The Electricity (Offshore Generating Stations) (Applications for Consent) (Wales) Regulations 2019

Interpretation

2.—(1) In these Regulations—

“the 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 1990(1);

“application” (“cais”) means an application to the Welsh Ministers for consent under section 36(2) to construct, extend or operate a generating station(3), together with any application under section 36A(4) for a declaration relating to rights of navigation which is made with the application under section 36;

“local planning authority” (“awdurdod cynllunio lleol”) has the same meaning as in Part 1 of the 1990 Act;

“relevant planning authority” (“awdurdod cynllunio perthnasol”) means in relation to land in Wales, a local planning authority;

“section 90 development” (“datblygiad adran 90”) means any development in respect of which an applicant on making an application requests the Welsh Ministers to give a direction under section 90(2) or (2ZA) of the 1990 Act(5) (deemed planning permission for development with government authorisation).

(2) Unless otherwise stated, any reference in these Regulations to a numbered section is a reference to that section of the Electricity Act 1989.

(1)

1990 c. 8.

(2)

Section 36 was amended by section 93 of the Energy Act 2004 (c. 20) (“the 2004 Act”), paragraphs 31 and 32 of Schedule 2 to the Planning Act 2008 (c. 29), section 12(7) and (8) of the Marine and Coastal Access Act 2009 (c. 23) (“the 2009 Act”), section 78 of the Energy Act 2016 (c. 20) and section 39(7) to (11) of, and paragraph 47 of Schedule 6 to, the 2017 Act. Other amendments are not relevant to these Regulations.

(3)

See section 64(1) of the Electricity Act 1989 (“the 1989 Act”) for the interpretation of “generating station”.

(4)

Section 36A was inserted into the 1989 Act by section 99(1) of the 2004 Act and was amended by section 12(7) and (8) of the 2009 Act and section 40(1) to (5) of the 2017 Act.

(5)

Section 90(2) and (2ZA) were substituted by section 21(2) of the Growth and Infrastructure Act 2013 (c. 27) and were amended by section 39(13) of the 2017 Act.