Infrastructure (Wales) Act 2024 Explanatory Notes

Paragraph 1 – Changing or revoking an infrastructure consent order: compensation

381.Where an infrastructure consent order is changed or revoked by the Welsh Ministers without an application being made, this paragraph gives a right to compensation for certain losses to persons with an interest in land to which the infrastructure consent order relates, persons with an interest in minerals on such land or persons for whose benefit the infrastructure consent order has effect.

382.On making a claim to the Welsh Ministers, those persons are entitled to be paid compensation by the Welsh Ministers for any expenditure that has been incurred in carrying out work (including certain preparatory work described in sub-paragraph (4)) which is rendered abortive by the change to, or the revocation of, the infrastructure consent order.

383.Those persons are also entitled, on making a claim, to be paid compensation by the Welsh Ministers for any other loss or damage which is directly attributable to the change or revocation.

384.Sub-paragraph (5) specifies that compensation is not payable in respect of certain works and losses.

385.The Welsh Ministers may make regulations about the timeframe and the process for making a claim for compensation under this paragraph.

Back to top