Section 36 Consent required for construction etc. of generating stations.C1C2C3C4C5C6C7C8C9

Subject to subsections F1(1A) to (2) and (4) below, a generating station shall not be constructed F2at a relevant place (within the meaning of section 4), and a generating station at such a place shall not be, extended or operated except in accordance with a consent granted by the F3appropriate authority.

So far as relating to the construction or extension of a generating station, subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required) F5and section 20(1) of the Infrastructure (Wales) Act 2024 (exclusion of requirement for other consents for development for which infrastructure consent is required).

Subsection (1) does not apply to the construction or extension of a generating station in England if the construction or extension constitutes development specified in a direction under section 35B(1) of the Planning Act 2008 (direction disapplying requirement for development consent).

So far as relating to the operation of a generating station, subsection (1) does not apply if the operation is authorised by an order granting development consent under the Planning Act 2008 F7and subsection (1) does not apply if the operation is authorised by an infrastructure consent order under the Infrastructure (Wales) Act 2024.

This section is subject to section 12 of the Marine and Coastal Access Act 2009 (which transfers certain functions of the Secretary of State to the Marine Management Organisation).

Subsection (1) does not apply to an English or Welsh onshore wind generating station.

“English or Welsh onshore wind generating station” means a generating station that—

Subsection (1) above shall not apply to a generating station whose capacity—

and an order under this subsection may make different provision for generating stations of different classes or descriptions.

The F14appropriate authority may by order provide that subsection (2) above shall have effect as if for the permitted capacity mentioned in paragraph (a) there were substituted such other capacity as may be specified in the order.

The F15appropriate authority may by order direct that subsection (1) above shall not apply to generating stations of a particular class or description, either generally or for such purposes as may be specified in the order.

F16Subject to subsections (5A) and (5B), A consent under this section—

In the case of a generating station in respect of which a controlled activity, within the meaning of F19the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209), will be carried on, the F20Scottish Ministers shall, before granting a consent under subsection (1), obtain and have regard to the advice of the Scottish Environment Protection Agency on matters relating to the protection of the water environment and have regard to the purposes of Part 1 of the Water Environment and Water Services (Scotland) Act 2003.

If regulations under paragraph 7B of Schedule 8 specify a time by which the Scottish Environment Protection Agency must give advice under subsection (5A), the duty on the Scottish Ministers to have regard to the advice does not apply in relation to any advice given after the time specified.

In the event that the conditions of a consent granted under subsection (1) on matters relating to the protection of the water environment, and the conditions of an authorisation granted under F22the Water Environment (Controlled Activities) (Scotland) Regulations 2011 (S.S.I. 2011/209) differ, and cannot reasonably be reconciled, the relevant conditions of that consent shall be treated as modified to the extent necessary to be consistent with the conditions of that authorisation.

Any person who without reasonable excuse contravenes the provisions of this section shall be liable on summary conviction to a fine not exceeding level 5 on the standard scale.

No proceedings shall be instituted in England and Wales in respect of an offence under this section except by or on behalf of

The provisions of Schedule 8 to this Act (which relate to consents under this section and section 37 below) shall have effect.

The Welsh Ministers may by regulations make provision about the grant of consents under section 36 in relation to generating stations in respect of which they are the appropriate authority, including in particular provision about—

the making and withdrawal of applications;

fees;

publicity and consultation requirements;

rights to make representations;

public inquiries;

consideration of applications.

The Welsh Ministers may by regulations make provision for applications in respect of which they are the appropriate authority to be determined by a person appointed by them for that purpose.

In this Part “extension”, in relation to a generating station, includes the use by the person operating the station of any land F25or area of waters (wherever situated) for a purpose directly related to the generation of electricity by that station and “extend” shall be construed accordingly.

In this section "appropriate authority” means—

In this section—

• "Scotland” has the same meaning as in section 32(2) (see section 32(3));

• "Welsh waters” means so much of the internal waters and territorial sea of the United Kingdom as are adjacent to Wales, and the Welsh zone;

• "Welsh zone” has the meaning given in section 158 of the Government of Wales Act 2006.

In subsection (1AA) “England” does not include waters in England (nor waters adjacent to England).