil and gas and coal gasification

5

The following developments are significant infrastructure projects—

(a) the exploration, appraisal or production of coal bed methane, shale oil or shale gas using hydraulic fracturing in Wales or the Welsh marine area, except the making of exploratory boreholes for the purpose of core sampling in a way that does not involve the carrying out of hydraulic fracturing;

(b) the gasification of coal in the strata in Wales or the Welsh marine area, except the making of exploratory boreholes for the purpose of core sampling.

Open cast coal mining

6

The carrying out of operations in Wales for the purpose of—

(a) creating an open cast coal mine, or

(b) winning and working of coal from an open cast mine,

is a significant infrastructure project.

Transport

Highways

7

(1) The following kinds of development are significant infrastructure projects—

(a) the construction of a highway in a case falling within subsection (2);

(b) the alteration or improvement of a highway in a case falling within subsection (3),

unless they are excluded by any of subsections (4) to (6).

(2) Construction of a highway is within this subsection only if—

(a) the highway will (when constructed) be in Wales,

(b) the Welsh Ministers will be the highway authority for the highway, and

(3) Alteration or improvement of a highway is within this subsection only if—

(a) the highway will (when constructed) be in Wales,

(b) the Welsh Ministers will be the highway authority for the highway, and

(4) This section does not apply to the construction, alteration or improvement of a highway if—

(a) an order mentioned in section 20(3) has been made in relation to the development before the coming into force of that section,

(b) a further order is needed in relation to the development, and

(5) This section does not apply to the alteration of a highway if—

(a) planning permission has been granted for a development,

(b) the alteration is necessary as a result of the development, and

(6) This section does not apply to the alteration of a highway if—

(a) an order mentioned in section 20(3) has been made in relation to local highway works,

(b) the alteration is necessary as a result of the local highway works, and

(c) the local highway authority responsible for the local highway works has asked for the alteration to be made to the highway.

(7) In this section—

“local highway authority” (“awdurdod priffyrdd lleol”) has the meaning given by section 329(1) of the Highways Act 1980 (c. 66);

“local highway works” (“gwaith priffordd leol”) means works carried out by or on behalf of a local highway authority in relation to a highway for which it is the highway authority (and the local highway authority is referred to in this section as “responsible” for those works).

Railways

8

(1) The construction of a railway is a significant infrastructure project if—

(a) the railway will (when constructed) start, end and remain in Wales,

(b) the railway will (when constructed) be part of a network operated by an approved operator,

(c) the railway will (when constructed) include a stretch of track that is a continuous length of more than 2 kilometres, and

(d) the construction of the railway is not permitted development.

(2) The alteration of a railway is a significant infrastructure project if—

(a) the part of the railway to be altered is part of a railway that starts, ends and remains in Wales,

(b) the railway is part of a network operated by an approved operator,

(c) the alteration of the railway will include laying a stretch of track that is a continuous length of more than 2 kilometres, and

(d) the construction of the railway is not permitted development.

(3) This section does not apply to construction or alteration of a railway to the extent that the railway forms part (or will when constructed form part) of a rail freight interchange.

(4) In this section—

“approved operator” (“gweithredwr a gymeradwywyd”) means— a person who is authorised to be the operator of a network by a licence granted under section 8 of the Railways Act 1993 (c. 43) (licences for operation of railway assets), or a wholly-owned subsidiary of a company that is such a person;

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

“permitted development” (“datblygu a ganiateir”) means development in relation to which planning permission is granted by article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) (as it has effect from time to time);

“wholly-owned subsidiary” (“is-gwmni o dan berchnogaeth lwyr”) has the same meaning as in the Companies Act 2006 (c. 46) (see section 1159 of that Act).

Rail freight interchanges

9

(1) The construction of a rail freight interchange is a significant infrastructure project if (when constructed) each of the conditions in subsections (3) to (7) is expected to be met in relation to it.

(2) The alteration of a rail freight interchange is a significant infrastructure project if—

(a) following the alteration, each of the conditions in subsections (3)(a) and (4) to (7) is expected to be met in relation to it, and

(b) the alteration is expected to have the effect specified in subsection (8).

(3) The land on which the rail freight interchange is situated must—

(a) be in Wales, and

(b) be at least 60 hectares in area.

(4) The rail freight interchange must be capable of handling—

(a) consignments of goods from more than one consignor and to more than one consignee, and

(b) at least four goods trains per day.

(5) The rail freight interchange must be part of the railway network in Wales.

(6) The rail freight interchange must include warehouses to which goods can be delivered from the railway network in Wales either directly or by means of another form of transport.

(7) The rail freight interchange must not be part of a military establishment.

(8) The effect referred to in subsection (2)(b) is to increase by at least 60 hectares the area of the land on which the rail freight interchange is situated.

(9) In this section—

“goods train” (“trên nwyddau”) means a train that (ignoring any locomotive) consists of items of rolling stock designed to carry goods;

“military establishment” (“sefydliad milwrol”) means an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.

(10) The following terms have the meanings given by section 83(1) of the Railways Act 1993 (c. 43)—

“network” (“rhwydwaith”);

“rolling stock” (“cerbydau rheilffyrdd”);

“train” (“trên”).

Harbour facilities

10

(1) The construction of harbour facilities is a significant infrastructure project if (when constructed) the harbour facilities—

(a) will be wholly in Wales, the Welsh marine area or both,

(b) will not be, or will not form part of, a reserved trust port, and

(c) are expected to be capable of handling the embarkation or disembarkation of at least the relevant quantity of material per year.

(2) The alteration of harbour facilities is a significant infrastructure project if—

(a) the harbour facilities are wholly in Wales, the Welsh marine area or both,

(b) the harbour facilities are not, or do not form part of, a reserved trust port, and

(c) the effect of the alteration is expected to be to increase by at least the relevant quantity per year the quantity of material the embarkation or disembarkation of which the facilities are capable of handling.

(3) “The relevant quantity” is—

(a) in the case of facilities for container ships, 50,000 TEU;

(b) in the case of facilities for roll-on roll-off ships, 25,000 units;

(d) in the case of facilities for more than one of the types of ships mentioned in paragraphs (a) to (c), an equivalent quantity of material.

(4) For the purposes of subsection (3)(d), facilities are capable of handling an equivalent quantity of material if the sum of the relevant fractions is one or more.

(5) The relevant fractions are—

(a) to the extent that the facilities are for container ships—

$$x 50,000$ Figure 1 where x is the number of TEU that the facilities are capable of handling;$

(b) to the extent that the facilities are for roll-on roll-off ships—

$$y 25,000$ Figure 2 where y is the number of units that the facilities are capable of handling;$

$$z 500,000$ Figure 3 where z is the number of tonnes of material that the facilities are capable of handling.$

(6) In this section—

“cargo ship” (“llong gargo”) means a ship which is used for carrying cargo;

“container ship” (“llong gynwysyddion”) means a cargo ship which carries all or most of its cargo in containers;

“reserved trust port” (“porthladd ymddiriedolaeth a gedwir yn ôl”) has the meaning given in section 32 of the Wales Act 2017 (c. 4);

“roll-on roll-off ship” (“llong gyrru i mewn ac allan”) means a ship which is used for carrying wheeled cargo;

“TEU” (“UCU”) means a twenty-foot equivalent unit;

“unit” (“uned”) in relation to a roll-on roll-off ship means any item of wheeled cargo (whether or not self-propelled).

Airports

11

(1) The following kinds of development are significant infrastructure projects—

(a) the construction of an airport in Wales or the Welsh marine area in a case within subsection (2),

(b) the alteration of an airport in Wales or the Welsh marine area in a case within subsection (3), or

(2) Construction of an airport is within this subsection if (when constructed) the airport is expected to be capable of providing—

(a) air passenger transport services for at least 1 million passengers per year, or

(b) air cargo transport services for at least 5,000 air transport movements of cargo aircraft per year.

(3) Alteration of an airport is within this subsection if the alteration is expected—

(a) to increase by at least 1 million per year the number of passengers for whom the airport is capable of providing air passenger transport services, or

(b) to increase by at least 5,000 per year the number of air transport movements of cargo aircraft for which the airport is capable of providing air cargo transport services.

(4) “Alteration”, in relation to an airport, includes the construction, extension or alteration of—

(a) a runway at the airport,

(b) a building at the airport, or

(5) An increase in the permitted use of an airport is within this subsection only if—

(a) it is an increase of at least 1 million per year in the number of passengers for whom the airport is permitted to provide air passenger transport services, or

(b) it is an increase of at least 5,000 per year in the number of air transport movements of cargo aircraft for which the airport is permitted to provide air cargo transport services.

(6) In this section—

“air cargo transport services” (“gwasanaethau cludo cargo awyr”) means services for the carriage by air of cargo;

“air passenger transport services” (“gwasanaethau cludo teithwyr awyr”) means services for the carriage by air of passengers;

“air transport movement” (“symudiad cludo awyr”) means a landing or take-off of an aircraft;

“cargo” (“cargo”) includes mail;

“cargo aircraft” (“awyren cargo”) means an aircraft which is— designed to transport cargo but not passengers, and engaged in the transport of cargo on commercial terms;

“permitted” (“a ganiateir”) means permitted by planning permission or infrastructure consent.

Water

Dams and reservoirs

12

The following kinds of development are significant infrastructure projects—

(a) the construction of a dam or reservoir in Wales if the volume of water to be held back by the dam or stored in the reservoir is expected to exceed 10 million cubic metres;

(b) the alteration of a dam or reservoir in Wales if the additional volume of water to be held back by the dam or stored in the reservoir as a result of the alteration is expected to exceed 10 million cubic metres.

Transfer of water resources

13

(1) Development relating to the transfer of water resources is a significant infrastructure project if—

(a) the development is carried out by one or more water undertakers,

(b) the development takes place in Wales,

(c) the volume of water to be transferred as a result of the development is expected to exceed 100 million cubic metres per year,

(d) the development enables the transfer of water resources—

(i) between river basins in Wales,

(ii) between water undertakers’ areas in Wales, or

(iii) between a river basin in Wales and a water undertaker’s area in Wales, and

(e) the development does not relate to the transfer of drinking water.

(2) In this section—

“river basin” (“basn afon”) means an area of land drained by a river and its tributaries;

“water undertaker” (“ymgymerwr dŵr”) means a company appointed as a water undertaker under section 6 of the Water Industry Act 1991 (c. 56) (appointment of relevant undertakers);

“water undertaker’s area” (“ardal ymgymerwr dŵr”) means the area for which a water undertaker is appointed under that Act.

Waste water

Waste water treatment plants

14

(1) The construction of a waste water treatment plant is a significant infrastructure project if—

(a) the treatment plant is in Wales or the Welsh marine area, and

(b) the treatment plant (when constructed) is expected to have a capacity exceeding a population equivalent of 500,000.

(2) The construction of infrastructure for the transfer or storage of waste water is a significant infrastructure project if—

(a) the infrastructure is in Wales or the Welsh marine area,

(b) the main purpose of the infrastructure is—

(i) the transfer of waste water for treatment, or

(ii) the storage of waste water prior to treatment,

or both, and

(3) The alteration of a waste water treatment plant is a significant infrastructure project if—

(a) the plant is in Wales or the Welsh marine area, and

(b) the effect of the alteration is expected to be to increase by more than a population equivalent of 500,000 the capacity of the plant.

(4) The alteration of infrastructure for the transfer or storage of waste water is a significant infrastructure project if—

(a) the infrastructure is in Wales or the Welsh marine area,

(b) the main purpose of the infrastructure is—

(i) the transfer of waste water for treatment, or

(ii) the storage of waste water prior to treatment,

or both, and

(c) the effect of the alteration is expected to be to increase the capacity of the infrastructure for the storage of waste water by more than 350,000 cubic metres.

(5) In this section, “waste water” includes domestic waste water, industrial waste water and urban waste water.

(6) The following terms used in this section have the meanings given by regulation 2(1) of the Urban Waste Water Treatment (England and Wales) Regulations 1994 (S.I. 1994/2841) (as amended from time to time)—

“domestic waste water” (“dŵr gwastraff domestig”);

“industrial waste water” (“dŵrgwastraff diwydiannol”);

“population equivalent” (“cyfwerth poblogaeth”);

“urban waste water” (“dŵr gwastraff trefol”).

Waste

Hazardous waste facilities

15

(1) The construction of a hazardous waste facility is a significant infrastructure project if—

(a) the facility is in Wales or the Welsh marine area,

(b) the main purpose of the facility is the final disposal or recovery of hazardous waste, and

(2) The capacity is—

(a) in the case of the disposal of hazardous waste by landfill or in a deep storage facility, more than 100,000 tonnes per year;

(b) in any other case, more than 30,000 tonnes per year.

(3) The alteration of a hazardous waste facility is significant infrastructure project if—

(a) the facility is in Wales or the Welsh marine area,

(b) the main purpose of the facility is the final disposal or recovery of hazardous waste, and

(i) in the case of the disposal of hazardous waste by landfill or in a deep storage facility, by more than 100,000 tonnes per year;

(ii) in any other case, by more than 30,000 tonnes per year.

(4) In this section, “deep storage facility” means a facility for the storage of waste underground in a deep geological cavity.

(5) The following terms used in this section have the same meanings as in the Hazardous Waste (England and Wales) Regulations 2005 (S.I. 2005/894) (as amended from time to time)—

“disposal” (“gwaredu”);

“hazardous waste” (“gwastraff peryglus”);

“recovery” (“adfer”).

Radioactive waste geological disposal facilities

16

(1) Development relating to a radioactive waste geological disposal facility within subsection (4) or (6) is a significant infrastructure project.

(2) A radioactive waste geological disposal facility means a facility which meets the conditions in subsection (3).

(3) The conditions are that—

(a) the main purpose of the facility is expected to be the final disposal of radioactive waste,

(b) the part of the facility where radioactive waste is to be disposed of is expected to be constructed at a depth of at least 200 metres beneath the surface of the ground or seabed, and

(c) the natural environment which surrounds the facility is expected to act, in combination with any engineered measures, to inhibit the transit of radionuclides from the part of the facility where radioactive waste is to be disposed of to the surface.

(4) Development is within this subsection if—

(a) it is the construction of one or more boreholes, and the carrying out of any associated excavation, construction or building work,

(b) the borehole or boreholes will be constructed, and any associated excavation, construction or building work will be carried out, in Wales or the Welsh marine area, and

(5) The conditions are that—

(a) the borehole is expected to be constructed to a depth of at least 150 metres beneath the surface of the ground or seabed, and

(b) the main purpose of constructing the borehole is to obtain information, data or samples to determine the suitability of a site for the construction or use of a radioactive waste geological disposal facility.

(6) Development is within this subsection if—

(a) it is the construction of a radioactive waste geological disposal facility, and

(b) the facility (when constructed) will be in Wales or the Welsh marine area.

(7) In this section—

“disposal” (“gwaredu”) in relation to radioactive waste means emplacement in an appropriate facility without the intention to retrieve;

“radioactive waste” (“gwastraff ymbelydrol”) has the same meaning as in the Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154) (as amended from time to time) (see paragraph 3(1) of Part 2 of Schedule 23 to those regulations).

Power to amend

Power to add, vary or remove projects

17

(1) Regulations may—

(a) amend this Part to add a new type of significant infrastructure project or vary or remove an existing significant infrastructure project;

(b) make further provision, or amend or repeal existing provision, about the type of project that is, or is not, a significant infrastructure project.

(2) Regulations under subsection (1)(b) may amend this Act.

(3) Regulations under subsection (1) may only add a new type of project or vary an existing type of project if—

(a) the project, or any variation of an existing project, is for the carrying out of works in one or more of the fields specified in subsection (4), and

(b) the works are to be carried out in Wales or the Welsh marine area or both.

(4) The fields are—

(a) energy;

(b) flood prevention;

(d) transport;

(e) water;

(f) waste water;

(g) waste.

Interpretation

Cross-border projects

18

(1) In this Part, references to development being in Wales include development partly in Wales, unless reference is made to a development being wholly in Wales.

(2) In this Part, references to development being in the Welsh marine area include development partly in the Welsh marine area.

(3) If infrastructure consent is required for development that is partly in Wales or partly in Welsh marine area, infrastructure consent is required to the extent it is in Wales or the Welsh marine area (as the case may be).

The requirement

19

The consent of the Welsh Ministers (“infrastructure consent”) is required for development to the extent that the development is or forms part of a significant infrastructure project.

20

(1) To the extent that infrastructure consent is required for development, none of the following is required for the development—

(a) planning permission;

(b) consent under section 36 or 37 of the Electricity Act 1989 (c. 29) (construction etc. of generating stations and installation of overhead lines);

(i) Part 2 (works affecting scheduled monuments: class authorisations and authorisation by scheduled monument consent);

(ii) Part 3 (works affecting listed buildings: authorisation by listed building consent);

(iii) Part 4 (demolition of buildings in conservation areas: authorisation by conservation area consent).

(2) To the extent that infrastructure consent is required for development, the development may not be authorised by any of the following—

(a) an order under section 14 or 16 of the Harbours Act 1964 (c. 40) (orders in relation to harbours, docks and wharves);

(b) an order under section 1 or 3 of the Transport and Works Act 1992 (c. 42) (orders as to railways, tramways, inland waterways etc.).

(3) If infrastructure consent is required for the construction, improvement or alteration of a highway, none of the following may be made or confirmed in relation to the highway or in connection with the construction, improvement or alteration of the highway—

(a) an order under section 10 of the Highways Act 1980 (c. 66) (general provisions as to trunk roads) directing that the highway should become a trunk road;

(b) an order under section 14 of that Act (supplementary orders relating to trunk roads and classified roads);

(d) an order under section 18 of that Act (supplementary orders relating to special roads);

(e) an order or scheme under section 106 of that Act (orders and schemes providing for construction of bridges over or tunnels under navigable waters);

(f) an order under section 10‍8 of that Act (orders authorising the diversion of navigable watercourses);

(g) an order under section 6 of the New Roads and Street Works Act 1991 (c. 22) (toll orders).

(4) If infrastructure consent is required for the construction, improvement or alteration of a highway, section 110 of the Highways Act 1980 (c. 66) (power to authorise diversion of non-navigable waters) does not apply in relation to the highway or in connection with the construction, improvement or alteration of the highway.

Powers to change the requirement or its effect

21

(1) The Welsh Ministers may by regulations—

(a) amend section 20(1) or (2)—

(i) to add or remove a type of consent, or

(ii) to vary the cases in relation to which a type of consent is within those subsections;

(b) make further provision about—

(i) the types of consent that are, and are not, within section 20(1) or (2), or

(ii) the cases in relation to which a type of consent is, or is not, within either of those subsections.

(2) Regulations made under subsection (1)(b) may amend, modify, repeal or revoke an enactment (including an enactment contained in this Act).

(3) In this section, “consent” means—

(a) consent, authorisation or permission required, under an enactment, to be obtained for development,

(b) consent, authorisation or permission, that—

(i) may authorise development, and

(ii) is given under an enactment, or

Directions specifying development as a significant infrastructure project

22

(1) The Welsh Ministers may give a direction specifying development as a significant infrastructure project.

(2) The Welsh Ministers may only give a direction under subsection (1) if—

(a) the development will (when completed) be wholly or partly in Wales or the Welsh marine area,

(b) the development is or forms part of a project (or proposed project) that the Welsh Ministers consider to be of national significance to Wales, either by itself or when considered with one or more other projects, and

(3) A direction under subsection (1) applies to a development partly in Wales or the Welsh marine area only to the extent that the development is in Wales or the Welsh marine area.

(4) The Welsh Ministers may require an authority within subsection (5) to provide any information required by the Welsh Ministers for the purpose of enabling them to decide—

(a) whether to give a direction under subsection (1), and

(b) the terms in which such a direction should be given.

(5) An authority is within this subsection if an application for a section 20 consent in relation to the development has been, or may be, made to it.

23

(1) If the Welsh Ministers give a direction under section 22 in relation to development, the Welsh Ministers may—

(a) if an application for a section 20 consent has been made in relation to the development, direct the application to be treated as an application for infrastructure consent;

(b) if a person proposes to make an application for such a consent in relation to the development, direct the proposed application to be treated as a proposed application for infrastructure consent.

(2) A direction under this section may provide for specified provisions of any enactment (including an enactment contained in this Act)—

(a) to have effect in relation to the application, or proposed application, with any specified modifications, or

(b) to be treated as having been complied with in relation to the application or proposed application.

(3) If the Welsh Ministers give a direction under this section, the relevant authority must refer the application, or proposed application, to the Welsh Ministers instead of dealing with it themselves.

(4) If the Welsh Ministers are considering whether to give a direction under this section, the Welsh Ministers may direct the relevant authority to take no further action in relation to the application, or proposed application, until the Welsh Ministers have decided whether to give the direction.

(5) In this section, “relevant authority”—

(a) in relation to an application for a section 20 consent that has been made, means the authority to which the application was made, and

(b) in relation to such an application that a person proposes to make, means the authority to which the person proposes to make the application.

Directions specifying that development is not a significant infrastructure project

24

(1) The Welsh Ministers may give a direction specifying development that would otherwise be a significant infrastructure project as not being a significant infrastructure project.

(2) Development specified under this section is not to be treated as a significant infrastructure project for the purposes of this Act.

(3) The Welsh Ministers may only give a direction under subsection (1) if the development will (when completed) be partly in Wales or the Welsh marine area.

(4) As soon as reasonably practicable after giving a direction under subsection (1), the Welsh Ministers must—

(a) publish the direction, and

(b) lay a statement about the direction before Senedd Cymru explaining its effect and why it was made.

Directions under section 22 to 24: general provision

25

(1) This sections applies to directions under sections 22, 23 and 24.

(2) A direction may be given subject to conditions.

(3) A direction may specify the period for which it has effect.

(4) The Welsh Ministers may give a direction following a qualifying request from a developer or where there is not a qualifying request from a developer.

(5) The Welsh Ministers are not required to consider a request for a direction unless it is a qualifying request from a developer.

(6) If the Welsh Ministers receive a qualifying request, they must give reasons for their decision to give or not to give the requested direction to the person who made the request.

(7) In this section—

“developer” (“datblygwr”) means— a person who proposes to carry out any of the development to which the request relates; a person who has applied, or proposes to apply, for a section 20 consent in relation to any of that development; a person who, if a direction under section 22(1) is given in relation to that development, proposes to apply for infrastructure consent for any of that development;

“qualifying request” (“archiad cymhwysol”) means a written request for a direction that specifies the development to which it relates.

Directions under section 22: regulations about procedure

26

Regulations may make provision about the following procedural matters in connection with directions under section 22, 23 or 24—

(a) time limits for making decisions following requests for directions;

(b) the form of requests for directions;

(d) the persons or persons of a description to be notified in connection with requests for directions.

Assistance for applicants

Provision of pre-application services

27

(1) Regulations may make provision for or in connection with the provision of pre-application services by a planning authority, Natural Resources Wales or the Welsh Ministers, including provision about—

(a) the circumstances in which pre-application services are required to be provided (including provision about the form and content of requests for pre-application services, and information that is to accompany a request);

(b) the nature of the services required to be provided, and when and how they are to be provided;

(c) the publication of a statement giving information about the range of pre-application services provided by a planning authority, Natural Resources Wales or the Welsh Ministers;

(d) other steps required to be taken by any person in connection with, or for the purposes of, the provision of services under the regulations.

(2) References in this Act to pre-application services are to services provided to a person for the purpose of assisting the person in applying for an infrastructure consent order.

Obtaining information about interests in land

28

(1) Where a person is applying, or proposes to apply, for an infrastructure consent order subsections (2) and (3) apply for the purpose of enabling the person (“the applicant”) to comply with provisions of, or made under, section 29, section 30 and sections 64 to 72.

(2) The Welsh Ministers may authorise the applicant to serve a notice on a person specified in subsection (4) requiring the person (“the recipient”) to give to the applicant in writing the name and address of any person the recipient believes is one or more of the following—

(a) an owner, lessee, tenant (whatever the tenancy period) or occupier of the land;

(b) a person interested in the land;

(i) to sell and convey the land, or

(ii) to release the land.

(3) The Welsh Ministers may authorise the applicant to serve a notice on a person specified in subsection (4) requiring the person (“the recipient”) to give to the applicant in writing the name and address of any person the recipient believes is a person who, if the order sought by the application or proposed application were to be made and fully implemented, would or might be entitled to make a relevant claim—

(a) as a result of the implementing of the order,

(b) as a result of the order having been implemented, or

(4) The persons are—

(a) an occupier of the land;

(b) a person who has an interest in the land as freeholder, mortgagee or lessee;

(d) a person who, in pursuance of an agreement between that person and a person interested in the land, is authorised to manage the land or to arrange for the letting of it.

(5) Regulations may make provision about a notice under subsection (2) or (3), including provision about—

(a) the form and content of a notice;

(b) how a notice is to be given;

(6) A person commits an offence if the person fails without reasonable excuse to comply with a notice under subsection (2) or (3) served on the person.

(7) A person commits an offence if, in response to a notice under subsection (2) or (3) served on the person—

(a) the person gives information which is false in a material particular, and

(b) when the person does so, the person knows or ought reasonably to know that the information is false.

(8) A person guilty of an offence under this section is liable on summary conviction to a fine.

(9) In subsections (2) to (4) “the land” means—

(a) the land to which the application, or proposed application, relates, or

(b) any part of that land.

(10) Any other expression that appears in either of paragraphs (b) and (c) of subsection (2) and also in section 5(1) of the Compulsory Purchase Act 1965 (c. 56) has in those paragraphs the meaning that it has in section 5(1) of that Act.

(11) In subsection (4) as it applies for the purposes of subsection (3) “the land” also includes any relevant affected land (see subsection (12)).

(12) Where the applicant believes that, if the order sought by the application or proposed application were to be made and fully implemented, there would or might be persons entitled—

(a) as a result of the implementing of the order,

(b) as a result of the order having been implemented, or

to make a relevant claim in respect of any land or in respect of an interest in any land, that land is “relevant affected land” for the purposes of subsection (11).

(13) In this section, “relevant claim” means—

(a) a claim under section 10 of the Compulsory Purchase Act 1965 (compensation where satisfaction not made for compulsory purchase of land or not made for injurious affection resulting from compulsory purchase);

(b) a claim under Part 1 of the Land Compensation Act 1973 (c. 26) (compensation for depreciation of land value by physical factors caused by use of public works);

Pre-application procedure

Notice of proposed application

29

(1) A person who proposes to make an application for infrastructure consent must notify the following of the proposed application—

(a) the Welsh Ministers;

(b) if the proposed development is in Wales, each planning authority for the area in which the proposed development is located;

(d) each Member of the Senedd representing an area in which the proposed development is located;

(e) each Member of the House of Commons representing an area in which the proposed development is located;

(f) if the proposed development is in the Welsh marine area, Natural Resources Wales and each planning authority and community council the person considers appropriate;

(g) each Member of the Senedd and Member of the House of Commons the person considers appropriate;

(h) any other person or person of a description specified in regulations.

(2) The notice must comply with requirements specified in regulations.

(3) Regulations under subsection (2) may (among other requirements) include requirements relating to—

(a) the form and content of a notice;

(b) information, documents or other material that is to accompany a notice;

(4) If the Welsh Ministers receive a notice that complies with the requirements specified in regulations under subsection (2), they must give notice to the person that the notification has been accepted.

(5) Regulations may make provision about the giving of notice by the Welsh Ministers under subsection (4), including (among other things) provision about—

(a) the form and content of the notice;

(b) how it is to be given;

(c) the period within which it is to be given (including provision about circumstances in which the Welsh Ministers may extend that period in a particular case).

(6) This section does not apply if the proposed application relates to infrastructure consent required by virtue of a direction made under section 22(1) following a qualifying request from a developer.

Pre-application consultation and publicity

30

(1) A person who proposes to make an application for infrastructure consent (“the applicant”) must carry out consultation on the proposed application.

(2) Regulations may make provision for, or in connection with, the consultation required under this section, including (among other things) provision—

(a) about the persons or persons of a description required to be consulted;

(b) about how the consultation is to be carried out (including the form and content of documents, information and other materials that are to be provided to a person for the purposes of, or in connection with, the consultation);

(c) about the matters to be consulted on, including (among other things) the benefits of the proposed development for people living in the area of the proposed development;

(d) about responding to the consultation (including provision requiring a person or description of person consulted to respond to the consultation or to respond to the consultation in a particular way, or to respond within a particular time);

(e) about the timetable in connection with carrying out the consultation;

(f) requiring a person consulted by virtue of paragraph (a) to prepare and publish a report about the person’s compliance with any requirement imposed by virtue of paragraph (d) or (e) (including the form and content of the report and the time at which it is to be made).

(3) The applicant must publicise the proposed application in the way specified in regulations.

(4) If section 29 applies to a proposed application, a step taken in respect of the proposed application before the date on which notice is given by the Welsh Ministers under section 29(4) is not to be treated as consultation or publicity under this section.

31

(1) The duties in section 29(1) and 30(1) do not apply to a person proposing to make an application for infrastructure consent (“person A”) if—

(a) notice has been given under section 29(1) by another person (“person B”) in respect of the same or substantially the same proposed development, and

(b) condition 1 or condition 2 applies.

(2) Condition 1 is that the notice given by person B specifies that the application for infrastructure consent in respect of the proposed development will be made by person A.

(3) Condition 2 is that arrangements for person A to make the application for infrastructure consent are made during or as a result of consultation on the proposed application under section 30 carried out by person B.

Application procedure

32

(1) Infrastructure consent may be given only if an application is made for it.

(2) An application for infrastructure consent must be made to the Welsh Ministers.

(3) An application for infrastructure consent must—

(a) specify the development to which it relates;

(b) include a draft infrastructure consent order;

(4) Regulations may make provision about applications for infrastructure consent, including (among other things) provision about—

(a) the form and content of an application (including the required draft infrastructure consent order);

(b) how an application is to be made;

(d) processing an application;

(e) varying or withdrawing an application;

(f) notices relating to applications;

(g) the period within which an application must be made and extension of that period.

(5) Regulations under subsection (4) may confer a function, including a function involving the exercise of a discretion, on any person.

(6) In subsection (3)(c), “pre-application consultation report” means a report giving details of—

(a) how the applicant complied with section 30;

(b) the responses received from persons by virtue of section 30 and the account taken of the responses.

Deciding on the validity of an application and notifying the applicant

33

(1) Where the Welsh Ministers receive an application for infrastructure consent, they must decide whether or not to accept the application as a valid application.

(2) An application is a valid application if—

(a) it is received by the Welsh Ministers within the period specified in regulations under section 32(4)(g);

(b) it complies with the requirements imposed by or under section 32.

(3) If the Welsh Ministers accept the application the Welsh Ministers must give notice of the decision to the applicant.

(4) If the Welsh Ministers decide that the application cannot be accepted the Welsh Ministers must give notice of their decision to the applicant giving reasons for the decision.

(5) For the purposes of this Act an application is accepted as a valid application on the day on which the Welsh Ministers give the applicant a notice of the decision under subsection (1).

Notice of accepted applications and publicity

34

(1) This section‍ applies where the Welsh Ministers accept an application for infrastructure consent as a valid application.

(2) The Welsh Ministers must give notice of the application—

(a) in the case of an application for development in Wales—

(i) to‍ each planning authority for an area in which the proposed development is located;‍

(ii) if the proposed development is located in an area for which there is a community council, to the community council;

(iii) to each Member of the Senedd representing an area in which the proposed development is situated;

(iv) to each Member of the House of Commons representing an area in which the proposed development is situated;

(b) in the case of an application for development in the Welsh marine area—

(i) to Natural Resources Wales;

(ii) to‍ each planning authority and community council they consider appropriate;

(iii) to each Member of the Senedd and Member of the House of Commons they consider appropriate;

(3) The Welsh Ministers must publicise the application in the way specified in regulations.

(4) The Welsh Ministers must—

(a) specify in any notice or publicity under this section, and

(b) in any direction under subsection (10), require the applicant to specify in any notice or publicity required by the direction,

a deadline by which the Welsh Ministers must receive representations on the application.

(5) The deadline must be after the end of the minimum representation period specified in regulations.

(6) The Welsh Ministers must make available to the examining authority any representations they receive within the deadline specified in the publicity.

(7) The Welsh Ministers may—

(a) extend the deadline before it expires;

(b) extend the deadline more than once.

(8) Where the Welsh Ministers extend the deadlin‍e in respect of the application, they must—

(a) give a further notice under subsection 34(2) to the same persons,

(b) undertake further publicity under subsection (3), and

(c) if a direction was given under subsection (10), give a further direction under subsection (10) requiring the applicant to—

(i) give a further notice to the same persons, and

(ii) undertake further publicity in the same way.

(9) The Welsh Ministers must—

(a) specify in any further notice or further publicity, and

(b) in any further direction, require the applicant to specify in any further notice or further publicity,

the reasons for extending the deadline.

(10) The Welsh Ministers may direct the applicant to—

(a) notify a person or‍ person of a description specified in the direction of the application;

(b) publicise the application in the way specified in the direction.

(11) The duties in subsections (2) and (3) do not require the Welsh Ministers to do anything an applicant is required to do by a direction under subsection (10).

Regulations about notices and publicity

35

(1) Regulations may—

(a) in relation to a notice given under section 33 or 34, or representations on an application given under section 34, make provision about—

(i) the form and content of the notice or the representations;

(ii) how the notice or the representations are given;

(iii) the timescales for giving the notice and representations;

(b) impose requirements on‍ a person or person of a description specified in the regulations to respond to a notice under section 34(2);

(d) make provision about the publication of representations received in response to notice and publicity under section 34.

(2) Regulations under subsection (1) may confer a function, including a function involving the exercise of a discretion, on any person.

Local impact reports

36

(1) A planning authority must respond to a notice given under section 34(2)(a), and may respond to a notice given under section 34(2)(b), by submitting a local impact report in respect of the application to the Welsh Ministers before the deadline specified in the notice.

(2) A community council may respond to a notice given under section 34(2)(a) or (b) by submitting a local impact report to the Welsh Ministers before the deadline specified in the notice.

(3) A planning authority or community council may submit a local impact report otherwise than in response to a notice given under section 34(2) before the deadline specified in publicity under section 34(3).

(4) In this Act, a local impact report in respect of an application is a report in writing that—

(a) gives details of the likely impact of the proposed development on the area (or a part of the area) of the local planning authority or community council submitting the report, and

(b) complies with requirements specified in regulations about the form and content of a local impact report.

Marine impact reports

37

(1) If the draft order submitted with an application for infrastructure consent contains provision for a deemed marine licence Natural Resources Wales must respond to a notice given under section 34(2)(b) by submitting a marine impact report in respect of the application to the Welsh Ministers before the deadline specified in the notice.

(2) The Welsh Ministers may direct Natural Resources Wales to submit a marine impact report in respect of an application for infrastructure consent and Natural Resources Wales must submit the report within the deadline specified in the direction.

(3) Natural Resources Wales may submit a marine impact report in respect of an application for infrastructure consent otherwise than in response to a notice given under section 34(2)(b) or a direction given under subsection (2) before the deadline specified in publicity under section 34(3).

(4) In this Act, a marine impact report in respect of an application is a report in writing that—

(a) gives details of the likely impact of the proposed development on the marine environment, and

(b) complies with requirements specified in regulations about the form and content of a marine impact report.

(5) In this section, “the marine environment” includes—

(a) the natural beauty or amenity of marine or coastal areas (including their geological or physiographical features);‍

(b) flora and fauna which are dependent on, or associated with, a marine or coastal environment.

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

38

(1) This section applies where—

(a) the Welsh Ministers have accepted an application for infrastructure consent as valid, and

(b) the application includes a request to authorise compulsory acquisition of land or of an interest in or right over land (a “compulsory acquisition request”).

(2) The applicant must give to the Welsh Ministers a notice specifying the names, and such other information as may be specified in regulations, of each affected person.

(3) Notice under subsection (2) must be given in the form and manner specified in regulations.

(4) A person is an “affected person” for the purposes of this section if the applicant, after making diligent inquiry, knows that the person is interested in the land to which the compulsory acquisition request relates or any part of that land.

Consultation post-application in relation to compulsory acquisition

39

(1) Regulations may‍ make provision for and in connection with consultation by an applicant for infrastructure consent on an application for infrastructure consent that includes a request to authorise compulsory acquisition of land or of an interest in or right over land.‍

(2) Regulations under subsection‍ (1) may include (among other things) provision—

(a) requiring specified persons to be consulted;

(b) about the circumstances in which consultation is required;

(c) about how the consultation is to be carried out (including the form and content of documents, information and other materials that are to be provided to a person for the purposes of, or in connection with, the consultation);

(d) about the timetable in connection with carrying out the consultation.

PART 4 — EXAMINING APPLICATIONS

Appointing an examining authority

40

(1) The Welsh Ministers must appoint a person or a panel of persons to examine each valid application for infrastructure consent.

(2) The Welsh Ministers may appoint a person or a panel of persons to examine an application to revoke or change an infrastructure consent order.

(3) The Welsh Ministers must publish a document setting out the criteria to be applied in deciding whether to appoint a person or panel of persons under subsection (2).

(4) The Welsh Ministers may at any time in relation to an application—

(a) revoke an appointment of a person or a person on a panel under this section, or

(b) make an appointment of a person or person to a panel under this section.

(5) Regulations may make further provision for or in connection with the appointment of an examining authority under subsection (1) or (2).

(6) The regulations may include (among other things) provision for or in connection with—

(a) appointing members to a panel (including provision about changing membership of a panel and the consequences of any such changes);

(b) allocating functions to persons on a panel and decision-making by a panel;

(c) replacing a panel with a person or a new panel or replacing a person with a panel or a new person (and the consequences of such changes);

(d) conditions of appointment.

(7) In this Act, “examining authority” means a person or panel of persons appointed under this section.

Examining applications

Examining authority to examine applications

41

An examining authority has the function of examining an application in respect of which it is appointed.

Choice of inquiry, hearing or written procedure

42

(1) The examining authority must determine the procedure for examining each application in respect of which it is appointed.

(2) A determination must provide for the application to be examined in one or more of the following ways—

(a) at a local inquiry;

(b) at a hearing;

(3) And a determination must provide for examination of the application to include a hearing, unless—

(a) the determination provides for a local inquiry to be conducted, or

(b) the examining authority considers that a hearing would not assist the examination.

(4) The examining authority must make a determination before the end of the period specified in regulations.

(5) A determination may be varied by a further determination at any time before the application being examined is decided under section 60.

(6) The examining authority must notify‍ any person or person of a description specified in regulations of a determination under this section.

(7) The Welsh Ministers must publish the criteria to be applied by the examining authority in making determinations under this section.

(8) The functions of an examining authority under this section are subject to any provision made by regulations under section 43 or 44.

Open-floor hearings

43

(1) Regulations may require an examining authority to cause an open-floor hearing to be held in the circumstances specified in the regulations.

(2) The regulations may make any requirement to cause an open-floor hearing to be held subject to conditions (including the exercise of discretion by the examining authority).

(3) In this section, an “open-floor hearing” is a hearing at which each interested party is entitled (subject to the examining authority’s powers of control over the conduct of the hearing) to make oral representations about the application.

Examination procedure

44

(1) Regulations may make provision about the procedure to be followed in connection with the examination of an application under this Part (whether it is examined at a local inquiry, at a hearing or on the basis of the application and any representations in writing (if any) about the application).

(2) The regulations may include provision about—

(a) the procedure to be followed in connection with a decision under section 42;

(b) the procedure to be followed in connection with a requirement under section 43;

(c) the procedure to be followed in connection with matters preparatory or subsequent to an inquiry or hearing or to the making of representations in writing;

(d) the conduct of the examination.

(3) The regulations may include provision about the procedure to be followed—

(a) where steps have been taken with a view to the holding of an inquiry or hearing which does not take place,

(b) where steps have been taken with a view to deciding any matter by an examining authority and the proceedings are the subject of a direction that the matter must instead be decided by the Welsh Ministers,

(c) where steps have been taken with a view to deciding any matter by the Welsh Ministers and the proceedings are the subject of a direction that the matter must instead be decided by the examining authority, or

(d) where steps have been taken in pursuance of a direction mentioned in paragraph (b) or (c) and a further direction is made revoking that direction,

and may provide that such steps are to be treated as compliance, in whole or in part, with the requirements of the regulations.

(4) The regulations may—

(a) specify a time limit within which any party to proceedings must submit representations in writing and any supporting documents;

(b) enable the examining authority to extend the time limit in a particular case;

(c) enable the examining authority to make a report under section 52 taking into account only the representations in writing and supporting documents as were submitted within the time limit;

(d) enable the examining authority or the Welsh Ministers (as the case may be) to proceed to a decision taking into account only the representations in writing and supporting documents as were submitted within the time limit;

(e) enable the examining authority after giving the parties notice in writing of their intention to do so, to make a report under section 52 even though no representations in writing were submitted within the time limit, if it appears to it that it has sufficient material before it to make a recommendation on the merits of the application;

(f) enable the examining authority or the Welsh Ministers (as the case may be), after giving the parties written notice of its or their intention to do so, to proceed to a decision even though no representations in writing were submitted within the time limit, if it appears to it or them that it has or they have sufficient material before it or them to reach a decision on the merits of the application;

(g) make provision about the location of proceedings at a hearing or local inquiry;

(h) make provision about the conduct of proceedings at a hearing or local inquiry wholly or partly by means of equipment or other facility that enables persons who are not in the same place to attend the hearing or local inquiry and participate in it;

(i) make provision about broadcasting or recording the proceedings at a hearing or local inquiry.‍

Power to enter land in connection with examination

45

(1) A person authorised in writing by the Welsh Ministers may at a reasonable time enter land in Wales for the purpose of inspecting the land in connection with the examination of applications under this Part.

(2) A person authorised under subsection (1) to enter land—

(a) must, if required, produce evidence of the person’s authority, and state the purpose of the person’s entry, before entering,

(b) may not demand admission as of right to any land which is occupied unless 14 days’ notice of the intended entry has been given to the occupier,

(d) must, if leaving the land at a time when no owner or occupier is present, leave it as effectively secured against trespassers as the person found it, and

(e) must comply with any other conditions subject to which the Welsh Ministers’ authorisation is given.

(3) A person commits an offence if the person intentionally obstructs a person acting in the exercise of power under subsection (1).

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine.

Power to enter Crown land in connection with examination

46

(1) Section 45 applies to Crown land subject to subsections (2) and (3).

(2) A person must not enter Crown land unless the person (“P”) has the permission of—

(a) a person appearing to P to be entitled to give it, or

(b) the appropriate Crown authority.

(3) Subsections (2)(b), (3) and (4) of section 45 do not apply in relation to anything done by virtue of this section.

Power of examining authority to hold local inquiry

47

(1) An examining authority may hold a local inquiry for the purposes of examining an application.

(2) An examining authority holding a local inquiry may by summons require any person—

(a) to attend the inquiry in accordance with the requirements specified in the summons under subsection (4) and to give evidence;

(b) to produce any documents in the person’s possessions or under the person’s control which relate to any matter in question at the inquiry.

(3) The examining authority holding the inquiry may take evidence on oath, and for that purpose may administer oaths.

(4) A summons must specify—

(a) the time at which attendance is required, and

(b) the place at which attendance is required or, if attendance is to be facilitated by other means, instructions on how to attend by those means.

(5) A summons under this section does not require a person to attend the inquiry (whether attendance is required at a place or facilitated by other means) unless the person’s necessary expenses of attending are paid or offered to the person.

(6) A person may not be required under this section to produce the title (or any instrument relating to the title) of any land which does not belong to a local authority.

(7) It is an offence for a person to—

(a) refuse or deliberately fail to comply with a requirement of a summons issued under this section, or

(b) deliberately alter, suppress, conceal or destroy a document the person is required, or is liable to be required, to produce under this section.

(8) A person guilty of an offence under subsection (7) is liable on summary conviction or conviction on indictment to a fine.

(9) In this section, “local authority” means the council of a county, county borough or community in Wales.

Access to evidence at inquiry

48

(1) At a local inquiry held under section 47—

(a) oral evidence must be heard in public, and

(b) documentary evidence must be available to the public for inspection.

(2) But if a ministerial authority is satisfied that both of the conditions in subsection (3) are met in relation to such an inquiry, it may direct the examining authority conducting the inquiry that evidence of a kind specified in the direction is to be heard or available for inspection at that inquiry only by persons who are specified in the direction or of a kind specified in it.

(3) The conditions are—

(a) that giving evidence of a particular description in public or making it available for public inspection would be likely to result in the disclosure of information about—

(i) national security, or

(ii) measures taken or to be taken to ensure the security of any land or other property, and

(b) that the public disclosure of the information would be against the national interest.

(4) If a ministerial authority is considering giving a direction under this section, the Counsel General may appoint a person (“an appointed representative”) to represent the interests of any person who will be prevented from hearing or inspecting any evidence at a local inquiry if the direction is given.

(5) If there is no appointed representative when a ministerial authority gives a direction under this section, the Counsel General may at any time appoint a person as an appointed representative for the purposes of the inquiry.

(6) Regulations may make provision about—

(a) the procedure to be followed by a ministerial authority before it gives a direction under this section in a case where there is an appointed representative;

(b) the functions of an appointed representative.

(7) In this section and section 49, “ministerial authority” means the Welsh Ministers or the Secretary of State.

Payment of appointed representative where access to evidence restricted

49

(1) This section applies if a person is appointed under section 48 as an appointed representative for the purposes of a local inquiry, whether or not the inquiry takes place.

(2) A ministerial authority may direct a person (“the responsible person”) to pay the fees and expenses of the appointed representative.

(3) The responsible person must be a person the ministerial authority considers is, or would have been, interested in the inquiry in relation to—

(a) national security, or

(b) the measures taken or to be taken to ensure the security of any land or other property.

(4) If the appointed representative and the responsible person are unable to agree the amount of the fees and expenses, the amount must be decided by the ministerial authority that gave the direction.

(5) The ministerial authority must cause the amount agreed between the appointed representative and the responsible person, or decided by the ministerial authority, to be certified.

(6) The certified amount is recoverable from the responsible person as a debt.

Assessors

50

(1) The examining authority or the Welsh Ministers may appoint a person to act as an assessor to assist the examining authority in the examination of an application under this Part.

(2) A person may be appointed as an assessor only if it appears to the examining authority or the Welsh Ministers (as the case may be) that the person has expertise that makes the person suitable to assist the examining authority.

Legal assistance

51

(1) The examining authority or the Welsh Ministers may appoint a barrister or solicitor to provide legal advice and assistance to the examining authority in connection with its examination of an application under this Part.

(2) The assistance that may be given by a person appointed under subsection (1) includes carrying out on behalf of the examining authority any oral questioning of a person making representations at a hearing or inquiry.

Reports by examining authority

52

(1) This section applies to—

(a) an examining authority appointed under section 40(1) if the Welsh Ministers have the function of deciding the application;

(b) an examining authority appointed under 40(2), if the Welsh Ministers have the function of deciding the application under regulations made under section 91.

(2) The examining authority must make a report to the Welsh Ministers on the application it examines setting out—

(a) the examining authority’s findings and conclusions in respect of the application, and

(b) the examining authority’s recommendations as to the decision to be made on the application.

Power to direct further examination

53

(1) Following receipt of a report under section 52, the Welsh Ministers may direct the examining authority to re-open its examination of the application in accordance with any requirements specified in the direction.

(2) The duty of an examining authority in section 52 applies to any further examination required by virtue of this section.

(3) A direction under subsection (1) must—

(a) include a statement explaining why it is given;

(b) be published as soon as reasonably practicable after it is given.

Orders relating to costs of parties on examination proceedings

54

(1) This section applies to proceedings in connection with the examination of an application under this Part (whether it is considered at a local inquiry, at a hearing or on the basis of representations in writing).

(2) The Welsh Ministers may make orders about—

(a) the costs of the applicant, the Welsh Ministers, a planning authority or other party to proceedings (which may include costs in respect of an inquiry or hearing that does not take place), and

(b) the person or persons who must pay the costs.

(3) But the Welsh Ministers may not order a person to pay the costs of another party unless they are satisfied that—

(a) the person has behaved unreasonably in relation to the proceedings, and

(b) the person’s unreasonable behaviour has caused the other party to incur unnecessary or wasted expenditure.

(4) Costs payable by virtue of subsection (2) may be recovered as if they were payable under an order of the High Court, if the High Court so orders on the application of the person to whom the costs are due.

(5) The power to make orders under this section must also be exercised in accordance with any provision made under section 44 (examination procedure).

Decision maker

Function of deciding applications

55

(1) The examining authority has the function of deciding an application for infrastructure consent for a development of a kind specified in regulations.

(2) The Welsh Ministers have the function of deciding any other application for infrastructure consent.

(3) Subsections (1) and (2) are subject to any direction made under subsection (4).

(4) In relation to an application for infrastructure consent, the Welsh Ministers may direct that—

(a) an examining authority has the function of deciding the application instead of the Welsh Ministers;

(b) the Welsh Ministers have the function of deciding the application instead of an examining authority.

Statutory policies and other relevant matters‍‍

Deciding applications: general considerations

56

(1) In deciding an application for infrastructure consent, the examining authority or the Welsh Ministers (as the case may be) must—

(a) have regard to—

(i) any infrastructure policy statement that has effect in relation to the kind of development to which the application relates (a “relevant policy statement”),

(ii) the National Development Framework for Wales so far as relevant to the kind of development to which the application relates,

(iii) any marine plan (within the meaning of section 51(3) of the Marine and Coastal Access Act 2009 (c. 23)) prepared and adopted by the Welsh Ministers so far as relevant to the kind of development to which the application relates, and

(b) make their decision or its decision (as the case may be) in accordance with the relevant policy statement, framework or plan unless relevant considerations indicate otherwise.

(2) The fact that any relevant policy statement, framework or plan identifies a location as suitable (or potentially suitable) for a particular kind of development does not prevent the Welsh Ministers or examining authority (as the case may be) from deciding an application otherwise than in accordance with the relevant policy statement, framework or plan if relevant considerations indicate otherwise.

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

57

In deciding an application for infrastructure consent, the examining authority or the Welsh Ministers (as the case may be) must have regard to—

(a) any local impact report submitted to the Welsh Ministers before the deadline specified under section 36;

(b) any marine impact report submitted to the Welsh Ministers before the deadline specified under section 37;

(d) any matters specified in regulations in relation to development of the kind to which the application relates;

(e) the desirability of mitigating, and adapting to, climate change;

(f) any other‍ relevant consideration.‍

Matters that may be disregarded when making decisions on applications

58

(1) In deciding an application for infrastructure consent, the Welsh Ministers or the examining authority may disregard representations if the Welsh Ministers consider, or the examining authority considers (as the case may be), that the representations—

(a) are vexatious or frivolous,

(b) relate to the merits of policy set out in—

(i) an infrastructure policy statement,

(ii) the National Development Framework for Wales, or

(iii) any marine plan (within the meaning of section 51(3) of the Marine and Coastal Access Act 2009 (c. 23)) prepared and adopted by the Welsh Ministers, or

(2) In subsection (1), “representations” includes evidence.

(3) Regulations may amend subsection (1)—

(a) to specify further matters that may be disregarded;

(b) to change or remove matters specified under paragraph (a).

Timetable

59

(1) The examining authority or the Welsh Ministers (as the case may be) must decide an application for infrastructure consent before the end of—

(a) 52 weeks beginning with the day on which the application is accepted as a valid application, or

(b) such other period as the applicant and the Welsh Ministers may agree.

(2) The Welsh Ministers may, by direction, extend the periods mentioned in subsection (1).

(3) A direction may be given—

(a) more than once in relation to the same application;

(b) after the end of the periods mentioned in subsection (1).

(4) As soon as reasonably practicable after giving the direction, the Welsh Ministers must—

(a) notify the applicant and any other person specified in regulations of the direction,

(b) publish the direction, and

(5) The Welsh Ministers must lay before Senedd Cymru annual reports on—

(a) their compliance with the duty imposed by subsection (1), and

(b) their exercise of the functions conferred by subsection (2).

(6) Regulations may amend subsection (1)(a).

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