Infrastructure (Wales) Act 2024

(introduced by section 63)

SCHEDULE 1 PROVISION RELATING TO, OR TO MATTERS ANCILLARY TO, DEVELOPMENT

PART 1 THE MATTERS

1 The acquisition of land, compulsorily or by agreement.

2 The creation, suspension or extinguishment of, or interference with, interests in or rights over land (including navigation over water), compulsorily or by agreement.

3 The abrogation or modification of agreements relating to land.

4 Carrying out specified excavation, mining, quarrying or boring operations in a specified area.

5 The operation of a generating station.

6 Keeping electric lines installed above ground.

7 The protection of the property or interests of any person.

8 The imposition or exclusion of obligations or liability in respect of acts or omissions.

9 Carrying out surveys or taking soil samples.

10 Cutting down, uprooting, topping or lopping trees or shrubs or cutting back their roots.

11 The removal, disposal or re-siting of apparatus.

12 Carrying out civil engineering or other works.

13 The diversion of navigable or non-navigable watercourses.

14 The stopping up or diversion of highways.

15 Charging tolls, fares (including penalty fares) and other charges.

16 The designation of a highway as a trunk road or special road.

17 The specification of the classes of traffic authorised to use a highway.

18 The appropriation of a highway for which the person proposing to construct or improve a highway is the highway authority.

19 The transfer to the person proposing to construct or improve a highway of a highway for which that person is not the highway authority.

20 The specification of the highway authority for a highway.

21 The operation and maintenance of a transport system.

22 Entering into an agreement for the provision of police services.

23 The discharge of water into inland waters or underground strata.

24 Deeming a marine licence under Part 4 of the Marine and Coastal Access Act 2009 (c. 23) to have been given by the Welsh Ministers for activities specified in the order and subject to such conditions as may be specified in the order.

25 Deeming any such conditions to have been attached to the marine licence by the Welsh Ministers under that Part.

26 The creation of a harbour authority.

27 Changing the powers and duties of a harbour authority.

28 The making of byelaws by any person and their enforcement.

29 (1) The creation of offences within sub-paragraph (2) in connection with—

(a) non-payment of tolls, fares or other charges,

(b) a person’s failure to give the person’s name or address in accordance with provision relating to penalty fares,

(c) enforcement of byelaws, or

(d) construction, improvement, maintenance or management of a harbour.

(2) An offence is within this sub-paragraph if—

(a) it is triable only summarily,

(b) a person guilty of the offence is not liable to imprisonment, and

(c) any fine to which a person guilty of the offence may be liable cannot be higher than level 3 on the standard scale.

30 The transfer of property, rights, liabilities or functions.

31 The transfer, leasing, suspension, discontinuance and revival of undertakings.

32 The payment of contributions.

33 The payment of compensation.

34 The submission of disputes to arbitration.

35 The alteration of borrowing limits.

PART 2 INTERPRETATION

36 (1) This paragraph applies for the purposes of this Schedule.

(2) “Transport system” means any of the following—

(a) a railway;

(b) a tramway;

(c) a trolley vehicle system;

(d) a system using a mode of guided transport prescribed by order under section 2 of the Transport and Works Act 1992 (c. 42).

(3) “Maintenance”, in relation to a transport system, includes the inspection, repair, adjustment, alteration, removal, reconstruction or replacement of the system.

(4) The following terms have the meanings given by section 67(1) (interpretation) of the Transport and Works Act 1992 (c. 42)—

• “guided transport” (“trafnidiaeth gyfeiriedig”);

• “tramway” (“tramffordd”);

• “trolley vehicle system” (“system cerbydau troli”).