Infrastructure (Wales) Act 2024 (asc3)

PART 1 E+W SIGNIFICANT INFRASTRUCTURE PROJECTS

Transport E+W

10 Harbour facilities E+W

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

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

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

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

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

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

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

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

(3) “The relevant quantity” is—

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

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

(c) in the case of facilities for cargo ships of any other description, 500,000 tonnes;

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

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

(5) The relevant fractions are—

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

Figure 1

where x is the number of TEU that the facilities are capable of handling;

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

Figure 2

where y is the number of units that the facilities are capable of handling;

(c) to the extent that the facilities are for cargo ships of any other description—

Figure 3

where z is the number of tonnes of material that the facilities are capable of handling.

(6) In this section—

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

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

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

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

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

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

Commencement Information

I1 S. 10 in force at 4.6.2024, see s. 147(1)(a)