Explanatory note

These Regulations amend the Electricity Works (Environmental Impact Assessment) (England and Wales) Regulations 2017 (“the 2017 Regulations”).

Applications made on or after 1 April 2019 under sections 36 and 36C of the Electricity Act 1989 (“the 1989 Act”) relating to generating stations (or proposed generating stations) in Welsh waters which have or will have a capacity not exceeding 350 megawatts, are to be made to the Welsh Ministers. “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.

These Regulations amend—

• the definition of “relevant authority” to provide that the Welsh Ministers are the relevant authority where an application under section 36 or 36C is made (or to be made) to the Welsh Ministers;

• the meaning of consultation body; and

• regulations 22 and 28 of the 2017 Regulations to insert reference to the Electricity (Offshore Generating Stations) (Variation of Consents) (Wales) Regulations 2019.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, it was not considered necessary to carry out a regulatory impact assessment as to the likely costs and benefits of complying with these Regulations.