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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

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(5) No compensation is payable under this section in respect of the prohibition of an activity which, at any time when the temporary stop notice has effect, constitutes or contributes to an offence under section 103 or 104.

(6) No compensation is payable under this section for loss or damage that the claimant could have avoided by—

(a) providing information that the claimant was required to provide by a notice served by the planning authority under section 111 of this Act or section 16 of the Local Government (Miscellaneous Provisions) Act 1976 (c. 57), or

(b) co-operating with the planning authority in any other way when responding to the notice.

(7) A claim for compensation under this section must be made in writing within 12 months beginning—

(a) in a case falling within subsection (1)(a) but not within subsection (1)(b), with the day the temporary stop notice takes effect;

(b) in a case falling within subsection (1)(b), with the day the notice is withdrawn.

Injunction to restrain prohibited activity

122

(1) A planning authority may apply to the High Court or the county court for an injunction restraining an actual or expected activity that constitutes an offence under section 103 or 104 in relation to land in the area of the planning authority.

(2) The Welsh Ministers may apply to the High Court or the county court for an injunction restraining an actual or expected activity that constitutes an offence under section 103 or 104 in relation to land in Wales.

(3) On an application under this section the court may grant an injunction on any terms it considers appropriate for the purpose of restraining the activity.

(4) An injunction may not be issued under this section against the Crown.

General

Meaning of “relevant planning authority”

123

In this Part, the relevant planning authority in relation to any land is the planning authority for the area in which the land is situated.

PART 8 — SUPPLEMENTARY FUNCTIONS

Fees

124

(1) Regulations may make provision for or in connection with the charging of fees by—

(a) a specified public authority for performing an infrastructure consent function;

(b) a specified public authority for the provision of an infrastructure consent service.

(2) “Infrastructure consent function” means a function conferred by, under or by virtue of this Act.

(3) “Infrastructure consent service” means any advice, information or other assistance (including a response to a consultation or participating in the examination of an application by making a written submission, attending or giving evidence at a hearing or attending or giving evidence to a local inquiry) provided in connection with—

(a) an application or proposed application—

(i) for an infrastructure consent, or

(ii) to make a change to, or revoke, an infrastructure consent order, or

(b) any other specified matter relating to significant infrastructure projects.

(4) Regulations under subsection (1) may, among other things, make provision about—

(a) when a fee (including a supplementary fee) may, and may not, be charged;

(b) the amount that may be charged (including provision specifying the amount or provision conferring a power to specify the amount);

(d) who is liable to pay a fee charged;

(e) to whom fees are to be paid;

(f) when a fee charged is payable;

(g) the recovery of fees charged;

(h) waiver, reduction or repayment of fees;

(i) the effect of paying or failing to pay fees charged (including provision permitting a public authority specified under subsection (1) to not do something the authority would otherwise be required to do under an enactment until any outstanding fees for doing it are paid);

(j) the transfer of fees payable to one person to another person;

(k) the supply or publication of information for any purpose of the regulations.

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

(6) Regulations under subsection (1)(a) may provide for the amounts of fees to be calculated by reference to costs incurred—

(a) in the performance of any infrastructure consent function, and

(b) in doing anything that is calculated to facilitate, or is conducive or incidental to, the performance of any infrastructure consent function.

(7) In this section, “specified” means specified in regulations.

Right of entry

Powers of entry to survey land

125

(1) A person authorised in writing by the Welsh Ministers may at any reasonable time enter land in Wales for the purpose of surveying and taking levels of‍ land, in connection with—

(a) a valid application for infrastructure consent,

(b) a proposed application for infrastructure consent, or

(c) an infrastructure consent order that includes provision authorising the compulsory acquisition of that land or of an interest in it or right over it.

(2) Authorisation may be given by the Welsh Ministers under subsection (1)(b) in relation to land only if it appears to the Welsh Ministers that the proposed applicant is considering a project of real substance genuinely requiring entry onto the land.

(3) 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.

(4) Power conferred by subsection (1) to survey land includes power to search and bore for the purpose of ascertaining the nature of the subsoil or the presence of minerals or other matter in it, subject to subsections (5) and (6).

(5) No person may carry out under subsection (1) any works authorised by virtue of subsection (4) unless notice of the person’s intention to do so was included in the notice required by subsection (3)(b).

(6) Authorisation by the appropriate Minister is required for the carrying out under subsection (1) of works authorised by virtue of subsection (4) if—

(a) the land in question is held by statutory undertakers, and

(b) they object to the proposed works on the ground that execution of the works would be seriously detrimental to the carrying-on of their undertaking.

(7) In subsection (6)—

“the appropriate Minister” (“y Gweinidog priodol”) means— in the case of land in Wales held by water or sewerage undertakers, the Welsh Ministers, and in any other case the Secretary of State;

“statutory undertakers” (“ymgymerwyr stadudol”) means persons who are, or who are deemed to be, statutory undertakers for the purposes of any provision of Part 11 of the TCPA 1990.

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

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

(10) If any damage is caused to land or other property—

(a) in the exercise of a power of entry conferred under subsection (1), or

(b) in the making of a survey for the purpose of which any such power of entry has been conferred,

a person suffering the damage may recover compensation from the person exercising the power of entry.

(11) Any question of disputed compensation under subsection (10) must be referred to and determined by the Upper Tribunal.

Powers of entry to survey land: Crown land

126

(1) Section 125(1) 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) In section 125(4) (power of entry to survey land includes power to search and bore), the words “subject to subsections (5) and (6)” do not apply.

(4) Subsections‍ (3)(b), (5), (6), (8), and (9) of section 125 do not apply in relation to anything done by virtue of this section.

Infrastructure policy statements

127

(1) The Welsh Ministers may by notice designate a document as an infrastructure policy statement for the purposes of this Act, if the document—

(a) is issued by the Welsh Ministers, and

(b) sets out a policy to guide decision making under this Act in relation to one or more kinds of significant infrastructure project.

(2) In this Act, “infrastructure policy statement” means a document designated under subsection (1).

(3) The Welsh Ministers may withdraw the designation of a document as an infrastructure policy statement by notice in writing.‍

(4) The Welsh Ministers must publish and lay before Senedd Cymru—

(a) each notice designating a document as an infrastructure policy statement;

(b) each notice of the withdrawal of the designation of a document as an infrastructure policy statement.

(5) If a document designated as an infrastructure policy statement has not previously been published, the Welsh Ministers must publish it.

(6) If a document designated as an infrastructure policy statement has not previously been laid before Senedd Cymru, the Welsh Ministers must lay it before the Senedd.

Register of applications and pre-application services

128

(1) The Welsh Ministers must maintain a register of—

(a) applications received by them for infrastructure consent;

(b) applications received by them for pre-application services;

(2) If the Welsh Ministers receive a valid application for infrastructure consent, they must cause details of the application to be entered in the register.

(3) If the Welsh Ministers receive an application for pre-application services, they must cause details of the application to be entered in the register.

(4) If the Welsh Ministers provide pre-application services, they must cause details of the services provided to be entered into the register.

(5) The Welsh Ministers must publish the register.

(6) Regulations may make provision for or in connection with requiring each planning authority to maintain a register of—

(a) applications received by the Welsh Ministers for infrastructure consent for development wholly or partly in the area of the planning authority;

(b) applications received by the planning authority for pre-application services;

(7) Regulations may make provision for or in connection with requiring Natural Resources Wales to maintain a register of—

(a) applications received by Natural Resources Wales for pre-application services;

(b) pre-application services provided by Natural Resources Wales.

(8) Regulations may, in relation to a register required to be maintained by or under this section, make provision about—

(a) the form and content of a register;

(b) public access to documents relating to entries in the register, including provision requiring the documents to be deposited, stored and made accessible as a facility of the register;

Statutory consultees

Power to consult and duty to respond to consultation

129

(1) The Welsh Ministers or an examining authority may consult a public authority specified in regulations about a valid application for infrastructure consent.

(2) The public authority consulted must give a substantive response.

(3) That response must be given before the end of—

(a) a period specified in regulations, or

(b) if the authority and the Welsh Ministers or examining authority (as the case may be) agree otherwise in writing, whatever period is specified in their agreement.

(4) Regulations may make provision—

(a) about information that is to be provided by the Welsh Ministers or an examining authority to an authority for the purposes of consultation under subsection (1);

(b) about the requirements of a substantive response;

(c) requiring an authority consulted under subsection (1) to give a report to the Welsh Ministers about the authority’s compliance with subsection (2) (including provision as to the form and content of the report, and the time at which it is to be made).

Welsh Ministers’ directions

Directions to public authorities

130

(1) The Welsh Ministers may give a direction requiring a public authority to which this section applies to do things in relation to an application made to the Welsh Ministers.

(2) This section applies to the following public authorities—

(a) a planning authority;

(b) Natural Resources Wales;

(3) Directions given under this section—

(a) may relate to a particular application or description of application, or to applications generally;

(b) may be given to a particular public authority or description of public authority or to public authorities generally.

(4) Regulations may make provision for or in connection with the recovery of costs incurred by public authorities for things done in pursuance of directions under this section.

Power to disapply requirements

131

(1) Regulations may provide for a power for the Welsh Ministers to direct that requirements imposed by, under or by virtue of this Act do not apply in a case specified in the direction.

(2) The regulations—

(a) must specify the requirements that may be dis-applied by direction;

(b) must requir‍e the Welsh Ministers to, as soon as reasonably practicable after making a direction—

(i) publish the direction, and

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

Regulations about Crown applications

Applications by the Crown

132

(1) This section applies to an application made by or on behalf of the Crown for infrastructure consent or change to or revocation of an infrastructure consent order (“a Crown application”).

(2) The Welsh Ministers may by regulations modify or exclude any enactment (including an enactment contained in this Act) relating to—

(a) the procedure to be followed before a Crown application is made;

(b) the making of a Crown application;

PART 9 — GENERAL PROVISIONS

Development

Meaning of “development”

133

(1) In this Act, “development” has the same meaning as it has in TCPA 1990, subject to subsections (2), (3) and (4).

(2) For the purposes of this Act—

(a) the conversion of a generating station with a view to its being fuelled by crude liquid petroleum, a petroleum product or natural gas is treated as a material change in the use of the generating station;

(b) an increase in the permitted use of an airport is treated as a material change in the use of the airport.

(3) For the purposes of this Act, the following works are taken to be development (to the extent that they would not be otherwise)—

(a) works for the demolition of a listed building or its alteration or extension in a way that would affect its character as a building of special architectural or historic interest;

(b) works for the demolition of a building in a conservation area;

(d) works for the purpose of removing or repairing a scheduled monument or any part of it or making any alterations or additions to the monument or any part of it;

(e) flooding or tipping operations on land in, on or under which a scheduled monument is situated.

(4) For the purposes of this Act, “development” includes operations and changes of use in the sea and other areas covered with waters.

(5) In this section—

“conservation area” (“ardal gadwraeth”) means an area designated under section 158 of the Historic Environment (Wales) Act 2023 (asc 3);

“flooding operations” (“gweithdrediadau i foddi tir”) has the meaning given by section 75(1) of the Historic Environment (Wales) Act 2023;

“listed building” (“adeilad rhestredig”) has the meaning given by section 76 of the Historic Environment (Wales) Act 2023;

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

“petroleum products” (“cynhyrchion petroliwm”) has the meaning given by section 21 of the Energy Act 1976 (c. 76);

“scheduled monument” (“heneb gofrestredig”) has the meaning given by section 3(7) of the Historic Environment (Wales) Act 2023;

“tipping operations” (“gweithrediadau tipio”) has the meaning given by section 75(1) of the Historic Environment (Wales) Act 2023.

Crown land

Crown land and “the appropriate Crown authority”

134

(1) This section applies for the purposes of this Act.

(2) “Crown land” means land in which there is a Crown interest or a Duchy interest.

(3) “Crown interest” means an interest which—

(a) belongs to His Majesty in right of the Crown or in right of His private estates, or

(b) belongs to a government department or is held in trust for His Majesty for the purposes of a government department.

(4) “Duchy interest” means—

(a) an interest belonging to His Majesty in right of the Duchy of Lancaster, or

(b) an interest belonging to the Duchy of Cornwall.

(5) “Appropriate Crown authority”, in relation to Crown land, means—

(a) in the case of land belonging to His Majesty in right of the Crown and forming part of the Crown Estate, the Crown Estate Commissioners;

(b) in relation to any other land belonging to His Majesty in right of the Crown, the government department having the management of the land;

(c) in relation to land belonging to His Majesty in right of His private estates, a person appointed by His Majesty in writing under the Royal Sign Manual or, if no such appointment is made, the Welsh Ministers;

(d) in relation to land belonging to His Majesty in right of the Duchy of Lancaster, the Chancellor of the Duchy;

(e) in relation to land belonging to the Duchy of Cornwall, a person appointed by the Duke of Cornwall or by the possessor for the time being of the Duchy;

(f) in the case of land belonging to a government department or held in trust for His Majesty for the purposes of a government department, the department.

(6) “The Crown” is to be treated as including the Senedd Commission.

(7) Any question that arises about who is the appropriate Crown authority in relation to any land must be referred to the Treasury, whose decision is final.

(8) In this section—

(a) references to His Majesty’s private estates are to be read in accordance with section 1 of the Crown Private Estates Act 1862 (c. 37);

(b) references to a government department include a Minister of the Crown and the Senedd Commission (and see section 85 of the Government of Wales Act 2006 (c. 32), which provides for references to a government department to include the Welsh Ministers, the First Minister and the Counsel General).

Offences

Offences by bodies corporate

135

(1) This section applies to an offence under sections 28, 103, 104, 112 and 120.

(2) Where the offence is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—

(a) a senior officer of the body, or

(b) a person who was purporting to be a senior officer of the body,

the senior officer or person (as well as the body corporate) is guilty of the offence, and is liable to be proceeded against and punished accordingly.

(3) In this section, “senior officer” means a director, manager, secretary or other similar officer of the body corporate.

(4) But in the case of a body corporate whose affairs are managed by its members, “director” means a member of the body.

Giving notices and other documents

136

(1) This section applies where a provision in or made under this Act requires or authorises a person to—

(a) notify another person of something, or

(b) give a document to another person (whether the provision uses the word “serve” or “give” or other term).

(2) The notification or other document may be given to the person in question—

(a) by handing it to the person, or, in the case of a person who is a body corporate, handing it to the secretary or clerk of the body at its registered or principal office;

(b) by leaving it at the person’s usual or last known place of residence or, if the person has given an address for service, at that address,

(i) addressed to the person at the person’s usual or last known place of residence, or, in the case of a person who is a body corporate, addressed to the secretary or clerk of the body at its registered or principal office;

(ii) if the person has given an address for service, addressed to the person at that address;

(d) if the person has given an address for service using electronic communications, by sending it to the person at that address using an electronic communication which complies with the conditions in subsection (3);

(e) by any other way specified in regulations.

(3) The conditions are that the document is—

(a) capable of being accessed by the person to whom it is sent,

(b) legible in all material respects, and

(4) A requirement to give more than one copy of a document to a person is complied with by sending only one copy of the document to the person electronically, unless the provision requires the copies to be given in hard copy.

(5) For the purposes of this section the principal office of a company registered outside the United Kingdom is their principal office within the United Kingdom.

(6) A notification or other document given to a person by leaving it at the person’s address under subsection (2)(b) is to be treated for the purposes of this Act as having been given at the time at which it was left at that address.

(7) A notification or other document given to a person by sending it electronically in accordance with this section is to be treated for the purposes of this Act as having been given, unless the contrary is proved, on the day on which the electronic communication was sent.

(8) Subsection (2)(c) and (d) do not apply to the giving of—

(a) notice under section 106(4) (notice to enter land without warrant);

(b) notice under section 111 (information notices);

(9) See section 233 of the Local Government Act 1972 (c. 70) for additional provision about the methods by which local authorities may serve documents.

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

137

(1) This section (in addition to section 136) applies where a provision contained in or made under this Act requires or authorises notification or a document to be given—

(a) to a person as having an interest in land, or

(b) to a person as an occupier of land.

(2) Where the notification or other document is to be given to a person as having an interest in land, and the name of the person cannot be discovered after making reasonable inquiries, the notification or document may be addressed to the person as “the owner” of the land, describing the land.

(3) Where the notification or other document is to be given to a person as an occupier of land it may be addressed to the person by name or as “the occupier” of the land, describing the land.

(4) Subsection (5) applies—

(a) where—

(i) a notification or other document is to be given to a person as having an interest in land,

(ii) the person’s usual or last known place of residence cannot be discovered after making reasonable inquiries, and

(iii) the person has not given an address for the service of the document, or

(b) where a document is to be given to a person as an occupier of land.

(5) The notification or other document is given for the purpose of this Act if it is addressed to the person, clearly marked as an important communication affecting the person’s property, and is—

(a) sent to the land by post and not returned as undelivered,

(b) handed to a person who is, or appears to be, resident or employed in or on the land, or

Giving documents to the Crown

138

(1) This section applies where a provision contained in or made under this Act requires a notification or other document to be given to the Crown.

(2) The notification or other document must be given to the appropriate Crown authority.

(3) Sections 136 and 137 (general provisions about methods of service) do not apply.

(4) In this section, “the Crown” includes—

(a) the Duchy of Lancaster;

(b) the Duchy of Cornwall.

General

Duties to publish

139

(1) Where this Act imposes a duty to publish something, it must be published electronically.

(2) The duty to publish electronically is, where the person has a website, a duty to publish on that website.

(3) Nothing in this section prevents the person subject to the duty from publishing in another way as well as publishing electronically.

Regulations and orders: restrictions

140

(1) Subsection (2) applies to—

(a) regulations under section 30, section 34, section 35, section 48(6), section 63(5), section 91(3), section 124 and section 129;

(b) infrastructure consent orders and orders under section 90.

(2) Regulations and orders—

(a) may include provision that would require the consent of the appropriate Minister under paragraph 8(1)(a) or (c), 10 or 11 of Schedule 7B to the Government of Wales Act 2006 (c. 32) if the provision were included in an Act of Senedd Cymru;

(b) may include provision that would require consultation of the appropriate Minister under paragraph 11(2) of Schedule 7B to that Act if the provision were included in an Act of Senedd Cymru.

(3) Regulations and orders under this Act, except regulations and orders to which subsection (2) applies in so far as they make provision authorised by subsection (2)—

(a) may not include provision that would require the consent of the appropriate Minister under paragraph 8, 10 or 11 of Schedule 7B to the Government of Wales Act 2006 if the provision were included in an Act of Senedd Cymru;

(b) may not include provision that would require consultation of the appropriate Minister under paragraph 11(2) or (2A) of Schedule 7B to that Act if the provision were included in an Act of Senedd Cymru.

(4) In this section, “appropriate Minister” has the meaning given by paragraph 8(5) of Schedule 7B to the Government of Wales Act 2006.

Regulations: procedure

141

(1) A power to make regulations under this Act is to be exercised by statutory instrument.

(2) A power to make regulations under this Act includes power to make—

(a) different provision for different purposes or different areas;

(b) incidental, supplementary, consequential, transitional or saving provision.

(3) A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.

(4) Subsection (3) applies to a statutory instrument containing regulations under any of the following provisions—

(a) section 17;

(b) section 21;

(d) section 55(1)

(e) section 58(3);

(f) section 59(6);

(g) section 63(5);

(h) section 124;

(i) section 130;

(j) section 131;

(k) section 132;

(l) section 144, but only where the regulations amend, repeal or otherwise modify a provision of an Act of Parliament or an Act or Measure of Senedd Cymru;

(m) paragraph 2(1) of Schedule 2.

(5) A statutory instrument containing regulations made by the Welsh Ministers under this Act to which subsection (4) does not apply is subject to annulment in pursuance of a resolution of Senedd Cymru.

Directions: general

142

A direction given under or by virtue of this Act must be in writing.

General interpretation

143

(1) In this Act—

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

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

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

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

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

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

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

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

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

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

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

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

“gas” (“nwy”) includes natural gas;

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

“trunk road” (“cefnffordd”) means a highway which is a trunk road by virtue of— section 10(1) or 19 of the Highways Act 1980, an order or direction under section 10 of that Act, or an infrastructure consent order, or under any other enactment;

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

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

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

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

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

(b) a reference to a restrictive covenant.

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

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

(b) the imposition of a restrictive covenant.

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

Power to make consequential and transitional provision etc.

144

(1) If the Welsh Ministers consider it appropriate for the purposes of, in consequence of, or for giving full effect to any provision of this Act, they may, by regulations, make—

(a) supplementary, incidental or consequential provision;

(b) transitional or saving provision.

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

Consequential amendments and repeals

145

Schedule 3 makes provision in consequence of this Act.

Transitional and saving provision

146

(1) Sections 19 and 20 have no effect in relation to a development if the conditions in subsections (2) and (3) apply.

(2) The first condition is that—

(a) an application for a section 20 consent in relation to the development was made before the coming into force of sections 19 and 20 and the application has not been withdrawn,

(b) a notification under section 62E(1) of the TCPA 1990 of a proposed application in relation to the development was made before the coming into force of sections 19 and 20 and the notification has not been withdrawn, or

(c) on the coming into force of sections 19 and 20, the making or confirmation of an order or scheme mentioned in subsection (2) or (3) of section 20 in relation to the development is under consideration by the Welsh Ministers, other than in response to an application.

(3) The second condition is that—

(a) the question of whether to grant or make the section 20 consent is under consideration, where the transition period has not ended,

(b) where subsection (2)(b) applies and the transition period has not ended—

(i) the first 12 months of the transition period has not ended without an application for planning permission being made in relation to the development, or

(ii) an application is made during the first 12 months of the transition period and the question of whether to grant planning permission is under consideration;

(4) In subsection (3), the “transition period” means the period of 24 months beginning with the day sections 19 and 20 come into force.

(5) The Welsh Ministers may, in relation to a development, direct that—

(a) a different transition period applies for the purposes of subsection (3)(a), (b) or (c), or

(b) a period other than 12 months applies for the purposes of paragraph (b) of that subsection.

(6) Regulations may make provision for the purposes of subsection (2) or (3) about—

(a) when an application or notification is to be treated as made;

(b) what under consideration means.

(7) If a section 20 consent (“the original consent”) has effect (whether by virtue of subsection (1) or otherwise), nothing in section 20 prevents the original consent, or a section 20 consent that replaces it, from being varied or replaced.

(8) If the original consent, or a section 20 consent that replaces it, is varied or replaced, section 19 does not apply to the development to which the consent as varied, or the replacement consent, relates (and so infrastructure consent is not required for that development).

(9) A section 20 consent replaces an earlier section 20 consent for the purposes of this section if (but only if)—

(a) it is granted or made on an application for consent for development without complying with conditions subject to which the earlier section 20 consent was granted or made, and

(b) it is granted subject to, or made on, different conditions or unconditionally.

(10) The provisions of the TCPA 1990 have effect as if the amendments made to that Act by paragraph 4 of Schedule 3 had not been made in so far as the provisions of the TCPA 1990 relate to a development to which sections 19 and 20 do not apply by virtue of this section.

Coming into force

147

(1) The following provisions of this Act come into force on the day after the day on which this Act receives Royal Assent—

(a) Part 1;

(b) the provisions of Parts 2 to 8 that—

(i) confer power to make regulations, or

(ii) make provision about what is (or is not) permitted to be done in the exercise of a power to make regulations;

(2) The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.

(3) An order under subsection (2) may—

(a) appoint different days for different purposes;

(b) make transitory, transitional or saving provision in connection with the coming into force of a provision brought into force by the order.

Short title

148

The short title of this Act is the Infrastructure (Wales) Act 2024.

SCHEDULE 1

PART 1 — THE MATTERS

1

The acquisition of land, compulsorily or by agreement.

2

The creation, suspension or extinguishment of, or interference with, interests in or rights over land (including navigation over water), compulsorily or by agreement.

3

The abrogation or modification of agreements relating to land.

4

Carrying out specified excavation, mining, quarrying or boring operations in a specified area.

5

The operation of a generating station.

6

Keeping electric lines installed above ground.

7

The protection of the property or interests of any person.

8

The imposition or exclusion of obligations or liability in respect of acts or omissions.

9

Carrying out surveys or taking soil samples.

10

Cutting down, uprooting, topping or lopping trees or shrubs or cutting back their roots.

11

The removal, disposal or re-siting of apparatus.

12

Carrying out civil engineering or other works.

13

The diversion of navigable or non-navigable watercourses.

14

The stopping up or diversion of highways.

15

Charging tolls, fares (including penalty fares) and other charges.

16

The designation of a highway as a trunk road or special road.

17

The specification of the classes of traffic authorised to use a highway.

18

The appropriation of a highway for which the person proposing to construct or improve a highway is the highway authority.

19

The transfer to the person proposing to construct or improve a highway of a highway for which that person is not the highway authority.

20

The specification of the highway authority for a highway.

21

The operation and maintenance of a transport system.

22

Entering into an agreement for the provision of police services.

23

The discharge of water into inland waters or underground strata.

24

Deeming a marine licence under Part 4 of the Marine and Coastal Access Act 2009 (c. 23) to have been given by the Welsh Ministers for activities specified in the order and subject to such conditions as may be specified in the order.

25

Deeming any such conditions to have been attached to the marine licence by the Welsh Ministers under that Part.

26

The creation of a harbour authority.

27

Changing the powers and duties of a harbour authority.

28

The making of byelaws by any person and their enforcement.

29

(1) The creation of offences within sub-paragraph (2) in connection with—

(a) non-payment of tolls, fares or other charges,

(b) a person’s failure to give the person’s name or address in accordance with provision relating to penalty fares,

(d) construction, improvement, maintenance or management of a harbour.

(2) An offence is within this sub-paragraph if—

(a) it is triable only summarily,

(b) a person guilty of the offence is not liable to imprisonment, and

30

The transfer of property, rights, liabilities or functions.

31

The transfer, leasing, suspension, discontinuance and revival of undertakings.

32

The payment of contributions.

33

The payment of compensation.

34

The submission of disputes to arbitration.

35

The alteration of borrowing limits.

PART 2 — INTERPRETATION

36

(1) This paragraph applies for the purposes of this Schedule.

(2) “Transport system” means any of the following—

(a) a railway;

(b) a tramway;

(d) a system using a mode of guided transport prescribed by order under section 2 of the Transport and Works Act 1992 (c. 42).

(3) “Maintenance”, in relation to a transport system, includes the inspection, repair, adjustment, alteration, removal, reconstruction or replacement of the system.

(4) The following terms have the meanings given by section 67(1) (interpretation) of the Transport and Works Act 1992 (c. 42)—

“guided transport” (“trafnidiaeth gyfeiriedig”);

“tramway” (“tramffordd”);

“trolley vehicle system” (“system cerbydau troli”).

SCHEDULE 2

1

(1) This paragraph applies where—

(a) an infrastructure consent order is changed or revoked by an order under section 90, and

(b) the case in which the power is exercised is one falling within section 90(6).

(2) Any person interested in the land to which the infrastructure consent order relates or interested in minerals on such land, or for whose benefit the infrastructure consent order has effect, is entitled, on making a claim to the Welsh Ministers, to be paid compensation by the Welsh Ministers for—

(a) any expenditure incurred by the person in carrying out work that becomes abortive because of the change or revocation of the infrastructure consent order;

(b) any other loss or damage suffered by the person that is directly attributable to the change or revocation.

(3) Regulations may make provision about the way in which, and the period within which, a claim for compensation under this paragraph must be made.

(4) For the purpose of this paragraph, expenditure incurred in the preparation of plans for the purposes of any work, or on other similar matters preparatory to any work, is to be treated as expenditure incurred in carrying out the work.

(5) Subject to that, no compensation is payable under this paragraph in respect of—

(a) work carried out before the making of the infrastructure consent order that is changed or revoked, or

(b) other loss or damage (other than loss or damage consisting of depreciation of the value of an interest in land) arising out of anything done or omitted to be done before the infrastructure consent order was made.

Compensation for depreciation: introduction and key terms

2

(1) Paragraphs 3 to‍ 9 apply where compensation becomes payable by the Welsh Ministers under paragraph 1 which includes compensation for depreciation of more than the minimum amount specified in regulations.

(2) In this paragraph and paragraphs 3 to 10—

(a) “acquiring authority”, in relation to the acquisition or proposed acquisition of an interest in land (whether compulsorily or by agreement), means the public authority or other person by whom the interest is acquired or is proposed to be acquired;

(b) “compulsory acquisition” does not include the transfer of property from one person to another by an enactment;

(c) “compensation for depreciation” means compensation payable in respect of loss or damage consisting of depreciation of the value of an interest in land;

(d) “interest in land” means the fee simple or a tenancy of the land (and does not include any other interest in it);

(e) “compensation notice” has the meaning given in paragraph 4(1);

(f) “registered”, in relation to a compensation notice, means registered in the local land charges register kept under section 3 of the Local Land Charges Act 1975 (c. 76).

Apportionment of compensation for depreciation and determination of disputes

3

(1) The Welsh Ministers—

(a) if they consider that it is practicable to do so, must apportion the compensation for depreciation between different parts of the land to which the claim for compensation relates, and

(b) if they apportion the compensation, must give details of the apportionment to the claimant and to any other person with an interest in land which the Welsh Ministers consider is substantially affected by the apportionment.

(2) In carrying out an apportionment, the Welsh Ministers must divide the land into parts and distribute the compensation for depreciation between those parts according to how they consider different parts of the land are differently affected by the order in consequence of which the compensation is payable.

(3) If any of the following persons dispute an apportionment of compensation, they may refer‍ the apportionment to the Upper Tribunal—

(a) the claimant;

(b) any other person to whom details of the apportionment have been given;

(c) any other person who establishes that they have an interest in land which is substantially affected by the apportionment.

(4) The claimant and every other person to whom details of an apportionment have been given are entitled to be heard by the Upper Tribunal on the reference.

(5) On a reference of an apportionment, the Upper Tribunal must—

(a) either confirm or vary the apportionment, and

(b) notify the parties of its decision.

(6) Where on a reference to the Upper Tribunal it is shown that an apportionment—

(a) relates wholly or partly to the same matters as a previous apportionment, and

(b) is consistent with the previous apportionment so far as it relates to those matters,

the Tribunal must not vary the apportionment in a way that is inconsistent with the previous apportionment so far as it relates to those matters.

(7) Sub-paragraphs (1) and (2) apply to an apportionment by the Upper Tribunal as if references to the Welsh Ministers were references to the Tribunal.

Notice of compensation for depreciation

4

(1) Where compensation becomes payable which includes compensation for depreciation of‍ more than the minimum amount specified in regulations under paragraph 2 the Welsh Ministers must cause notice of that fact (a “compensation notice”) to be served—

(a) on the council of the county or county borough for the area in which the land or any part of the land to which the notice relates is situated, and

(b) if that council is not the planning authority for the area in which the land or any part of the land is situated, on the planning authority for the area.

(2) A compensation notice must specify—

(a) the order in consequence of which the compensation is payable and the land to which the claim for compensation relates, and

(b) the amount of the compensation and any apportionment of it under paragraph 3.

(3) A compensation notice is a local land charge, and for the purposes of the Local Land Charges Act 1975 (c. 76) the county or county borough council on which the notice is served is the originating authority as respects the charge.

Development not to be carried out until compensation paid or secured

5

(1) A person must not carry out development to which this paragraph applies on land in respect of which a compensation notice has been registered until any amount that is recoverable in respect of the compensation specified in the notice by virtue of paragraph 6 has been paid or secured to the satisfaction of the Welsh Ministers in accordance with paragraph 7.

(2) This paragraph applies to—

(a) development that—

(i) is of a residential, commercial or industrial character, and

(ii) consists wholly or mainly of the construction of houses, flats, shop or office premises or industrial buildings (including warehouses), or any combination of them;

(b) development that consists of mining operations;

(c) development to which, having regard to the probable value of the development, the Welsh Ministers consider it reasonable that this paragraph should apply.

(3) This paragraph does not apply to development by virtue of subparagraph (2)(c) if, on an application made to them, the Welsh Ministers have certified that, having regard to the probable value of the development, they do not consider it reasonable that this paragraph should apply.

(4) Where the compensation specified in the compensation notice became payable in consequence of an order changing an infrastructure consent order, this paragraph does not apply to development in accordance with the changed infrastructure consent order.

Amount recoverable by Welsh Ministers in respect of compensation

6

(1) The amount recoverable in respect of the compensation specified in a registered compensation notice is—

(a) if the land on which development is to be carried out includes all of the land to which the notice relates (whether alone or with other land), the amount of compensation specified in the notice;

(b) if the land on which development is to be carried out includes only part of the land to which the notice relates (whether alone or with land to which the notice does not relate), the amount of the compensation specified in the notice that is attributable to that part.

(2) But the Welsh Ministers may defer recovery of all or part of the amount that would otherwise be recoverable in connection with a particular development of land if they consider, having regard to the probable value of any proper development of that land, that no proper development of it is likely to be carried out unless they exercise their powers under this sub-paragraph.

(3) If the Welsh Ministers defer recovery of only part of the amount that would otherwise be recoverable in respect of any land, they must cause the registered compensation notice in question to be amended so that the amount of compensation stated in it, so far as attributable to that land, is the amount they have deferred.

(4) Where an amount has become recoverable in respect of compensation in connection with the development of land, no amount is recoverable in respect of the compensation attributable to that land in connection with any later development of it.

(5) Sub-paragraph (4) does not apply to an amount to the extent that recovery of the amount was deferred in connection with the earlier development.

(6) No amount is recoverable by virtue of this paragraph in respect of any compensation by reference to which an amount has become recoverable from an acquiring authority under paragraph 8 (recovery on compulsory acquisition or sale).

(7) For the purposes of this Schedule, the amount of the compensation specified in a compensation notice that is attributable to a part of the land to which the notice relates is to be calculated—

(a) if the notice includes an apportionment of the compensation between different parts of the land under paragraph 3, on the basis that—

(i) the compensation is distributed between those parts in accordance with the apportionment, and

(ii) the compensation attributed to each part is distributed evenly by area over that part;

(b) if the notice does not include an apportionment, on the basis that the compensation is distributed evenly by area over the land to which the notice relates.

Payment etc. of amount recoverable

7

(1) An amount recoverable by virtue of paragraph 6 in connection with the development of land is payable to the Welsh Ministers—

(a) as a single capital payment,

(b) as a series of instalments of capital and interest combined, or

(c) as a series of other annual or periodical payments, of the amounts, and payable at the times, that the Welsh Ministers direct.

(2) Before giving a direction under sub-paragraph (1)(c), the Welsh Ministers must take into account any representations made by the person by whom the development is to be carried out.

(3) If the amount payable under sub-paragraph (1) is not paid as a single capital payment, it must be secured by the person by whom the development is to be carried out in the way (whether by mortgage, covenant or otherwise) that the Welsh Ministers direct.

(4) If a person begins development to which paragraph 5 applies in breach of that paragraph, the Welsh Ministers may serve a notice on the person—

(a) specifying the amount they consider to be recoverable under paragraph 6 in respect of the compensation in question, and

(b) requiring the person to pay that amount to the Welsh Ministers within a period specified in the notice.

(5) The period specified in the notice must be at least 3 months beginning with the day after the day on which the notice is served.‍

Recovery of compensation from acquiring authority on compulsory acquisition or sale

8

(1) This paragraph applies where—

(a) an interest in land is compulsorily acquired or is sold to an authority possessing compulsory purchase powers,

(b) a compensation notice is registered in respect of any of the land, whether before or after the completion of the acquisition or sale, and

(c) the compensation specified in the notice is payable in consequence of a change or revocation of an infrastructure consent order that was made before the service of the notice to treat, or the making of the contract, in pursuance of which the acquisition or sale is effected.

(2) The Welsh Ministers are entitled to recover from the acquiring authority an amount equal to the amount of the compensation specified in the compensation notice that is attributable to the land acquired or sold.

(See paragraph 6(7) for provision about calculating the amount of compensation that is attributable to a part of the land to which a compensation notice relates.).

(3) If, immediately after the completion of the acquisition or sale, a person other than the acquiring authority continues to have an interest in the land acquired or sold, the amount that is recoverable under this paragraph does not become payable until that interest either ceases to exist or becomes vested in the acquiring authority.

(4) No amount is recoverable under this paragraph in connection with the acquisition or sale if the Welsh Ministers are satisfied that the interest in question is being acquired for the purposes of the use of the land as an open space.

(5) A power under any enactment to pay a grant in respect of expenditure incurred by the acquiring authority in connection with the acquisition or sale includes the power to pay a grant in respect of any amount recoverable from the authority under this paragraph.

(6) In sub-paragraph (1)(a), “authority possessing compulsory purchase powers” means—

(a) a person who could be or has been authorised to acquire the interest in question compulsorily for the purpose for which the interest is sold, or

(b) a community council on whose behalf a county council or county borough council could be or has been authorised to acquire the interest for that purpose (see section 125 of the Local Government Act 1972 (c. 70)).

(7) In a case where a notice to treat is deemed to be served by virtue of an enactment, the reference in sub-paragraph (1)(c) to the service of the notice to treat is to be read as a reference to the date on which the notice is deemed to be served.

(8) For the purpose of assessment of compensation for the compulsory acquisition of an interest in land where a compensation notice relating to the land is registered under this Schedule, section 12 of the Land Compensation Act 1961 (c. 33) applies subject to any necessary modifications.

Flood and Water Management Act 2010 (c. 29)

9

(1) The rules in section 5 of the Land Compensation Act 1961 (c. 33) have effect for the purpose of assessing any compensation for depreciation that is payable under this Schedule, so far as relevant and with any necessary modifications, as they have effect for the purpose of assessing compensation for the compulsory acquisition of an interest in land.

(2) Where an interest in land is subject to a mortgage—

(a) any compensation for depreciation that is payable under this Schedule in respect of the interest must be assessed as if the interest were not subject to the mortgage;

(b) a claim for compensation for depreciation may be made by any mortgagee of the interest, but that does not affect the right of the person whose interest is subject to the mortgage to make a claim;

(c) no compensation for depreciation is payable in respect of the interest of the mortgagee (as distinct from the interest that is subject to the mortgage);

(d) any compensation for depreciation that is payable in respect of the interest subject to the mortgage must be paid to the mortgagee or, if there is more than one mortgagee, to the first mortgagee; and it must be applied by the mortgagee to whom it is paid as if it were proceeds of sale.

Determination of claims for compensation

10

(1) Any question of disputed compensation‍ under this Schedule is to be referred to and determined by the Upper Tribunal.

(2) Section 4 of the Land Compensation Act 1961 (c. 33) applies to the determination of a question referred under this paragraph as it applies to the determination of a question referred under section 1 of that Act, but as if references to the acquiring authority were references to the Welsh Ministers.

SCHEDULE 3

Harbours Act 1964 (c. 40)

1

(1) The Harbours Act 1964 is amended as follows.

(2) In section 14(1A), after paragraph (b) insert—

(c) section 20(2) of the Infrastructure (Wales) Act 2024 (exclusion of powers to authorise development to the extent that infrastructure consent is required); (d) section 63(8) of that Act (exclusion of power to include ancillary provision in orders).

(3) In section 16(3A), after paragraph (b) insert—

(c) section 20(2) of the Infrastructure (Wales) Act 2024 (exclusion of powers to authorise development to the extent that infrastructure consent is required); (d) section 63(8) of that Act (exclusion of power to include ancillary provision in orders).

Highways Act 1980 (c. 66)

2

(1) The Highways Act 1980 is amended as follows.

(2) In section 10(2A), after “required)” insert “and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required)”.

(3) In section 14(1A), after “required)” insert “and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required)”.

(4) In section 16(3A), after “required)” insert “and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required)”.

(5) In section 18(1A), after “required)” insert “and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required)”.

(6) In section 106(4A), after “required)” insert “and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders or schemes in relation to highways for which infrastructure consent required)”.

(7) In section 108(1A), after “required)” insert “and section 20(3) of the Infrastructure (Wales) Act 2024 (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent required)”.

(8) In section 110(1A), after “required)” insert “and section‍ 20(4) of the Infrastructure (Wales) Act 2024 (exclusion of power to authorise diversion of non-navigable waters in relation to highways for which infrastructure consent required)”.

(9) In section 329(1)—

(a) in the definition of “special road” after “2008” insert “or an infrastructure consent order under the Infrastructure (Wales) Act 2024”;

(b) in the definition of “trunk road” after “2008,” insert “or an infrastructure consent order under the Infrastructure (Wales) Act 2024,”.

(10) In section 337—

(a) omit “or” at the end of paragraph (a);

(b) after paragraph (b) insert—

(c) the carrying out of any development for which infrastructure consent is required under the Infrastructure (Wales) Act 2024 and for which infrastructure consent has not been given under that Act.

Electricity Act 1989 (c. 29)

3

(1) The Electricity Act 1989 is amended as follows.

(2) In section 36—

(a) in subsection (1A), after “required)” insert “and section 20(1) of the Infrastructure (Wales) Act 2024 (exclusion of requirement for other consents for development for which infrastructure consent is required).”;

(b) in subsection (1B), after “2008” insert “and subsection (1) does not apply if the operation is authorised by an infrastructure consent order under the Infrastructure (Wales) Act 2024.”

(3) In section 37(2A)(b), after “planning permission” insert “, infrastructure consent order,”.

Town and Country Planning Act 1990 (c. 8)

4

(1) The TCPA 1990 is amended as follows.

(2) In section 57(1A), after “required)” insert “and section 20(1) of the Infrastructure (Wales) Act 2024 (exclusion of requirement for planning permission etc. for development for which infrastructure consent is required)”.

(3) Omit sections 62D to 62L.

(4) In section 62M(4)(a) omit “, provided that the development to which it relates is not a development of national significance for the purpose of section 62D”.

(5) In section 62P—

(a) in subsection (1), omit “62D,”;

(b) in subsection (2), omit “62D or”.

(6) In section 62Q—

(a) in subsection (1)(a), omit “62D, 62F,”;

(b) in subsection (4)(a)—

(i) omit “section 62D or”;

(ii) for “the section in question” substitute “that section”;

(i) omit “62F or”;

(ii) for “the section in question” substitute “that section”.

(7) In section 62R(1)—

(a) omit “62D,”;

(b) omit “62F,” in both places it occurs.

(8) In section 62S—

(a) omit “developments of national significance and”;

(b) after “Welsh Ministers” insert “under section 62M or 62O”.

(9) In section 70(1)(a), omit “section 62D(5),”.

(10) In section 70A(1)(a), as it applies in relation to Wales, omit “62D, 62F,”.

(11) In section 75A—

(a) in subsection (1)(a), omit “62D,”;

(b) in subsection (2), omit “62D,”;

(12) In section 87, omit subsection (5).

(13) In section 88, omit subsection (11).

(14) In section 211 (preservation of trees in conservation areas)—

(a) in subsection (1A) after “consent” insert “or by infrastructure consent order”;

(b) in subsection (5A) after “consent” insert “or by infrastructure consent order”.

(15) In section 252—

(a) omit subsections (3A), (6B), (6C) and (6D);

(b) in subsection (12), omit the definition of “development of national significance”.

(16) In section 253(2)(aa), omit “62D, 62F,”.

(17) In section 257(4)(c), omit “62D, 62F,”.

(18) In section 284(3), omit paragraphs (aa) and (ab).

(19) In section 303—

(a) in subsection (1B)(a), omit “section 62D (developments of national significance),”;

(b) in subsection (1C)—

(i) omit paragraph (a);

(ii) in paragraph (b), omit “62D, 62F,”.

(20) In section 319B—

(a) in subsection (5A), omit “62D,”;

(b) in subsection (7), omit paragraph (za);

(21) In section 324(1), omit paragraph (bb).

(22) In section 333—

(a) in subsection (3F), omit paragraphs (b) and (c);

(b) in subsection (5C), omit “62L(9),”.

(23) In section 336(1) (interpretation), at the appropriate place, insert—

“infrastructure consent order has the meaning given in section 143 of the Infrastructure (Wales) Act 2024;

(24) In Schedule 1A, in paragraph 8(2A), omit “62D, 62F,”.

(25) In Schedule 4D—

(a) in the Schedule title, omit “DEVELOPMENTS OF NATIONAL SIGNIFICANCE AND”;

(b) omit paragraph 1;

(i) omit “1 or” in both places it occurs;

(ii) omit “or consent” in both places it occurs;

(iii) omit “(as the case may be)”;

(d) in paragraph 4—

(i) omit “1 or” in both places it occurs;

(ii) omit “or consent” in both places it occurs;

(e) in paragraph 7, omit “or consent”;

(f) omit paragraph 8(2);

(g) in paragraph 9—

(i) omit “or consent”;

(ii) omit “paragraph 1 or”;

(h) in paragraph 10—

(i) omit “or consent” in both places it occurs;

(ii) omit “1 or”;

(i) in paragraph 11(1)—

(i) omit “or consent”;

(ii) omit “1 or”;

(j) in paragraph 11(2), omit “1 or”;

(k) in paragraph 12—

(i) omit “or consent”;

(ii) omit “1 or”;

(l) in paragraph 13—

(i) omit “or consent” in each place it occurs;

(ii) omit “1 or” in each place it occurs;

(iii) omit “, as the case may be,”;

(m) in paragraph 14, omit “or consent”.

(26) In Schedule 16, in Part 1, for “62D” substitute “62M”.

Planning (Hazardous Substances) Act 1990 (c. 10)

5

(1) The Planning (Hazardous Substances) Act 1990 is amended as follows.

(2) In section 9(2)(c), after “permission in principle” insert “, infrastructure consent”.

(3) In section 10(1), after “specified planning permission” insert “, infrastructure consent”.

(4) In section 12, after subsection (2B) insert—

(2C) On making an order granting infrastructure consent in respect of development that would involve the presence of a hazardous substance in circumstances requiring hazardous substances consent, the person making the order may direct that hazardous substances consent shall be deemed to be granted, subject to such conditions (if any) as may be specified in the direction.

(5) In section 14(2)(b), after “planning permission”, in each place it appears, insert “, infrastructure consent”.

(6) In section 39, in the appropriate place, insert—

“infrastructure consent has the meaning given in section 143 of the Infrastructure (Wales) Act 2024;

New Roads and Street Works Act 1991 (c. 22)

6

(1) The New Roads and Street and Works Act 1991 is amended as follows.

(2) In section 6(1A), after “required)” insert “and section 20(3) (exclusion of powers to make or confirm orders in relation to highways for which infrastructure consent is required)”.

Transport and Works Act 1992 (c. 42)

7

(1) The Transport and Works Act 1992 is amended as follows.

(2) In section 1(1A) (exclusions relating to orders as to railways, tramways etc.) after paragraph (b) insert—

(c) section 20(2) of the Infrastructure (Wales) Act 2024 (exclusion of powers to authorise development for which infrastructure consent is required); (d) section 63(8) of that Act (exclusion of powers to include ancillary provision in orders).

(3) In section 3(1A) (exclusions relating to orders as to inland waterways etc.) after paragraph (b) insert—

(c) section 20(2) of the Infrastructure (Wales) Act 2024 (exclusion of powers to authorise development for which infrastructure consent is required); (d) section 63(8) of that Act (exclusion of powers to include ancillary provision in orders).

Coal Industry Act 1994 (c. 21)

8

(1) The Coal Industry Act 1994 is amended as follows.

(2) In section 53—

(a) in subsection (1), after “planning permission” insert “or infrastructure consent”;

(b) in subsection (2), after “such an application” insert “for planning permission, or where an examining authority or the Welsh Ministers consider any coal-mining proposals included in such an application for infrastructure consent,”;

(i) in paragraph (a), after “Town and Country Planning Act 1990” insert “, but “development” has the meaning given by section 133 of the Infrastructure (Wales) Act 2024 so far as it relates to coal-mining proposals included in an application for infrastructure consent”;

(ii) after the definition of ““development” and “planning permission””, insert—

“examining authority” has the meaning given by section 40(7) of the Infrastructure (Wales) Act 2024;

“infrastructure consent has the meaning given by section 143 of the Infrastructure (Wales) Act 2024;

Planning and Compulsory Purchase Act 2004 (c. 5)

9

(1) The Planning and Compulsory Purchase Act 2004 is amended as follows.

(2) In section 60(3), for “development of national significance for the purposes of section 62D of the principal Act (development of national significance: applications to be made to Welsh Ministers)” substitute “a significant infrastructure project for the purposes of the Infrastructure (Wales) Act 2024”.

Marine and Coastal Access Act 2009 (c. 23)

10

(1) The Marine and Coastal Access Act 2009 is amended as follows.

(2) In section 58, after subsection (5) insert—

(5A) This section does not apply to a decision on an application for infrastructure consent under the Infrastructure (Wales) Act 2024.

Flood and Water Management Act 2010 (c. 29)

11

(1) The Flood and Water Management Act 2010 is amended as follows.

(2) In Schedule 3, in paragraph 7(3) after “(nationally significant infrastructure projects)” insert “or work requiring infrastructure consent under section 19 of the Infrastructure (Wales) Act 2024.”.

Planning (Wales) Act 2015 (anaw 4)

12

(1) The Planning (Wales) Act 2015 is amended as follows.

(2) In section 1(6), for “to the Welsh Ministers. It makes provision” to the end substitute “either to the Welsh Ministers or a local planning authority”.

(3) Omit sections 19 to 22.

(4) In Schedule 4—

(a) in paragraph 5, omit “section 62D(5)”;

(b) in paragraph 6, omit “62D, 62F,”;

(i) in subsection (1)(a), omit “62D,”;

(ii) in subsection (2), omit “62D,”;

(iii) in subsection (3), omit “62D,”;

(d) omit paragraphs 8 and 9;

(e) in paragraph 13, omit “62D, 62F,”;

(f) in paragraph 14(b), omit “62D, 62F,”;

(g) in paragraph 15(3)(c), omit paragraphs (aa) and (ab) inserted into section 284(3) of the TCPA 1990;

(h) in paragraph 18, in the inserted section 303 of the TCPA 1990—

(i) in subsection (1B)(a), omit “section 62D (developments of national significance),”;

(ii) in subsection (1C), omit paragraph (a) and in paragraph (b), omit “62D, 62F,”;

(i) in paragraph 20—

(i) in sub-paragraph (2), omit “62D,”;

(ii) in sub-paragraph (3), omit paragraph (za) inserted into section 319B(7) of the TCPA 1990;

(iii) in sub-paragraph (4), in subsection (8A) inserted into section 319B of the TCPA 1990, omit “62D,”;

(j) in paragraph 21, omit paragraph (bb) inserted into section 324(1) of the TCPA 1990;

(k) in paragraph 22, in sub-paragraph (2A) inserted into paragraph 8 of Schedule 1A to the TCPA 1990, omit “62D, 62F,”;

(l) in paragraph 23(2), for “62D” substitute “62M”.

Infrastructure Act 2015 (c. 7)

13

(1) The Infrastructure Act 2015 is amended as follows.

(2) In Schedule 6, in paragraph 11(6), after paragraph (a) insert—

(aa) infrastructure consent under the Infrastructure (Wales) Act 2024;

Housing and Planning Act 2016 (c. 22)

14

(1) The Housing and Planning Act 2016 is amended as follows.

(2) In section 205(1), in the definition of “planning consent”—

(a) in paragraph (a), after “Act,” omit “or”;

(b) in paragraph (b), after “2008” insert—

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

Historic Environment (Wales) Act 2023 (asc 3)

15

(1) The Historic Environment (Wales) Act 2023 is amended as follows.

(2) In section 11 (requirement for works to be authorised by scheduled monument consent), after subsection (2) insert—

(3) This section is subject to section 20(1)(c)(i) of the Infrastructure (Wales) Act 2024 (class authorisations and authorisation by scheduled monument consent not required for development to the extent that infrastructure consent required).

(3) In section 58(4) (exception to offence of damaging certain monuments of special historical interest), after paragraph (b) insert—

(c) works for which infrastructure consent has been given under the Infrastructure (Wales) Act 2024.

(4) In section 88 (requirement for works to be authorised by listed building consent: exceptions), after subsection (3) insert—

(4) This section is subject to section 20(1)(c)(ii)of the Infrastructure (Wales) Act 2024 (authorisation by listed building consent not required for development to the extent that infrastructure consent is required).

(5) In section 118(2) (exception to offence of intentionally damaging listed building), after paragraph (e) insert—

(f) anything for which infrastructure consent has been given under the Infrastructure (Wales) Act 2024.

(6) In section 161 (requirement for demolition to be authorised by conservation area consent), after subsection (5) insert—

(6) This section is subject to section 20(1)(c)(iii) of the Infrastructure (Wales) Act 2024 (authorisation by conservation area consent not required for development to the extent that infrastructure consent required).”

Meaning of “significant infrastructure project”

Electricity infrastructure

Liquified natural gas facilities

Gas reception facilities

Hydraulic fracturing for oil and gas and coal gasification

Open cast coal mining

Highways

Railways

Rail freight interchanges

Harbour facilities

Airports

Dams and reservoirs

Transfer of water resources

Waste water treatment plants

Hazardous waste facilities

Radioactive waste geological disposal facilities

Power to add, vary or remove projects

Cross-border projects

Directions specifying development as a significant infrastructure project

Directions specifying that development is not a significant infrastructure project

Directions under section 22 to 24: general provision

Directions under section 22: regulations about procedure

Provision of pre-application services

Obtaining information about interests in land

Notice of proposed application

Pre-application consultation and publicity

Deciding on the validity of an application and notifying the applicant

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Infrastructure (Wales) Act 2024

Injunction to restrain prohibited activity

122

General

Meaning of “relevant planning authority”

123

PART 8 — SUPPLEMENTARY FUNCTIONS

Fees

Fees for performance of infrastructure consent functions and services

124

Right of entry

Powers of entry to survey land

125

Powers of entry to survey land: Crown land

126

Infrastructure policy statements

Infrastructure policy statements

127

Register of applications and pre-application services

Register of applications and pre-application services

128

Statutory consultees

Power to consult and duty to respond to consultation

129

Welsh Ministers’ directions

Directions to public authorities

130

Power to disapply requirements

131

Regulations about Crown applications

Applications by the Crown

132

PART 9 — GENERAL PROVISIONS

Development

Meaning of “development”

133

Crown land

Crown land and “the appropriate Crown authority”

134

Offences

Offences by bodies corporate

135

Giving notices and other documents

Giving notices and other documents

136

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

137

Giving documents to the Crown

138

General

Duties to publish

139

Regulations and orders: restrictions

140

Regulations: procedure

141

Directions: general

142

General interpretation

143

Power to make consequential and transitional provision etc.

144

Consequential amendments and repeals

145

Transitional and saving provision

146

Coming into force

147

Short title

148

SCHEDULE 1

PART 1 — THE MATTERS

1

2

3

4

5

6

7

8