Infrastructure (Wales) Act 2024

34 Notice of accepted applications and publicity E+W

(1) This section‍ applies where the Welsh Ministers accept an application for infrastructure consent as a valid application.

(2) The Welsh Ministers must give notice of the application—

(a) in the case of an application for development in Wales—

(i) to‍ each planning authority for an area in which the proposed development is located;‍

(ii) if the proposed development is located in an area for which there is a community council, to the community council;

(iii) to each Member of the Senedd representing an area in which the proposed development is situated;

(iv) to each Member of the House of Commons representing an area in which the proposed development is situated;

(b) in the case of an application for development in the Welsh marine area—

(i) to Natural Resources Wales;

(ii) to‍ each planning authority and community council they consider appropriate;

(iii) to each Member of the Senedd and Member of the House of Commons they consider appropriate;

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

(3) The Welsh Ministers must publicise the application in the way specified in regulations.

(4) The Welsh Ministers must—

(a) specify in any notice or publicity under this section, and

(b) in any direction under subsection (10), require the applicant to specify in any notice or publicity required by the direction,

a deadline by which the Welsh Ministers must receive representations on the application.

(5) The deadline must be after the end of the minimum representation period specified in regulations.

(6) The Welsh Ministers must make available to the examining authority any representations they receive within the deadline specified in the publicity.

(7) The Welsh Ministers may—

(a) extend the deadline before it expires;

(b) extend the deadline more than once.

(8) Where the Welsh Ministers extend the deadlin‍e in respect of the application, they must—

(a) give a further notice under subsection 34(2) to the same persons,

(b) undertake further publicity under subsection (3), and

(c) if a direction was given under subsection (10), give a further direction under subsection (10) requiring the applicant to—

(i) give a further notice to the same persons, and

(ii) undertake further publicity in the same way.

(9) The Welsh Ministers must—

(a) specify in any further notice or further publicity, and

(b) in any further direction, require the applicant to specify in any further notice or further publicity,

the reasons for extending the deadline.

(10) The Welsh Ministers may direct the applicant to—

(a) notify a person or‍ person of a description specified in the direction of the application;

(b) publicise the application in the way specified in the direction.

(11) The duties in subsections (2) and (3) do not require the Welsh Ministers to do anything an applicant is required to do by a direction under subsection (10).

Commencement Information

I1 S. 34 in force at 4.6.2024 for specified purposes, see s. 147(1)(b)