(1)Where this Act imposes a duty to publish something, it must be published electronically.
(2)The duty to publish electronically is, where the person has a website, a duty to publish on that website.
(3)Nothing in this section prevents the person subject to the duty from publishing in another way as well as publishing electronically.
(1)Subsection (2) applies to—
(a)regulations under section 30, section 34, section 35, section 48(6), section 63(5), section 91(3), section 124 and section 129;
(b)infrastructure consent orders and orders under section 90.
(2)Regulations and orders—
(a)may include provision that would require the consent of the appropriate Minister under paragraph 8(1)(a) or (c), 10 or 11 of Schedule 7B to the Government of Wales Act 2006 (c. 32) if the provision were included in an Act of Senedd Cymru;
(b)may include provision that would require consultation of the appropriate Minister under paragraph 11(2) of Schedule 7B to that Act if the provision were included in an Act of Senedd Cymru.
(3)Regulations and orders under this Act, except regulations and orders to which subsection (2) applies in so far as they make provision authorised by subsection (2)—
(a)may not include provision that would require the consent of the appropriate Minister under paragraph 8, 10 or 11 of Schedule 7B to the Government of Wales Act 2006 if the provision were included in an Act of Senedd Cymru;
(b)may not include provision that would require consultation of the appropriate Minister under paragraph 11(2) or (2A) of Schedule 7B to that Act if the provision were included in an Act of Senedd Cymru.
(4)In this section, “appropriate Minister” has the meaning given by paragraph 8(5) of Schedule 7B to the Government of Wales Act 2006.
(1)A power to make regulations under this Act is to be exercised by statutory instrument.
(2)A power to make regulations under this Act includes power to make—
(a)different provision for different purposes or different areas;
(b)incidental, supplementary, consequential, transitional or saving provision.
(3)A statutory instrument to which this subsection applies may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, Senedd Cymru.
(4)Subsection (3) applies to a statutory instrument containing regulations under any of the following provisions—
(a)section 17;
(b)section 21;
(c)section 22(2)(c);
(d)section 55(1)
(e)section 58(3);
(f)section 59(6);
(g)section 63(5);
(h)section 124;
(i)section 130;
(j)section 131;
(k)section 132;
(l)section 144, but only where the regulations amend, repeal or otherwise modify a provision of an Act of Parliament or an Act or Measure of Senedd Cymru;
(m)paragraph 2(1) of Schedule 2.
(5)A statutory instrument containing regulations made by the Welsh Ministers under this Act to which subsection (4) does not apply is subject to annulment in pursuance of a resolution of Senedd Cymru.
A direction given under or by virtue of this Act must be in writing.
(1)In this Act—
“airport” (“maes awyr”) has the meaning given by section 82(1) of the Airports Act 1986 (c. 31);
“alteration” (“addasu”), in relation to an airport, must be read in accordance with section 11(4);
“alteration” (“addasu”), in relation to a highway, includes stopping up the highway or diverting, improving, raising or lowering it;
“building” (“adeilad”) has the meaning given by section 336(1) of TCPA 1990;
“construction” (“adeiladu”), in relation to so much of a generating station as comprises or is to comprise renewable energy installations, has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (c. 20) (see section 104 of that Act) (and related expressions must be read accordingly); and in this definition “renewable energy installation” has the same meaning as in Chapter 2 of Part 2 of the Energy Act 2004 (see section 104 of that Act);
“Crown land” (“tir y Goron”) has the meaning given by section 134;
“development” (“datblygiad”) has the meaning given by section 133;
“devolved Welsh authority” (“awdurdod Cymreig datganoledig”) has the meaning given by section 157A of the Government of Wales Act 2006 (c. 32);
“electric line” (“llinell drydan”) has the same meaning as in Part 1 of the Electricity Act 1989 (c. 29) (see section 64(1) of that Act);
“enactment” (“deddfiad”) includes any enactment whenever passed or made;
“examining authority” (“awdurdod archwilio”) has the meaning given by section 40(7);
“extension” (“estyniad”), in relation to a generating station, has the meaning given by section 36(9) of the Electricity Act 1989 (and “extend” must be read accordingly);
“gas” (“nwy”) includes natural gas;
“generating station” (“gorsaf gynhyrchu”) has the same meaning as in Part 1 of the Electricity Act 1989 (see section 64(1) of that Act);
“goods” (“nwyddau”) has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);
“harbour” (“harbwr”) and “harbour authority” (“awdurdod harbwr”) have the meanings given by section 57(1) of the Harbours Act 1964 (c. 40);
“highway” (“priffordd”) has the meaning given by section 328 of the Highways Act 1980;
“highway authority”(“awdurdod priffyrdd”) has the same meaning as in the Highways Act 1980 (c. 66) (see sections 1 to 3 of that Act);
“improvement” (“gwella”), in relation to a highway, has the meaning given by section 329(1) of the Highways Act 1980;
“infrastructure consent” (“cydsyniad seilwaith”) means the consent required by section 19;
“infrastructure consent order” (“gorchymyn cydsyniad seilwaith”) means an order made under this Act granting infrastructure consent;
“infrastructure policy statement”(“datganiad polisi seilwaith”) has the meaning given by section 127(2);
“land” (“tir”) includes buildings, monuments and land covered with waters (including the sea bed); and in relation to Part 6 (infrastructure consent orders) must be read in accordance with section 102;
“LNG facility” (“cyfleuster LNG”) must be read in accordance with section 3;
“local impact report” (“adroddiad ar yr effaith leol”) has the meaning given by section 36(4);
“marine impact report” (“adroddiad effaith ar y môr”) has the meaning given by section 37(4);
“minerals” (“mwynau”) includes all substances ordinarily worked for removal (including in the sea);
“monument” (“heneb”) has the same meaning as in the Historic Environment (Wales) Act 2023 (asc. 3) (see section 2 of that Act);
“natural gas” (“nwy naturiol”) means any gas derived from natural strata (including gas originating outside the United Kingdom);
“planning authority” (“awdurdod cynllunio”) means a local planning authority within the meaning given by Part 1 of the TCPA 1990 for an area in Wales;
“planning permission” (“caniatâd cynllunio”) means permission under Part 3 of TCPA 1990;
“pre-application services” (“gwasanaethau cyn gwneud cais”) is to be interpreted in accordance with section 27(2);
“public authority” (“awdurdod cyhoeddus”) means any person who has any function of a public nature;
“rail freight interchange” (“cyfnewidfa nwyddau rheilffordd”) means a facility for the transfer of goods between railway and road, or between railway and another form of transport;
“railway” (“rheilffordd”) has the meaning given by section 67(1) of the Transport and Works Act 1992 (c. 42);
“regulations” (“rheolidau”) means regulations made by the Welsh Ministers;
“section 20 consent” (“cydsyniad adran 20”) means a permission, authorisation, consent, order, or scheme mentioned in section 20 (effect of requirement for infrastructure consent on other consenting regimes)”;
“significant infrastructure project” (“prosiect seilwaith arwyddocaol”) has the meaning given by Part 1;
“special road” (“ffordd arbennig”) means a highway which is a special road in accordance with section 16 of the Highways Act 1980 (c. 66) or by virtue of an infrastructure consent order;
“special Senedd procedure” (“gweithdrefn arbennig y Senedd”) means the procedure specified in the standing orders of Senedd Cymru for subordinate legislation that is subject to special Senedd procedure;
“standard” (“safonol”), in relation to a volume of gas, means the volume of gas at a pressure of 101.325 kiloPascals and a temperature of 273 Kelvin;
“TCPA 1990” (“DCGTh 1990”) means the Town and Country Planning Act 1990 (c. 8);
“trunk road” (“cefnffordd”) means a highway which is a trunk road by virtue of—
section 10(1) or 19 of the Highways Act 1980,
an order or direction under section 10 of that Act, or
an infrastructure consent order,
or under any other enactment;
“use” (“defnyddio”) has the meaning given by section 336(1) of TCPA 1990;
“Wales” (“Cymru”) means the combined area of the counties and county boroughs in Wales (see Parts 1 and 2 of Schedule 4 to the Local Government Act 1972 (c. 70));
“Welsh marine area” (“ardal forol Cymru”) means the sea adjacent to Wales out as far as the seaward boundary of the territorial sea; and the question of which parts of the sea are adjacent to Wales is to be determined in accordance with article 6 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672).
(2)A reference in this Act to a right over land includes—
(a)a reference to a right to do, or to place and maintain, anything in, on or under land or in the space above its surface;
(b)a reference to a restrictive covenant.
(3)A reference in this Act to the acquisition of land, as it applies to a right over land, and a reference to the acquisition of a right over land includes—
(a)acquiring the right by the creation of a new right as well as by the acquisition of an existing one;
(b)the imposition of a restrictive covenant.
(4)A reference in this Act to the sea includes the bed and subsoil of the sea.
(1)If the Welsh Ministers consider it appropriate for the purposes of, in consequence of, or for giving full effect to any provision of this Act, they may, by regulations, make—
(a)supplementary, incidental or consequential provision;
(b)transitional or saving provision.
(2)Regulations under subsection (1) may amend, modify, repeal or revoke any enactment (including an enactment contained in this Act).
Schedule 3 makes provision in consequence of this Act.
(1)Sections 19 and 20 have no effect in relation to a development if the conditions in subsections (2) and (3) apply.
(2)The first condition is that—
(a)an application for a section 20 consent in relation to the development was made before the coming into force of sections 19 and 20 and the application has not been withdrawn,
(b)a notification under section 62E(1) of the TCPA 1990 of a proposed application in relation to the development was made before the coming into force of sections 19 and 20 and the notification has not been withdrawn, or
(c)on the coming into force of sections 19 and 20, the making or confirmation of an order or scheme mentioned in subsection (2) or (3) of section 20 in relation to the development is under consideration by the Welsh Ministers, other than in response to an application.
(3)The second condition is that—
(a)the question of whether to grant or make the section 20 consent is under consideration, where the transition period has not ended,
(b)where subsection (2)(b) applies and the transition period has not ended—
(i)the first 12 months of the transition period has not ended without an application for planning permission being made in relation to the development, or
(ii)an application is made during the first 12 months of the transition period and the question of whether to grant planning permission is under consideration;
(c)the section 20 consent is granted or made before the end of the transition period.
(4)In subsection (3), the “transition period” means the period of 24 months beginning with the day sections 19 and 20 come into force.
(5)The Welsh Ministers may, in relation to a development, direct that—
(a)a different transition period applies for the purposes of subsection (3)(a), (b) or (c), or
(b)a period other than 12 months applies for the purposes of paragraph (b) of that subsection.
(6)Regulations may make provision for the purposes of subsection (2) or (3) about—
(a)when an application or notification is to be treated as made;
(b)what under consideration means.
(7)If a section 20 consent (“the original consent”) has effect (whether by virtue of subsection (1) or otherwise), nothing in section 20 prevents the original consent, or a section 20 consent that replaces it, from being varied or replaced.
(8)If the original consent, or a section 20 consent that replaces it, is varied or replaced, section 19 does not apply to the development to which the consent as varied, or the replacement consent, relates (and so infrastructure consent is not required for that development).
(9)A section 20 consent replaces an earlier section 20 consent for the purposes of this section if (but only if)—
(a)it is granted or made on an application for consent for development without complying with conditions subject to which the earlier section 20 consent was granted or made, and
(b)it is granted subject to, or made on, different conditions or unconditionally.
(10)The provisions of the TCPA 1990 have effect as if the amendments made to that Act by paragraph 4 of Schedule 3 had not been made in so far as the provisions of the TCPA 1990 relate to a development to which sections 19 and 20 do not apply by virtue of this section.
(1)The following provisions of this Act come into force on the day after the day on which this Act receives Royal Assent—
(a)Part 1;
(b)the provisions of Parts 2 to 8 that—
(i)confer power to make regulations, or
(ii)make provision about what is (or is not) permitted to be done in the exercise of a power to make regulations;
(c)this Part, except section 145.
(2)The other provisions of this Act come into force on a day appointed by the Welsh Ministers in an order made by statutory instrument.
(3)An order under subsection (2) may—
(a)appoint different days for different purposes;
(b)make transitory, transitional or saving provision in connection with the coming into force of a provision brought into force by the order.
The short title of this Act is the Infrastructure (Wales) Act 2024.