Infrastructure (Wales) Act 2024

124 Fees for performance of infrastructure consent functions and services

(1) Regulations may make provision for or in connection with the charging of fees by—

(a) a specified public authority for performing an infrastructure consent function;

(b) a specified public authority for the provision of an infrastructure consent service.

(2) “Infrastructure consent function” means a function conferred by, under or by virtue of this Act.

(3) “Infrastructure consent service” means any advice, information or other assistance (including a response to a consultation or participating in the examination of an application by making a written submission, attending or giving evidence at a hearing or attending or giving evidence to a local inquiry) provided in connection with—

(a) an application or proposed application—

(i) for an infrastructure consent, or

(ii) to make a change to, or revoke, an infrastructure consent order, or

(b) any other specified matter relating to significant infrastructure projects.

(4) Regulations under subsection (1) may, among other things, make provision about—

(a) when a fee (including a supplementary fee) may, and may not, be charged;

(b) the amount that may be charged (including provision specifying the amount or provision conferring a power to specify the amount);

(c) what may, and may not, be taken into account in calculating the amount charged;

(d) who is liable to pay a fee charged;

(e) to whom fees are to be paid;

(f) when a fee charged is payable;

(g) the recovery of fees charged;

(h) waiver, reduction or repayment of fees;

(i) the effect of paying or failing to pay fees charged (including provision permitting a public authority specified under subsection (1) to not do something the authority would otherwise be required to do under an enactment until any outstanding fees for doing it are paid);

(j) the transfer of fees payable to one person to another person;

(k) the supply or publication of information for any purpose of the regulations.

(5) Regulations under subsection (1) may confer a function, including a function involving the exercise of a discretion, on any person.

(6) Regulations under subsection (1)(a) may provide for the amounts of fees to be calculated by reference to costs incurred—

(a) in the performance of any infrastructure consent function, and

(b) in doing anything that is calculated to facilitate, or is conducive or incidental to, the performance of any infrastructure consent function.

(7) In this section, “specified” means specified in regulations.