Explanatory note

The Infrastructure (Wales) Act 2024 (“the 2024 Act”) establishes a unified application and consenting process to enable making and consideration of applications for infrastructure consent. The process applies to the significant infrastructure projects that are specified in Part 1 of the 2024 Act. Broadly, they are energy, transport, waste and water projects.

Part 2 of the 2024 Act contains the requirement for infrastructure consent. Part 3 of the 2024 Act makes provision about applying for infrastructure consent.

Part 4 of the 2024 Act contains provision about appointing an authority to examine applications for infrastructure consent (“the examining authority”) and about particular aspects of the examination process. Part 5 of the 2024 Act contains provisions about deciding applications for infrastructure consent.

The Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025 (“the 2025 Application Regulations”) make provision additional to that in the 2024 Act about pre-application requirements and applying for infrastructure consent.

The Infrastructure Consent (Examination and Decision) (Procedure) (Wales) Regulations 2025 (“the 2025 Examination Regulations”) make provision in relation to an examining authority, preparation for and the examination of applications and post-examination processes. These Regulations make provision for additional and supplementary procedures where the infrastructure consent order applied for will authorise compulsory acquisition of land or rights over land.

Part 1 of these Regulations makes general provisions.

Part 2 of these Regulations sets out pre-application procedures to be followed before an application for infrastructure consent that contains a compulsory acquisition request is submitted to the Welsh Ministers. These are additional procedures to those specified in Part 3 of the 2025 Application Regulations. This Part also makes provision for extending the time limit for submitting an application specified in regulation 14 of the 2025 Application Regulations.

Part 3 of these Regulations sets out the procedures that must be followed when submitting and validating an application that contains a compulsory acquisition request. These are in addition to the procedures in Part 4 of the 2025 Application Regulations. It also includes the definition for book of reference.

Part 4 of these Regulations sets out the procedures for amending an application for infrastructure consent to include a compulsory acquisition request for land not initially included. These are separate procedures to those in Part 6 of the 2025 Application Regulations.

Part 5 of these Regulations sets out how representations received from a person identified in the book of reference are to be dealt with by the Welsh Ministers.

Part 6 of these Regulations sets out the procedure for determining the examination procedure for an application for infrastructure consent that includes, or has been varied to include, a compulsory acquisition request. It also contains provisions for the service of notices of decisions and reasons. This Part also makes modifications to the 2025 Examination Regulations where an application is varied to include a compulsory acquisition request for additional land. These procedures are in addition and supplement those in Part 3 of the 2025 Examination Regulations.

Part 7 of these Regulations sets out procedures that must take place after an infrastructure consent order that includes provision authorising compulsory acquisition of land is made.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from Welsh Government, Cathays Park, Cardiff, CF10 3NQ and is published on www.gov.wales.