Offences
Section 103 – Development without infrastructure consent
271.This section provides that an offence is committed where a person carries out, or causes to be carried out, development which requires infrastructure consent, but at the time, no such consent is in force in respect of the development.
272.A person may be tried in the magistrates’ court or the Crown Court and where found guilty, will be liable to an unlimited fine.
Section 104 – Breach of terms of infrastructure consent order
273.This section provides that an offence is committed if, without a reasonable excuse, a person carries out, or causes to be carried out, development which is in breach of the terms of an infrastructure consent order or fails to comply with the terms of an infrastructure consent order.
274.It is a defence for a person charged with an offence under this section to prove the breach or failure to comply only occurred because of an error in the infrastructure consent order and that the error has been corrected under section 87.
275.A person may be tried in the magistrates’ court or the Crown Court and, where found guilty, will be liable to an unlimited fine.
Section 105 – Time limits
276.This section sets out time limits for bringing charges in relation to the offences created by sections 103 and 104.
Section 106 – Powers to enter land for enforcement purposes
277.This section allows a person authorised by a relevant planning authority or the Welsh Ministers to enter land for the purposes of assessing whether an offence under section 103 or section 104 is being or has been committed. This power may be exercised at any reasonable time and only if there are reasonable grounds for entering the land for the purpose in question.
278.Where a person is authorised to enter land, they must produce evidence of their authorisation to do so and the purpose of entry (if requested) and may take on to the land any other persons considered necessary. They must also leave the land effectively secured against trespassers if they leave when no owner or occupier is present.
279.This section also specifies a person authorised to enter land may not demand entry to a building which is used as a dwelling unless 24 hours’ notice of the intended entry is given to every occupier of the building.
Section 107 – Warrant to enter land
280.This section provides that a justice of peace may issue a warrant conferring a power to enter land if the justice of the peace is satisfied that there are reasonable grounds for entering land to assess whether an offence under section 103 or 104 is being, or has been, committed on or in respect of the land and that admission to the land has been refused or is reasonably expected to be refused, or the case is one of urgency.
281.An admission to land is to be treated as a refusal if no reply is received to a request for admission within a reasonable period.
282.Where a warrant is issued under this section, it can only confer a power to enter land on one occasion and at a reasonable time, unless the case is one of urgency. The warrant will cease to have effect 1 month from the day it is issued.
283.Where a person is authorised to enter land, they must produce evidence of their authorisation to do so and the purpose of entry, if requested and may take on to the land any other persons considered necessary. They must also leave the land effectively secured against trespassers if they leave when no owner or occupier is present.
Section 108 – Rights of entry: supplementary provisions
284.This section creates an offence where a person intentionally obstructs a person exercising a power of entry under section 106 or 107. A person may be tried in the magistrates’ court and, where found guilty, will be liable to an unlimited fine.
285.This section also provides that if damage is caused to land or other property in the exercise of the power to enter land, the person suffering the damage may recover compensation from the planning authority who authorised entry, or the Welsh Ministers if they authorised entry.
286.A claim for compensation under this section must be made in writing within 12 months beginning with the day the damage was caused or the last day damage was caused if it was over a period of more than 1 day. Any disputes about compensation must be referred to and determined by the Upper Tribunal in accordance with section 4 of the Land Compensation Act 1961.
Section 109 – Rights of entry: Crown land
287.This section provides that the power to enter land with or without a warrant under sections 106 and 107 does not apply to Crown land.
Section 110 – Marine enforcement powers
288.This section amends the Marine and Coastal Access Act 2009 (“
289.New section 243A provides the Welsh Ministers with a power to appoint persons for the purposes of enforcing the Infrastructure (Wales) Act 2024 in Wales and in the Welsh inshore region (and in relation to any vessel, aircraft or marine structure in this region, with the exception of any British warship).
290.The power gives the Welsh Ministers a wide discretion in who they appoint and gives a person appointed under this section the power under section 263 of the 2009 Act (power to require information relating to substances and objects) as well as the common enforcement powers set out in Chapter 2 of Part 8 of the 2009 Act (common enforcement powers) which include:
powers of entry, search and seizure,
powers to record evidence of offences and to require names and addresses,
powers to require the production of licences,
powers to require attendance of certain persons,
powers to direct vessels or marine installations to port,
powers relating to assisting enforcement officers, and
powers to use reasonable force.