PART 1SIGNIFICANT INFRASTRUCTURE PROJECTS
Transport
8Railways
(1)
The construction of a railway is a significant infrastructure project if—
(a)
the railway will (when constructed) start, end and remain in Wales,
(b)
the railway will (when constructed) be part of a network operated by an approved operator,
(c)
the railway will (when constructed) include a stretch of track that is a continuous length of more than 2 kilometres, and
(d)
the construction of the railway is not permitted development.
(2)
The alteration of a railway is a significant infrastructure project if—
(a)
the part of the railway to be altered is part of a railway that starts, ends and remains in Wales,
(b)
the railway is part of a network operated by an approved operator,
(c)
the alteration of the railway will include laying a stretch of track that is a continuous length of more than 2 kilometres, and
(d)
the construction of the railway is not permitted development.
(3)
This section does not apply to construction or alteration of a railway to the extent that the railway forms part (or will when constructed form part) of a rail freight interchange.
(4)
In this section—
“approved operator” (“gweithredwr a gymeradwywyd”) means—
(a)
a person who is authorised to be the operator of a network by a licence granted under section 8 of the Railways Act 1993 (c. 43) (licences for operation of railway assets), or
(b)
a wholly-owned subsidiary of a company that is such a person;
“network” (“rhwydwaith”) has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);
“permitted development” (“datblygu a ganiateir”) means development in relation to which planning permission is granted by article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) (as it has effect from time to time);
“wholly-owned subsidiary” (“is-gwmni o dan berchnogaeth lwyr”) has the same meaning as in the Companies Act 2006 (c. 46) (see section 1159 of that Act).