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

The decision

60

(1) When the Welsh Ministers have decided an application for infrastructure consent, the Welsh Ministers must either—

(a) make an order granting infrastructure consent (“an infrastructure consent order”), or

(b) refuse infrastructure consent.

(2) The Welsh Ministers must notify‍ the following of their decision to either make an infrastructure consent order or refuse infrastructure consent—

(a) the applicant;

(b) any planning authority or community council that has submitted a local impact report to the Welsh Ministers in respect of the application;

(c) Natural Resources Wales if it has submitted a marine impact report to the Welsh Ministers in respect of the application;

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

(3) When the examining authority has decided an application for infrastructure consent, they must either—

(a) notify the Welsh Ministers of their decision that an infrastructure consent order is to be made, or

(b) refuse infrastructure consent.

(4) The examining authority must notify‍ the following of its decision either that an infrastructure consent order is to be made or to refuse infrastructure consent—

(a) the applicant;

(b) any planning authority or community council that has submitted a local impact report to the Welsh Ministers in respect of the application;

(c) Natural Resources Wales if it has submitted a marine impact report to the Welsh Ministers in respect of the application;

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

(5) When the Welsh Ministers receive a notice under subsection (3)(a), they must make an infrastructure consent order in respect of the application‍ to which the notice relates.

(6) Regulations may make provision regulating the procedure to be followed if—

(a) the Welsh Ministers propose to make an infrastructure consent order on terms which are materially different from those proposed in the application;

(b) the Welsh Ministers propose to make an infrastructure consent order on terms which are materially different from those proposed in the application as a result of a notice under subsection (3)(a).

61

(1) Infrastructure consent may be granted for development which is—

(a) development for which infrastructure consent is required;

(b) associated development.

(2) “Associated development” means development which—

(a) is associated with the development within subsection (1)(a) (or any part of it), and

(b) is to be carried out wholly in one or both of the following areas—

(i) Wales;

(ii) the Welsh marine area.

(3) To the extent that infrastructure consent is granted for associated development, section 20 applies to the development as it applies to development for which infrastructure consent is required.

62

(1) When the Welsh Ministers have decided an application for infrastructure consent, they must prepare a statement of their reasons for deciding to—

(a) make an infrastructure consent order, or

(b) refuse infrastructure consent.

(2) When the examining authority have decided an application for infrastructure consent, it must prepare a statement of its reasons for deciding—

(a) that an infrastructure consent order is to be made, or

(b) to refuse infrastructure consent.

(3) The examining authority or the Welsh Ministers (as the case may be) must provide a copy of the statement to—

(a) the applicant;

(b) any planning authority or community council that has submitted a local impact report to the Welsh Ministers in respect of the application;

(c) Natural Resources Wales if it has submitted a marine impact report to the Welsh Ministers in respect of the application;

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

(4) The examining authority or the Welsh Ministers (as the case may be) must publish the statement in such manner as they think, or it thinks, appropriate.

Provision in orders: general

63

(1) An infrastructure consent order may impose requirements relating to the development for which consent is granted.

(2) The requirements may, among other things, include—

(a) requirements corresponding to conditions which could have been imposed on the grant of any permission, consent or authorisation, or the giving of any notice which but for section 20(1) or provision made under section 84(1) would have been required for the development;

(b) requirements to obtain the approval of the Welsh Ministers or any other person, so far as not within paragraph (a).

(3) An infrastructure consent order may make provision relating to, or to matters ancillary to, the development for which consent is granted.

(4) The provision that may be made under subsection (3) includes, among other things, provision relating to any of the matters listed in Part 1 of Schedule 1.

(5) Regulations may—

(a) add a matter to Part 1 of Schedule 1;

(b) remove or vary a matter listed in Part 1 of Schedule 1.

(6) An infrastructure consent order may—

(a) apply, modify or exclude an enactment which relates to any matter for which provision may be made in the order;

(b) make amendments, repeals or revocations of enactments of local application that appear to the Welsh Ministers to be appropriate in consequence of a provision of the order or in connection with the order;

(c) include any provision that appears to the Welsh Ministers to be appropriate for giving full effect to any other provision of the order;

(d) include incidental, consequential, supplementary, transitional or saving provision.

(7) With the exception of provision made under subsection (3) relating to any of the matters listed in paragraph 29 of Schedule 1, an infrastructure consent order may not include—

(a) provision creating offences,

(b) provision conferring power to create offences, or

(8) To the extent that provision for or relating to a matter may be included in an infrastructure consent order, none of the following may include provision of the same kind—

(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.).

Provision in orders authorising compulsory acquisition

Purpose for which compulsory acquisition may be authorised

64

(1) An infrastructure consent order may include provision authorising the compulsory acquisition of land only if the Welsh Ministers are satisfied that the conditions in subsections (2) and (3) are met.

(2) The condition is that the land—

(a) is required for the development to which the development consent relates,

(b) is required to facilitate or is incidental to that development, or

(3) The condition is that there is a compelling case in the public interest for the land to be acquired compulsorily.

Land to which authorisation of compulsory acquisition can relate

65

(1) An infrastructure consent order may include provision authorising the compulsory acquisition of land only if—

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

(b) the Welsh Ministers are satisfied that one of the conditions in subsections (2) to (4) is met.

(2) The condition is that the application for infrastructure consent included a request for compulsory acquisition of the land to be authorised.

(3) The condition is that all persons with an interest in the land consent to the inclusion of the provision.

(4) The condition is that the procedure specified in regulations for the purpose of this section has been followed in relation to the land.

Application of compulsory acquisition provisions

66

(1) This section applies in relation to an infrastructure consent order that includes provision authorising the compulsory acquisition of land.

(2) Part 1 of the Compulsory Purchase Act 1965 (c. 56) (procedure for compulsory purchase) applies to the compulsory acquisition of land under the order—

(a) as it applies to a compulsory purchase to which Part 2 of the Acquisition of Land Act 1981 (c. 67) applies, and

(b) as if the order were a compulsory purchase order under that Act.

(3) Part 1 of the Compulsory Purchase Act 1965, as applied by subsection (2), has effect with the omission of the following provisions—

(a) section 4 (time limit for exercise of compulsory purchase powers);

(b) section 10 (compensation for injurious affection).

(4) Subsections (2) and (3) are subject to any contrary provision made by the infrastructure consent order.

Compensation for compulsory acquisition

67

(1) This section applies in relation to an infrastructure consent order that includes provision authorising the compulsory acquisition of land.

(2) The order may not include provision the effect of which is to modify the application of a compensation provision, except to the extent necessary to apply the provision to the compulsory acquisition of land authorised by the order.

(3) The order may not include provision the effect of which is to exclude the application of a compensation provision.

(4) A “compensation provision” is an enactment that relates to compensation for the compulsory acquisition of land.

Statutory undertakers’ land

68

(1) This section applies in relation to land (“statutory undertakers’ land”) if—

(a) the land has been acquired by statutory undertakers for the purposes of their undertaking,

(b) a representation has been made about an application for infrastructure consent before the completion of the examination of the application, and the representation has not been withdrawn, and

(i) the land is used for the purposes of carrying on the statutory undertakers’ undertaking, or

(ii) an interest in the land is held for those purposes.

(2) An infrastructure consent order may include provision authorising the compulsory acquisition of statutory undertakers’ land only to the extent that the Welsh Ministers are satisfied of the matters set out in subsection (3).

(3) The matters are that the nature and situation of the land are such that—

(a) it can be purchased and not replaced without serious detriment to the carrying on of the undertaking, or

(b) if purchased it can be replaced by other land belonging to, or available for acquisition by, the undertakers without serious detriment to the carrying on of the undertaking.

(4) Subsections (2) and (3) do not apply in a case within subsection (5).

(5) An infrastructure consent order may include provision authorising the compulsory acquisition of a right over statutory undertakers’ land by the creation of a new right over land only to the extent that the Welsh Ministers are satisfied of the matters set out in subsection (6).

(6) The matters are that the nature and situation of the land are such that—

(a) the right can be purchased without serious detriment to the carrying on of the undertaking, or

(b) any detriment to the carrying on of the undertaking, in consequence of the acquisition of the right, can be made good by the undertakers by the use of other land belonging to or available for acquisition by them.

(7) In this section, “statutory undertakers” has the meaning given by section 8 of the Acquisition of Land Act 1981 (c. 67) and also includes the undertakers—

(a) that are deemed to be statutory undertakers for the purposes of that Act, by virtue of another enactment;

(b) that are statutory undertakers for the purposes of section 16(1) and (2) of that Act (see section 16(3) of that Act).

(8) In the application of this section to a statutory undertaker which is a health service body (as defined in section 60(7) of the National Health Service and Community Care Act 1990 (c. 19)), references to land acquired or available for acquisition by the statutory undertakers are to be construed as references to land acquired or available for acquisition by the Welsh Ministers for use or occupation by the body.

National Trust land

69

(1) This section applies to land belonging to the National Trust which is held by the Trust inalienably.

(2) An infrastructure consent order is subject to special Senedd procedure, to the extent that the order authorises the compulsory acquisition of land to which this section applies, if the condition in subsection (3) is met.

(3) The condition is that—

(a) a representation has been made by the National Trust about the application for the infrastructure consent order before the completion of the examination of the application,

(b) the representation contains an objection to the compulsory acquisition of the land, and

(4) In a case to which this section applies and to which section 70 or 71 also applies, special Senedd procedure—

(a) may be required by subsection (2) whether or not also required by section 70(3) or 71(2), and

(b) may be required by section 70(3) or 71(2) whether or not also required by subsection (2).

(5) In this section, “held inalienably”, in relation to land belonging to the National Trust, means that the land is inalienable under section 21 of the National Trust Act 1907 (c. cxxxvi) or section 8 of the National Trust Act 1939 (c. lxxxvi).

Commons, open spaces etc: compulsory acquisition of land

70

(1) This section applies to any land forming part of a common, open space or fuel or field garden allotment.

(2) This section does not apply in a case to which section 71 applies.

(3) An infrastructure consent order is subject to special Senedd procedure to the extent that the order authorises the compulsory acquisition of land to which this section applies, unless—

(a) the Welsh Ministers are satisfied that one of subsections (4) to (7) applies, and

(b) that fact, and the subsection concerned, are recorded in the order or otherwise in the instrument or other document containing the order.

(4) This subsection applies if—

(a) replacement land has been or will be given in exchange for the order land, and

(b) the replacement land has been or will be vested in the prospective seller and subject to the same rights, trusts and incidents as attach to the order land.

(5) This subsection applies if—

(a) the order land is, or forms part of, an open space,

(b) none of the order land is of any of the other descriptions in subsection (1),

(i) there is no suitable land available to be given in exchange for the order land, or

(ii) any suitable land available to be given in exchange is available only at prohibitive cost, and

(d) it is strongly in the public interest for the development for which the order grants consent to be capable of being begun sooner than is likely to be possible if the order were to be subject (to any extent) to special Senedd procedure.

(6) This subsection applies if—

(a) the order land is, or forms part of, an open space,

(b) none of the order land is of any of the other descriptions in subsection (1), and

(7) This subsection applies if—

(a) the order land does not exceed 200 square metres in extent or is required for the widening or drainage of an existing highway or partly for the widening and partly for the drainage of such a highway, and

(b) the giving in exchange of other land is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.

(8) If an infrastructure consent order authorises the compulsory acquisition of land to which this section applies, it may include provision—

(a) for vesting replacement land given in exchange as mentioned in subsection (4)(a) in the prospective seller and subject to the rights, trusts and incidents mentioned in subsection (4)(b), and

(b) for discharging the order land from all rights, trusts and incidents to which it is subject.

(9) In this section—

“common” (“tir comin”), “fuel or field garden allotment” (“rhandir tanwydd neu ardd gae”) and “open space” (“man agored”) have the same meanings as in section 19 of the Acquisition of Land Act 1981 (c. 67);

“the order land” (“tir y gorchymyn”) means the land authorised to be compulsorily acquired;

“the prospective seller” (“y darpar werthwr”) means the person or persons in whom the order land is vested;

“replacement land” (“tir amnewid”) means land which is not less in area than the order land and which is no less advantageous to the persons, if any, entitled to rights of common or other rights, and to the public.

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

71

(1) This section applies to any land forming part of a common, open space or fuel or field garden allotment.

(2) An infrastructure consent order is subject to special Senedd procedure to the extent that the order authorises the compulsory acquisition of a right over land to which this section applies by the creation of a new right over land, unless—

(a) the Welsh Ministers are satisfied that one of subsections (3) to (7) applies, and

(b) that fact, and the subsection concerned, are recorded in the order or otherwise in the instrument or other document containing the order.

(3) This subsection applies if the order land, when burdened with the order right, will be no less advantageous than it was before to the following persons—

(a) the persons in whom it is vested,

(b) other persons, if any, entitled to rights of common or other rights, and

(4) This subsection applies if—

(a) replacement land has been or will be given in exchange for the order right, and

(b) the replacement land has been or will be vested in the persons in whom the order land is vested and subject to the same rights, trusts and incidents as attach to the order land (ignoring the infrastructure consent order).

(5) This subsection applies if—

(a) the order land is, or forms part of, an open space,

(b) none of the order land is of any of the other descriptions in subsection (1),

(i) there is no suitable land available to be given in exchange for the order right, or

(ii) any suitable land available to be given in exchange is available only at prohibitive cost, and

(d) it is strongly in the public interest for the development for which the order grants consent to be capable of being begun sooner than is likely to be possible if the order were to be subject (to any extent) to special Senedd procedure.

(6) This subsection applies if—

(a) the order land is, or forms part of, an open space,

(b) none of the order land is of any of the other descriptions in subsection (1), and

(7) This subsection applies if—

(a) the order land does not exceed 200 square metres in extent or the order right is required in connection with the widening or drainage of an existing highway or in connection partly with the widening and partly with the drainage of such a highway, and

(b) the giving of other land in exchange for the order right is unnecessary, whether in the interests of the persons, if any, entitled to rights of common or other rights or in the interests of the public.

(8) If an infrastructure consent order authorises the compulsory acquisition of a right over land to which this section applies by the creation of a new right over land, it may include provision—

(a) for vesting replacement land given in exchange as mentioned in subsection (4)(a) in the persons in whom the order land is vested and subject to the rights, trusts and incidents mentioned in subsection (4)(b), and

(b) for discharging the order land from all rights, trusts and incidents to which it has previously been subject so far as their continuance would be inconsistent with the exercise of the order right.

(9) In this section—

“common” (“tir comin”), “fuel or field garden allotment” (“rhandir tanwydd neu ardd gae”) and “open space”(“man agored”) have the same meanings as in section 19 of the Acquisition of Land Act 1981 (c. 67);

“the order land” (“tir y gorchymyn”) means the land to which this section applies over which the order right is to be exercisable;

“the order right” (“hawl y gorchymyn”) means the right authorised to be compulsorily acquired;

“replacement land” (“tir amnewid”) means land which will be adequate to compensate the following persons for the disadvantages which result from the compulsory acquisition of the order right— the persons in whom the order land is vested, the persons, if any, entitled to rights of common or other rights over the order land, and the public.

Notice of authorisation of compulsory acquisition

72

(1) Regulations must make provision imposing requirements on a prospective purchaser—

(a) to give, publish or display a compulsory acquisition notice;

(b) to provide the public with access to a copy of the infrastructure consent order to which the notice relates.

(2) A compulsory acquisition notice is a notice in the form specified in regulations—

(a) describing the order land,

(b) in a case where the infrastructure consent order authorises the compulsory acquisition of a right over land by the creation of a new right, describing the right,

(c) stating that the infrastructure consent order includes provision authorising the compulsory acquisition of a right over the land by the creation of a right over it or (as the case may be) the compulsory acquisition of the land,

(d) in a case where the order applies Parts 2 and 3 of the Compulsory Purchase (Vesting Declarations) Act 1981 (c. 66)—

(i) containing a statement specified in regulations about the effect of those Parts, and

(ii) inviting any person who would be entitled to claim compensation if a declaration were executed under section 4 of that Act to give the prospective purchaser information about the person’s name, address and interest in land, using a form specified in regulations,

(e) stating where and when a copy of the order is available for inspection in accordance with regulations under subsection (1)(b), and

(f) stating that a person aggrieved by the order may challenge the order only in accordance with section 96.

(3) In this section—

“the order land” (“tir y gorchymyn”) means— in a case where the infrastructure consent order authorises the compulsory acquisition of a right over land by the creation of a new right, the land over which the right is to be exercisable or (in the case of a restrictive covenant) to which it applies; in any other case where the infrastructure consent order authorises the compulsory acquisition of land, the land authorised to be compulsorily acquired;

“the prospective purchaser” (“y darpar brynwr”) means— in a case where the infrastructure consent order authorises the compulsory acquisition of a right over land by the creation of a new right, the person for whose benefit the order authorises the creation of the right; in any other case where the infrastructure consent order authorises the compulsory acquisition of land, the person authorised by the order to compulsorily acquire the land.

(4) The prospective purchaser must send a compulsory acquisition notice to the Chief Land Registrar and it is to be a local land charge in respect of the land to which it relates.

Provision in orders: specific limitations and powers

Public rights of way

73

(1) An infrastructure consent order may extinguish a public right of way over land only if the Welsh Ministers are satisfied that—

(a) an alternative right of way has been or will be provided, or

(b) the provision of an alternative right of way is not required.

(2) The following provisions of this section apply if—

(a) an infrastructure consent order makes provision for the acquisition of land, compulsorily or by agreement,

(b) the order extinguishes a public right of way over the land, and

(3) The order may not provide for the right of way to be extinguished from a date which is earlier than the date on which the order is published.

(4) Subsection (5) applies if—

(a) the order extinguishes the right of way from a date (“the extinguishment date”) which is earlier than the date on which the acquisition of the land is completed, and

(b) at any time after the extinguishment date it appears to the Welsh Ministers that the proposal to acquire the land has been abandoned.

(5) The Welsh Ministers must by order direct that the right is to revive.

(6) Nothing in subsection (5) prevents the making of a further order extinguishing the right of way.

Power to override easements and other rights

74

In section 205(1) of the Housing and Planning Act 2016 (c. 22) (interpretation of sections 203 and 204), in the definition of “planning consent”—

(a) in paragraph (a), omit “or”;

(b) at the end insert

, or 1. infrastructure consent under the Infrastructure (Wales) Act 2024

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

75

(1) This section applies if an infrastructure consent order authorises the acquisition of land (compulsorily or by agreement) and—

(a) there subsists over the land a relevant right,

(b) a relevant restrictive covenant applies to the land, or

(2) “Relevant right” means a right of way, or a right of laying down, erecting, continuing or maintaining apparatus on, under or over the land, which—

(a) is vested in or belongs to statutory undertakers for the purpose of the carrying on of their undertaking, or

(b) is conferred by or in accordance with the electronic communications code on the operator of an electronic communications code network.

(3) “Relevant restrictive covenant” means a restrictive covenant that benefits statutory undertakers in carrying on their undertaking.

(4) “Relevant apparatus” means—

(a) apparatus vested in or belonging to statutory undertakers for the purpose of the carrying on of their undertaking, or

(b) electronic communications apparatus kept installed for the purposes of an electronic communications code network.

(5) The order may include provision for the extinguishment of the relevant right or relevant restrictive covenant, or the removal of the relevant apparatus, only if the Welsh Ministers are satisfied that the extinguishment or removal is necessary for the purpose of carrying out the development to which the order relates

(6) In this section, “statutory undertakers” means persons who are, or are deemed to be, statutory undertakers for the purpose of any provision of Part 11 of TCPA 1990.

(7) In this section—

“electronic communications apparatus” (“cyfarfpar cyfarthrebu electronig”) has the meaning given in paragraph 5 of the electronic communications code;

“electronic communications code” (“cod cyfarthrebu electronig”) means the code set out in Schedule 3A to the Communications Act 2003 (c. 21);

“operator of an electronic communications code network” (“gweithredwr rhwydwaith cod cyfarthrebu electronig”) has the meaning given in paragraph 1(1) of Schedule 17 to the Communications Act 2003.

Crown land

76

(1) An infrastructure consent order may not include provision authorising the compulsory acquisition of an interest in Crown land unless—

(a) it is an interest which is for the time being held otherwise than by or on behalf of the Crown, and

(b) the appropriate Crown authority consents to the acquisition.

(2) An infrastructure consent order may not include any other provision applying in relation to Crown land, or rights benefiting the Crown, unless the appropriate Crown authority consents to the inclusion of the provision.

(3) The reference in subsection (2) to rights benefiting the Crown does not include rights which benefit the general public.

(4) In this section, “the Crown” includes the Duchy of Lancaster and the Duchy of Cornwall.

Operation of generating stations

77

An infrastructure consent order may include provision authorising the operation of a generating station only if the development to which the order relates is or includes the construction or extension of the generating station.

Keeping electric lines installed above ground

78

An infrastructure consent order may include provision authorising an electric line to be kept installed above ground only if the development to which the order relates is or includes the installation of the line above ground.

Diversion of watercourses

79

(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.

Highways

80

(1) An infrastructure consent order may include provision authorising the charging of tolls in relation to a highway only if a request to that effect has been included in the application for the order.

(2) If an infrastructure consent order includes provision authorising the charging of tolls in relation to a highway, the order is treated as a toll order for the purposes of sections 7 to 18 of the New Roads and Street Works Act 1991 (c. 22).

Harbours

81

(1) An infrastructure consent order may include provision for the creation of a harbour authority only if—

(a) the development to which the order relates is or includes the construction or alteration of harbour facilities, and

(b) the creation of a harbour authority is necessary or expedient for the purposes of the development.

(2) An infrastructure consent order may include provision changing the powers or duties of a harbour authority only if—

(a) the development to which the order relates is or includes the construction or alteration of harbour facilities, and

(b) the authority has requested the inclusion of the provision or has consented in writing to its inclusion.

(3) An infrastructure consent order may include provision authorising the transfer of property, rights or liabilities from one harbour authority to another only if—

(a) the development to which the order relates is or includes the construction or alteration of harbour facilities, and

(b) the order makes provision for the payment of compensation of an amount—

(i) determined in accordance with the order, or

(ii) agreed between the parties to the transfer.

(4) Subject to subsection (6), an infrastructure consent order which includes provision for the creation of a harbour authority, or changing the powers or duties of a harbour authority, may also make other provision in relation to the authority.

(5) Subject to subsection (6), the provision which may be included in relation to a harbour authority includes in particular—

(a) any provision in relation to a harbour authority which could be included in a harbour revision order under section 14 of the Harbours Act 1964 (c. 40) by virtue of any provision of Schedule 2 to that Act;

(b) provision conferring power on the authority to change provision made in relation to it (by the order or by virtue of this paragraph), where the provision is about—

(i) the procedures (including financial procedures) of the authority;

(ii) the power of the authority to impose charges;

(iii) the power of the authority to delegate any of its functions;

(iv) the welfare of officers and employees of the authority and financial and other provision made for them.

(6) The order may not include provisions—

(a) which, by virtue of any other provision of this Act, are not permitted to be included in an infrastructure consent order;

(b) conferring power on a harbour authority to delegate, or make changes to its powers so as to permit the delegation of, any of the functions mentioned in paragraphs (a) to (f) of paragraph 9B of Schedule 2 to the Harbours Act 1964.

Discharge of water

82

(1) This section applies if—

(a) an infrastructure consent order includes provision authorising the discharge of water into inland waters or underground strata, and

(b) but for the order, the person to whom infrastructure consent is granted would have had no power to take water, or to require discharges to be made, from the inland waters or other source from which the discharges authorised by the order are intended to be made.

(2) The order does not have the effect of conferring any such power on that person.

83

(1) An infrastructure consent order may include provision deeming a marine licence to have been issued under Part 4 of the Marine and Coastal Access Act 2009 (c. 23) for any activity for which the Welsh Ministers are the appropriate licensing authority.

(2) Subsections (3) and (4) apply if an infrastructure consent order includes provision—

(a) deeming a marine licence to have been granted under Part 4 of the Marine and Coastal Access Act 2009 subject to conditions specified in the order, and

(b) deeming those conditions to have been attached to the marine licence by the Welsh Ministers under that Part.

(3) A person who fails to comply with a condition of the kind mentioned in subsection (2) does not commit an offence under section 104 of this Act.

(4) Sections 68 (notice of applications) and 69(3) and (5) (representations) of the Marine and Coastal Access Act 2009 do not apply in relation to the deemed marine licence.

(5) No provision in or made under or by virtue of this Act prevents a deemed marine licence from being varied, suspended, revoked or transferred in accordance with section 72 of the Marine and Coastal Access Act 2009.

(6) In this section, “the appropriate licensing authority” has the meaning given by section 113 of the Marine and Coastal Access Act 2009.

84

(1) If a condition in subsection (2) or (3) is met, an infrastructure consent order may include provision that—

(a) removes a requirement for a specified consent of a relevant authority to be granted;

(b) deems a specified consent of a relevant authority to have been granted.

(2) The condition is that the relevant authority has consented to the inclusion of the provision before the end of the specified period.

(3) The condition is that the relevant authority has not refused to give consent for the provision to be included before the end of the specified period.

(4) Regulations may provide exceptions to the requirement to meet the conditions in subsections (2) and (3).

(5) In this section—

“consent” (“cydsyniad”) means— a consent or authorisation that is required, under an enactment, to be obtained for development, a consent or authorisation, that— may authorise development, and is given under an enactment, or a notice that is required by an enactment to be given in relation to development;

“relevant authority” (“awdurdod perthnasol”) means the authority that would otherwise have the function of deciding whether to grant the specified consent;

“specified” (“penodedig”) means specified in regulations.

85

(1) This section applies in relation to an infrastructure consent order.

(2) The Welsh Ministers must publish the order in such manner as the Welsh Ministers think appropriate, except in a case within subsection (3).

(3) If the order includes provision—

(a) made under section 63(3) relating to any of the matters listed in paragraphs 28 and 29 of Schedule 1, or

(b) made in the exercise of any of the powers conferred by section 63(6)(a) or 63(6)(b),

the order must be contained in a statutory instrument.

(4) As soon as practicable after the instrument containing the order is made, the Welsh Ministers must lay before Senedd Cymru a copy of—

(a) the instrument,

(b) the latest version of any plan supplied by the applicant in connection with the application for the order contained in the instrument, and

Meaning of “decision documents” and “error”

86

(1) This section applies for the purposes of sections 87 and 88.

(2) “Decision document” means—

(a) in the case of a grant of infrastructure consent, the infrastructure consent order;

(b) in the case of a refusal of infrastructure consent, the notice of refusal given to the applicant.

(3) “Error” includes omission.

Power to correct errors in decision documents

87

(1) This section applies where a decision document is issued which contains an error.

(2) The Welsh Minsters may correct the error in the decision document.

(3) The power conferred by subsection (2) may be exercised—

(a) on receipt of a request in writing to correct the error from any person, or

(b) without such request being made.

(4) If the decision document is an infrastructure consent order—

(a) the power conferred by subsection (2) must be exercised by order, and

(b) if the order to be corrected is contained in a statutory instrument, the power conferred by subsection (2) is to be exercised by statutory instrument.

(5) If the decision document is a notice of refusal given to the applicant, the power conferred by subsection (2) must be exercised by giving the applicant a notice.

Correcting errors: regulations

88

(1) Regulations may make provision for or in connection with the procedure for correcting an error in a decision document and may (among other things) make provision about—

(a) any consultation that must take place;

(b) the circumstances in which the Welsh Ministers must publish a statement explaining the reason for correcting the error.

(2) Regulations may make provision about—

(a) the effect of making a correction under section 87(2) and not making a correction;

(b) when a correction made under section 87(2) takes effect.

Definitions

89

(1) This section applies for the purposes of sections 90 and 91.

(2) “The applicant”, in relation to an infrastructure consent order, means the person who applied for the order.

(3) “A successor in title of the applicant” means a person who—

(a) derives title to the land from the applicant (whether directly or indirectly), and

(b) has an interest in the land.

(4) “The land”, in relation to an infrastructure consent order, means the land to which the order relates or any part of that land.

90

(1) The Welsh Ministers may by order make a change to, or revoke, an infrastructure consent order.

(2) The provision that may be made by way of a change to an infrastructure consent order includes provision that may be made under section 63, subject to this section.

(3) The power conferred by subsection (1) may be exercised on an application made by—

(a) the applicant or a successor in title of the applicant;

(b) a person with an interest in the land;

(4) The power to revoke an infrastructure consent order conferred by subsection (1) may be exercised on an application made by a planning authority if the Welsh Ministers are satisfied that—

(a) the infrastructure consent order grants infrastructure consent for development on land all or part of which is in the planning authority’s area,

(b) the development has begun but has been abandoned, and

(c) the amenity of other land in the planning authority’s area or an adjoining area is adversely affected by the condition of the land.

(5) The Welsh Ministers may refuse to exercise the power on an application made under subsection (3) or (4) if, in particular, the Welsh Ministers consider that the development that would be authorised as a result of the change should properly be the subject of an application under section 32 for infrastructure consent.

(6) The power conferred by subsection (1) may be exercised by the Welsh Ministers without an application being made under subsection (3) or (4).

(7) The power conferred by subsection (1) includes power to—

(a) require the removal or alteration of building works;

(b) require the discontinuance of a use of land;

(d) impose new requirements in connection with the development for which consent is granted by the infrastructure consent order;

(e) remove or vary existing requirements;

(f) make new provision relating to, or to matters ancillary to, the development for which consent is granted;

(g) remove or vary existing provision of that kind.

(8) Subject to subsection (7)(a), the exercise of the power does not affect any building or other operations carried out in pursuance of the infrastructure consent order before the power is exercised.

(9) The power conferred by subsection (1) may not be exercised in relation to provision included in an infrastructure consent order by virtue of paragraph 24 or 25 of Schedule 1 (deemed marine licence under Marine and Coastal Access Act 2009 (c. 23)).

91

(1) An application under section 90 must—

(a) be made in the form specified by regulations;

(b) be made in the way specified in the regulations;

(2) Where a person has an interest in some, but not all, of the land to which an infrastructure consent order relates, the person may make an application under section 90 only in respect of as much of the consent as order as affects the land in which the person has an interest.

(3) Regulations may make provision about the procedure for changing or revoking an infrastructure consent order and may (among other things) make provision about—

(a) the procedure to be followed before an application under section 90 is made;

(b) the making of such application;

(d) the making of the decision as to whether to exercise the power conferred by section 90(1);

(e) the effect of a decision to exercise the power in section 90(1).

(4) Paragraphs (c) to (e) of subsection (3) apply in relation to the exercise of the power conferred by section 90(1)—

(a) on an application under section 90, or

(b) without an application being made (see section 90(6)).

(5) Regulations under subsection (3) may confer a function, including a function involving the exercise of a discretion, on any person.

(6) If an infrastructure consent order is changed or revoked in the exercise of the power conferred by section 90(1), the Welsh Ministers must give notice of the change or revocation to—

(a) the applicant or a successor in title of the applicant,

(b) the person who made the application under section 90 (if different to the person mentioned in paragraph (a)), and

(7) If an infrastructure consent order was required to be contained in a statutory instrument, an order changing or revoking the infrastructure consent order made in the exercise of the power conferred by section 90(1) must also be contained in a statutory instrument.

92

(1) This section applies to—

(a) an order made under section 87;

(b) a notice issued under section 87;

(2) The Welsh Ministers must publish the order or the notice (as the case may be) in such manner as they think appropriate.

(3) But if the order is required to be contained in a statutory instrument (by virtue of section 87(4) or section 91(7)), as soon as practicable after the instrument containing the order is made, the Welsh Ministers must lay before Senedd Cymru a copy of the instrument.

93

Schedule 2 makes provision about compensation for changing or revoking an infrastructure consent order.

94

(1) Development for which infrastructure consent is granted must be begun before the end of—

(a) the specified period, or

(b) such other period (whether longer or shorter than the specified period) as is specified in the order granting the consent.

(2) If the development is not begun before the end of the period applicable under subsection (1), the infrastructure consent order ceases to have effect at the end of that period.

(3) Where an infrastructure consent order authorises the compulsory acquisition of land, steps of a kind specified in regulations must be taken in relation to the compulsory acquisition before the end of—

(a) the specified period, or

(b) such other period (whether longer or shorter than the specified period) as is specified in the order.

(4) If steps of the description specified in regulations are not taken before the end of the period applicable under subsection (3), the authority to compulsorily acquire the land under the order ceases to have effect.

(5) In this section, “specified period” means a period specified in regulations.

When development begins

95

(1) For the purposes of‍ sections 90 and 94 development is taken to begin on the earliest date on which any material operation comprised in, or carried out for the purposes of, the development begins to be carried out.

(2) “Material operation” means any operation except an operation of a kind specified in regulations.

Legal challenges

96

(1) A court may entertain proceedings for questioning an infrastructure consent order only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day—

(i) on which the order is published, or

(ii) if later, the day on which the statement of reasons for making the order is published.

(2) A court may entertain proceedings for questioning a refusal of infrastructure consent only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the statement of reasons for the refusal is published.

(3) A court may entertain proceedings for questioning a decision under section 33 not to accept an application as a valid application for infrastructure consent only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the applicant is notified as required by subsection (4) of that section.

(4) A court may entertain proceedings for questioning a decision under section 87 in relation to an error in a decision document only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which a notice is given to the applicant under section 87(5) or, if the correction is required to be made by order contained in a statutory instrument, the day after the day on which the order is published.

(5) A court may entertain proceedings for questioning a decision under section 90(1)to make a change to or revoke an infrastructure consent order only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the change is given under section 91(6) or, if the change or revocation is required to be made by order contained in a statutory instrument, the day after the day on which the order making the change or revocation is published.

(6) A court may entertain proceedings for questioning anything else done, or omitted to be done, by an examining authority or the Welsh Ministers in relation to an application for infrastructure consent or an application to change or revoke an infrastructure consent order only if—

(a) the proceedings are brought by a claim for judicial review, and

(b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the relevant day.

(7) “The relevant day” means—

(a) in relation to an application for infrastructure consent, the day on which—

(i) the application is withdrawn,

(ii) the infrastructure consent order is published or (if later) the statement of reasons for making the order is published, or

(iii) the statement of reasons for the refusal of infrastructure consent is published;

(b) in relation to an application for change or revocation of an infrastructure consent order, a day specified in regulations.

(8) Subsections (6) and (7) do not apply in relation to—

(a) a failure to decide an application for infrastructure consent or an application to change or revoke an infrastructure consent order, or

(b) anything which delays (or is likely to delay) the decision on such an application.

97

(1) If an infrastructure consent order is made in respect of any land, the order has effect for the benefit of the land and all persons for the time being interested in the land.

(2) Subsection (1) is subject to any contrary provision made in the order.

Planning obligations

98

(1) The TCPA 1990 is amended as follows.

(2) In section 106 (planning obligations)—

(a) after subsection (1A) insert—

(1B) In the case of an infrastructure consent obligation, the reference to development in subsection (1)(a) includes anything that constitutes development for the purposes of the Infrastructure (Wales) Act 2024.

;

(b) in subsection (9) after paragraph (aa) insert—

(ab) if the obligation is an infrastructure consent obligation, contains a statement to that effect;

;

(15) In this section and section 106A “infrastructure consent obligation means a planning obligation entered into in connection with an application (or a proposed application) for an infrastructure consent order.

(3) In section 106A(11) (modification and discharge of planning obligations: meaning of “the appropriate authority”) after paragraph (a) insert—

(zaa) the Welsh Ministers, in the case of any infrastructure consent obligation;

(4) In section 106B(1) (appeals) after “Secretary of State” insert “or the Welsh Ministers”.

(5) After section 106C insert—

(106D) (1) This section applies where an application has been made to the Welsh Ministers under section 106A. (2) A court may entertain proceedings for questioning a failure by the Welsh Ministers to give notice as mentioned in section 106A(7) only if— (a) the proceedings are brought by a claim for judicial review, and (b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which the period prescribed under section 106A(7) ends. (3) A court may entertain proceedings for questioning a determination by the Welsh Ministers that a planning obligation is to continue to have effect without modification only if— (a) the proceedings are brought by a claim for judicial review, and (b) the claim form is filed before the end of the period of 6 weeks beginning with the day after the day on which notice of the determination is given under section 106A(7).

Blighted land

99

(1) TCPA 1990 is amended as follows.

(2) In Schedule 13 (blighted land)—

(a) after paragraph 24 insert—

(24ZA) Land falls within this paragraph if— (a) the compulsory acquisition of the land is authorised by an infrastructure consent order, or (b) the land falls within the limits of deviation within which powers of compulsory acquisition conferred by an infrastructure consent order are exercisable, or (c) an application for infrastructure consent seeks authority to compulsorily acquire the land.

;

(b) after paragraph 25 insert—

(26) (1) Land falls within this paragraph if the land is in a location identified in an infrastructure policy statement as suitable (or potentially suitable) for a specified kind of development. (2) Land ceases to fall within this paragraph when the infrastructure policy statement— (a) ceases to have effect, or (b) ceases to identify the land as suitable or potentially suitable for that kind of development.

(3) In section 150(1)(b) (notices requiring purchase of blighted land)—

(a) for “or paragraph 24 ” substitute “, paragraph 24 or paragraph‍ 24ZA”;

(b) after “within paragraph 24(c)” insert “or‍ 24ZA(c)”.

(4) In section 151 (counter-notices objecting to blight notices) after subsection (7A) insert—

(7B) The grounds on which objection may be made in a counter-notice to a blight notice served by virtue of paragraph 26 of Schedule 13 do not include those mentioned in subsection (4)(b).

(5) After section 165A (power of Secretary of State to acquire land identified in national policy statements where blight notice served) insert—

(‍“165B) Where a blight notice has been served in respect of land falling within paragraph 26 of Schedule 13, the Welsh Ministers have power to acquire compulsorily any interest in the land in pursuance of the blight notice served by virtue of that paragraph.

(6) In section 169 (meaning of “the appropriate authority” for purposes of Chapter 2 of Part 6)—

(a) after subsection (7) insert—

(7A) In relation to land falling within paragraph 26 of Schedule 13, “the appropriate authority” is— (a) if the infrastructure policy statement identifies a statutory undertaker as an appropriate person to carry out the specified description of development in the location, the statutory undertaker; (b) in any other case, the Welsh Ministers. (7B) If any question arises by virtue of subsection (7A)— (a) whether the appropriate authority in relation to any land for the purposes of this Chapter is the Welsh Ministers or a statutory undertaker; or (b) which of two or more statutory undertakers is the appropriate authority in relation to any land for those purposes, that question must be referred to the Welsh Ministers, whose decision is final.

;

(b) in subsection (8), for “and (7)” substitute “, (7), (7A) and (7B)”.

(7) In section 170 (“appropriate enactment” for purposes of Chapter 2) after subsection (8C) insert—

(8D) In relation to land falling within paragraph‍ 24ZA(a) or (b) of that Schedule, “the appropriate enactment” is the infrastructure consent order. (8E) In relation to land falling within paragraph‍ 24ZA(c) of that Schedule, “the appropriate enactment” is an infrastructure consent order in the terms of the order applied for. (8F) In relation to land falling within paragraph 26 of that Schedule, “the appropriate enactment is section 165B.

(8) In section 171(1) (general interpretation of Chapter 2 of Part 6) at the appropriate place insert—

“infrastructure policy statement has the meaning given by section 127(2) of the Infrastructure (Wales) Act 2024;

Nuisance: statutory authority

100

(1) This subsection confers statutory authority for—

(a) carrying out development for which infrastructure consent is granted;

(b) doing anything else authorised by an infrastructure consent order.

(2) Statutory authority under subsection (1) is conferred only for the purpose of providing a defence in civil or criminal proceedings for nuisance.

(3) Subsections (1) and (2) are subject to any contrary provision made in an infrastructure consent order.

Compensation in case where defence of statutory authority applies

101

(1) This section applies if, by virtue of section 100, or an infrastructure consent order, there is a defence of statutory authority in civil or criminal proceedings for nuisance in respect of any authorised works.

(2) “Authorised works” are—

(a) development for which infrastructure consent is granted;

(b) anything else authorised by an infrastructure consent order.

(3) A person by whom or on whose behalf any authorised works are carried out must pay compensation to any person whose land is injuriously affected by the carrying out of the works.

(4) A dispute as to whether compensation under subsection (3) is payable, or as to the amount of the compensation, must be referred to the Upper Tribunal.

(5) Subsection (2) of section 10 of the Compulsory Purchase Act 1965 (c. 56) (“the 1965 Act”) (limitation on compensation) applies to subsection (3) of this section as it applies to that section.

(6) Any rule or principle applied to the construction of section 10 of the 1965 Act must be applied to the construction of subsection (3) of this section (with any necessary modifications).

(7) 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) applies in relation to authorised works as if—

(a) references in that Part to any public works were to authorised works;

(b) references in that Part to the responsible authority were to the person for whose benefit the infrastructure order has effect for the time being;

(8) An infrastructure consent order may not include provision the effect of which is to remove or modify the application of any of subsections (1) to (7).

Interpretation

Recovery of costs of compliance with notice of unauthorised development

102

In this Part, “land” includes any interest in or right over land.

PART 7 — ENFORCEMENT

Offences

103

(1) A person commits an offence if the person carries out, or causes to be carried out, development for which infrastructure consent is required at a time when no infrastructure consent is in force in respect of the development.

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

104

(1) A person commits an offence if, without reasonable excuse, the person—

(a) carries out, or causes to be carried out, development in breach of the terms of an infrastructure consent order, or

(b) otherwise fails to comply with the terms of an infrastructure consent order.

(2) Subsection (1) is subject to section 83(3).

(3) In proceedings against a person for an offence under this section it is a defence for the person to prove that—

(a) the breach or failure to comply occurred only because of an error in the order, and

(b) the error has been corrected under section 87.

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

Time limits

105

(1) A person may not be charged with an offence under section 103 or 104 after the end of—

(a) the relevant 4-year period, or

(b) if subsection (3) applies, the extended period.

(2) The “relevant 4-year period” means—

(a) in the case of an offence under section 103, the period of 4 years beginning with the day on which the development was substantially completed;

(b) in the case of an offence under section 104, the period of 4 years beginning with the later of—

(i) the day on which the development was substantially completed, and

(ii) the day on which the breach or failure to comply occurred.

(3) This subsection applies if during the relevant 4-year period—

(a) an information notice has been given under section 111, or

(b) an injunction has been applied for under section 122.

(4) The “extended period” means the period of 4 years beginning with—

(a) the date on which the information notice was given, if subsection (3)(a) applies;

(b) the date of the application for the injunction, if subsection (3)(b) applies;

Powers to enter land for enforcement purposes

106

(1) A person authorised in writing by a planning authority may enter land in the authority’s area to assess whether an offence under section 103 or 104 is being, or has been, committed on or in respect of the land.

(2) A person authorised in writing by the Welsh Ministers may enter land in Wales to assess whether an offence under section 103 or 104 is being, or has been, committed on or in respect of the land.

(3) A power to enter land under this section may be exercised—

(a) at any reasonable time, and

(b) only if there are reasonable grounds for entering the land for the purpose in question.

(4) A person authorised to enter land under this section may not demand entry as of right to a building used as a dwelling unless 24 hours’ notice of the intended entry has been given to every occupier of the building.

(5) A person authorised to enter land under this section—

(a) must, if required to do so by or on behalf of any owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land,

(b) may take on to the land any other persons that are necessary, and

(c) 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.

Warrant to enter land

107

(1) This section applies if a justice of the peace is satisfied on sworn information in writing—

(a) that there are reasonable grounds for entering land‍ to assess whether an offence under section 103 or 104 is being, or has been, committed on or in respect of the land, and

(b) that—

(i) admission to the land has been refused or a refusal is reasonably expected, or

(ii) the case is one of urgency.

(2) The justice of the peace may issue a warrant conferring a power to enter the land on any person authorised in writing by a person who may authorise entry under section 106 for the purpose in question.

(3) For the purposes of subsection (1)(b), admission to land is to be treated as having been refused if no reply is received to a request for admission within a reasonable period.

(4) A warrant under this section confers a power to enter land—

(a) on one occasion only, and

(b) only at a reasonable time, unless the case is one of urgency.

(5) A person authorised to enter land under this section—

(a) must, if required to do so by or on behalf of any owner or occupier of the land, produce evidence of the person’s authorisation and state the purpose of the entry before entering the land,

(b) may take on to the land any other persons that are necessary, and

(c) 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.

(6) A warrant under this section ceases to have effect at the end of 1 month beginning with the day it is issued.

Rights of entry: supplementary provisions

108

(1) This section applies where a person has a power to enter land conferred by section 106 or by a warrant under section 107.

(2) A person who intentionally obstructs a person exercising the power of entry commits an offence.

(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine.

(4) If damage is caused to land or other property in the exercise of the power of entry, a person suffering the damage may recover compensation from the planning authority that authorised the entry or (as the case may be) from the Welsh Ministers if they authorised the entry.

(5) A claim for compensation under subsection (4) must be made in writing within 12 months beginning with the day the damage was caused (or if the damage was caused over more than one day, the last day it was caused).

(6) Any question of disputed compensation under subsection (4) is to be referred to and determined by the Upper Tribunal.

(7) Section 4 of the Land Compensation Act 1961 (c. 33) (costs) applies to the determination of a question referred under subsection (6) as it applies to the determination of a question under section 1 of that Act, but as if references to the acquiring authority were references to the person from whom compensation is claimed.

Rights of entry: Crown land

109

Sections 106 and 107 do not apply to Crown land.

Marine enforcement powers

110

After section 243 of the Marine and Coastal Access Act 2009 (c. 23) insert—

(243A) (1) The Welsh Ministers may appoint persons for the purposes of enforcing the Infrastructure (Wales) Act 2024. (2) For the purposes referred to in subsection (1), a person appointed under this section has— (a) the common enforcement powers conferred by this Act; (b) the power conferred by section 263. (3) The powers that a person appointed under this section has for the purposes referred to in subsection (1) may be exercised— (a) in the Welsh inshore region (and in relation to any vessel, aircraft or marine structure in that region); (b) in Wales. (4) But the powers which a person appointed under this section has for the purposes referred to in subsection (1) may not be exercised in relation to any British warship.

Information notices

111

(1) This section applies where—

(a) the relevant planning authority consider that an offence under section 103 or 104 may have been committed on or in respect of the land in its area;

(b) the Welsh Ministers consider that an offence under section 103 or 104 may have been committed on or in respect of land in Wales;

(c) the Welsh Ministers consider that an offence under section 103 or 104 may have been committed in or in respect of the Welsh marine area.

(2) The relevant planning authority may serve an information notice on any person—

(a) who is the owner or occupier of the land or has any other interest in it, or

(b) carrying out operations on the land or is using it for any purpose.

(3) The Welsh Ministers may serve an information notice on any person who—

(a) is the owner or occupier of the land or has any other interest in it,

(b) is carrying out operations on the land or is using it for any purpose, or

(4) The information notice must—

(a) specify the matters that the planning authority, or Welsh Ministers, consider may constitute an offence, and

(b) require the person on whom it is served (“the recipient”) to give the information specified in the notice, so far as the recipient is able to do so.

(5) The information that may be specified in the notice is information about—

(a) any operations being carried out,

(b) any use of land,

(d) any matter relating to the provisions of an infrastructure consent order.

(6) An information notice must inform the person on whom it is served of the likely consequences of a failure to respond to the notice and, in particular, that enforcement action may be taken.

(7) The recipient of an information notice must comply with the requirements of the notice by giving the required information in writing to the relevant planning authority, or if the notice was given by the Welsh Ministers, to the Welsh Ministers.

Offences of failing to comply with information notices

112

(1) A person on whom an information notice has been served commits an offence if, at any time after the end of 21 days beginning with the day on which the notice is served, the person has not complied with a requirement of the notice.

(2) In proceedings against a person for an offence under subsection (1), it is a defence for the person to prove that the person had a reasonable excuse for failing to comply with the requirement.

(3) A person may be charged with an offence under this section by reference to a day or a longer period, and may be convicted of more than one offence in relation to the same information notice by reference to different periods.

(4) A person guilty of an offence under subsection (1) is liable on summary conviction to a fine.

(5) A person commits an offence if, in purported compliance with a requirement of an information notice the person—

(a) provides information which the person knows to be false or misleading in a material respect, or

(b) recklessly provides information which is false or misleading in a material respect.

(6) A person guilty of an offence under subsection (5) is liable on summary conviction or on conviction on indictment to a fine.

Notices of unauthorised development

Notice of unauthorised development

113

(1) Subsection (2) applies if a person is found guilty of an offence under section 103 committed on or in respect of any land in Wales.

(2) The relevant planning authority or the Welsh Ministers may give a notice of unauthorised development to the person specifying the steps required to be taken—

(a) to remove the development, and

(b) to restore the land on which the development has been carried out to its condition before the development was carried out.

(3) Subsection (4) applies if a person is found guilty of an offence under section 104 committed on or in respect of any land in Wales.

(4) The relevant planning authority or the Welsh Ministers may give a notice of unauthorised development to the person requiring the person to remedy the breach or failure to comply.

(5) A notice of unauthorised development must specify the period within which any steps specified in the notice must be taken.

(6) A notice of unauthorised development may specify different periods for taking different steps.

(7) Where different periods apply to different steps, references in this Part to the period for compliance with a notice of unauthorised development, in relation to any step, are to the period within which the step is required to be taken.

(8) Regulations may specify additional matters that must be specified in a notice of unauthorised development.

Compliance with notices of unauthorised development

Order to permit steps required by notice of unauthorised development

114

(1) An owner of land may apply by way of complaint to a magistrates’ court for an order requiring another person who has an interest in the land to permit the owner to take steps required by a notice of unauthorised development.

(2) The court may make such an order if it satisfied that the other person is preventing the owner from taking steps required by the notice.

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

115

(1) If the period within which a notice of unauthorised development requires any step to be taken has ended and the step has not been taken, the planning authority that issued the notice, or the Welsh Ministers, if they issued the notice, may at any reasonable time enter the land to which the notice relates and take the step.

(2) A person who intentionally obstructs a person exercising a power under subsection (1) commits an offence.

(3) A person guilty of an offence under subsection (2) is liable on summary conviction to a fine.

Recovery of costs of compliance with notice of unauthorised development

116

(1) Where a relevant planning authority or the Welsh Ministers exercise the power under section 115(1) to enter land and take a step required by a notice of unauthorised development, the planning authority or the Welsh Ministers (as the case may be) may recover from a person who is then an owner of the land the costs reasonably incurred in doing so.

(2) If a relevant planning authority or the Welsh Ministers seek to recover costs under subsection (1) from an owner of land who—

(a) is entitled to receive the rack rent of the land merely as agent or trustee for another person (the “principal”), and

(b) does not have, and has not had at any time since the day payment of the costs was demanded, enough money on behalf of the principal to pay the costs in full,

the liability of the agent or trustee is limited to the total amount of money that the agent or trustee has had on behalf of the principal since that day.

(3) If subsection (2) prevents a relevant planning authority or the Welsh Ministers recovering the whole of its or their costs from an agent or trustee, the relevant planning authority, or the Welsh Ministers may recover the costs from the principal, or partly from the principal and partly from the agent or trustee.

(4) Where a notice of unauthorised development has been served in respect of development—

(a) costs incurred by the owner or occupier of the land for the purpose of complying with the notice, and

(b) amounts paid by the owner of the land under subsection (1) in respect of costs incurred by the relevant planning authority, or the Welsh Ministers, in taking steps required by it or them,

are to be deemed to be incurred or paid for the use and at the request of the person found guilty of the offence under section 103 or 104.

(5) The costs recoverable by a relevant planning authority or the Welsh Ministers under subsection (1) are, until recovered, a charge on the land to which the notice of unauthorised development relates.

(6) The charge takes effect as a local land charge at the beginning of the day after the day the planning authority or the Welsh Ministers complete the step to which the costs relate.

(7) Subsection (8) applies where—

(a) a relevant planning authority or the Welsh Ministers remove materials from land in the course of taking steps required by a notice of unauthorised development, and

(b) the owner of the materials does not, within 3 days after the day they are removed, claim the materials and take them away.

(8) The relevant planning authority or the Welsh Ministers—

(a) may sell the materials, and

(b) if it or they do so, must pay the proceeds to the person who owned the materials, after deducting any costs recoverable by them from the person.

(9) Costs may not be recovered under this section from the Crown.

Temporary stop notices

Power to issue temporary stop notice

117

(1) A relevant planning authority may issue a temporary stop notice if it considers that—

(a) an activity has been or is being carried out in relation to land in its area that constitutes an offence under section 103 or 104, and

(b) the activity (or any part of that activity) ought to be stopped immediately.

(2) A temporary stop notice must—

(a) specify the activity that the planning authority considers to constitute an offence,

(b) prohibit the carrying out of the activity (or of so much of the activity as is specified in the notice),

(d) state the effect of section 120 (offence of breaching temporary stop notice).

(3) The planning authority must display a copy of the temporary stop notice on the land to which it relates; and the copy must specify the date on which it is first displayed.

(4) But if it is not reasonably practicable to display a copy of the notice on the land, the planning authority may instead display a copy in a prominent place as near to the land as is reasonably practicable.

(5) The planning authority may serve a copy of a temporary stop notice on any person the authority considers—

(a) to be carrying out the activity that the notice prohibits,

(b) to be an occupier of the land to which the notice relates,

(d) to be a person who has the benefit of an infrastructure consent order to which the notice relates.

Restrictions on power to issue temporary stop notice

118

(1) A temporary stop notice may not prohibit—

(a) the use of a building as a dwelling, or

(b) the carrying out of an activity of a kind, or in circumstances, specified in regulations.

(2) A temporary stop notice may not prohibit the carrying out of an activity that has been carried out (whether or not continuously) for at least 4 years before the day on which a copy of the notice is first displayed in accordance with section 117.

(3) Subsection (2) does not prevent a temporary stop notice prohibiting—

(a) activity consisting of or incidental to building, engineering, mining, or other operations, or

(b) the deposit of waste.

Duration etc. of temporary stop notice

119

(1) A temporary stop notice takes effect when a copy of it is first displayed in accordance with section 117.

(2) A temporary stop notice ceases to have effect—

(a) at the end of the period of 28 days beginning with the day the copy of it is first displayed in accordance with section 117,

(b) if it specifies a shorter period beginning with that day, at the end of that period, or

(3) But if the planning authority withdraws the notice before the end of the period for which it would otherwise have effect, the notice ceases to have effect when it is withdrawn.

(4) A planning authority may not issue a second or subsequent temporary stop notice in relation to the same activity unless the authority has, since issuing the previous notice, taken other enforcement action in relation to the activity referred to in section 117(1).

(5) In subsection (4) the reference to taking other enforcement action is a reference to—

(a) issuing a notice of unauthorised development under section 113;

(b) obtaining an injunction under section 122.

Offence of breaching temporary stop notice

120

(1) A person commits an offence if, at any time when a temporary stop notice has effect, the person carries out an activity prohibited by the notice or causes or permits such an activity to be carried out.

(2) A person may be charged with an offence under this section by reference to a day or a longer period, and may be convicted of more than one offence in relation to the same temporary stop notice by reference to different periods.

(3) In proceedings against a person for an offence under this section, it is a defence for a person to prove that—

(a) a copy of the temporary stop notice was not served on the person, and

(b) the person did not know, and could not reasonably have been expected to know, of the existence of the notice.

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

Compensation for loss due to notice

121

(1) This section applies where—

(a) an activity specified in a temporary stop notice is, at the time the notice takes effect, authorised by an infrastructure consent order granted before the day the notice takes effect, or

(b) a relevant planning authority withdraws a temporary stop notice after it has taken effect.

(2) This section does not apply by virtue of subsection (1)(b) where—

(a) an activity specified in the temporary stop notice is authorised by an infrastructure consent order granted on or after the day the notice takes effect, or

(b) the planning authority withdraws the notice after the grant of that consent.

(3) Any person who has an interest in the land to which the notice relates on the day the notice takes effect is entitled, on making a claim to the relevant planning authority, to be paid compensation by the authority for any loss or damage suffered by the person that is directly attributable to the effect of the notice.

(4) The loss or damage for which compensation is payable includes any amount payable by the claimant in respect of a breach of contract caused by taking action necessary to comply with the notice.

Reading this document does not replace reading the official text published on legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. We assume no responsibility for any inaccuracies arising from the conversion of the original CLML XML to this format.

This text is published under legislation.gov.uk's own terms of reuse, not a Legalize or public-domain licence. legislation.gov.uk
Open Government Licence v3.0 (attribution required)
© Crown and database right. Derived from content available under the Open Government Licence v3.0 from legislation.gov.uk.

Infrastructure (Wales) Act 2024

The decision

Grant or refusal of infrastructure consent

60

Development for which infrastructure consent may be granted

61

Reasons for decision to grant or refuse infrastructure consent

62

PART 6 — INFRASTRUCTURE CONSENT ORDERS

Provision in orders: general

What may be included in an infrastructure consent order

63

Provision in orders authorising compulsory acquisition

Purpose for which compulsory acquisition may be authorised

64

Land to which authorisation of compulsory acquisition can relate

65

Application of compulsory acquisition provisions

66

Compensation for compulsory acquisition

67

Statutory undertakers’ land

68

National Trust land

69

Commons, open spaces etc: compulsory acquisition of land

70

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

71

Notice of authorisation of compulsory acquisition

72

Provision in orders: specific limitations and powers

Public rights of way

73

Power to override easements and other rights

74

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

75

Crown land

76

Operation of generating stations

77

Keeping electric lines installed above ground

78

Diversion of watercourses

79

Highways

80

Harbours

81

Discharge of water

82

Deemed consent under a marine licence

83

Removing consent requirements and deeming consents

84

Procedure for infrastructure consent orders

Infrastructure consent orders: publication and procedure

85

Changing and revoking infrastructure consent orders etc.

Meaning of “decision documents” and “error”

86

Power to correct errors in decision documents

87

Correcting errors: regulations

88

Making changes to, and revoking, infrastructure consent orders

Definitions

89

Power to change or revoke infrastructure consent orders

90

Procedure: changing and revoking infrastructure consent orders

91

Changing and revoking infrastructure consent orders: formalities

92

Changing or revoking an infrastructure consent order: compensation

93

Effect of infrastructure consent orders

Duration of infrastructure consent order

94