Regulation 2 InterpretationI1

In these Regulations—

• “the Act” (“y Ddeddf”) means the Electricity Act 1989;

• “the 1990 Act” (“Deddf 1990”) means the Town and Country Planning Act 1990 M1;

• “the EIA Regulations” (“y Rheoliadau AEA”) means the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017 M2;

• “applicant” (“ceisydd”) means a person who has the benefit of a section 36 consent and makes a variation application in respect of it;

• “development” (“datblygiad”) has the meaning given in section 55 of the 1990 Act M3 (meaning of “development” and “new development”);

• “generating station” (“gorsaf gynhyrchu”) includes a proposed generating station M4;

• F1“infrastructure consent development” (“datblygiad cydsyniad seilwaith”) means any development associated with the relevant section 36 consent in respect of which—

  1. (a)

     an order under section 60(1) or 90(1) of the Infrastructure (Wales) Act 2024 has been granted; or

  2. (b)

     the applicant, on making a variation application, is making an application for consent under the provisions of the Infrastructure (Wales) Act 2024;

• “proposed development” (“datblygiad arfaethedig”) means—

  1. (a)

     the generating station, or extension of a generating station, which the applicant would be authorised to construct under a relevant section 36 consent if that consent were varied as requested in a variation application;

  2. (b)

     the way in which a generating station so constructed or extended would be authorised to be operated under the relevant section 36 consent as so varied; F2...

  3. (c)

     any section 90 development in respect of which section 36 consent is not required; F3; and

  4. (d)

     any infrastructure consent development in respect for which section 36 consent is not required;

• “relevant planning authority” (“awdurdod cynllunio perthnasol”) means in the case of a variation application, or a request for a section 90 direction which accompanies the variation application, any of the following bodies—

  1. (a)

     a local planning authority (within the meaning of Part 1 of the 1990 Act (local planning authorities: general)) in England and Wales;

  2. (b)

     F4a district council in Northern Ireland,

  which are identified by the applicant under regulation 3(1)(e) or by the Welsh Ministers under regulation 4(7);

• “relevant section 36 consent” (“cydsyniad adran 36 perthnasol”) means the section 36 consent in respect of which a variation application is made;

• “section 36 consent” (“cydsyniad adran 36”) means a consent under section 36 of the Act M5 (consent required for construction etc. of generating stations) including any variations to that consent made under section 36C(4) of the Act which relates to a generating station in Welsh waters (within the meaning of section 36 of the Act) that does not or will not when constructed or extended exceed 350 megawatts;

• “section 90 development” (“datblygiad adran 90”) means any development in respect of which—

  1. (a)

     a section 90 direction was given on granting the relevant section 36 consent; or

  2. (b)

     the applicant, on making a variation application, requests the Welsh Ministers to give a section 90 direction;

• “section 90 direction” (“cyfarwyddyd adran 90”) means a direction under section 90(2) or (2ZA) of the 1990 Act M6 (deemed planning permission for development with government authorisation);

• “variation application” (“cais amrywio”) means an application to the Welsh Ministers to vary a section 36 consent made under section 36C(1) of the Act.