Infrastructure (Wales) Act 2024

Changing or revoking an infrastructure consent order: compensation

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.