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 2024 Act enables the Welsh Ministers to make provision for or in connection with the charging of fees by specified public authorities for the performance of an infrastructure consent function and the provision of an infrastructure consent service (as defined in section 124 of the Act).

These Regulations make provision in relation to the following—

• fees for pre-application services provided by the Welsh Ministers (regulation 3),

• fees for pre-application services provided by planning authorities (regulation 4),

• fees for pre-application services provided by Natural Resources Wales (regulation 5),

• fees for obtaining information about interests in land (regulation 6),

• fees for exercising powers of entry to survey land (regulation 7),

• fees for giving notice of proposed application (regulation 8),

• fees for making an application (regulation 9),

• fees for a local impact report (regulation 10),

• fees for a marine impact report (regulation 11),

• refund of unspent fees (regulation 12),

• fees payable to relevant statutory consultees and relevant planning authorities for providing services other than pre-application services (regulation 13), and

• fees payable to relevant authorities for applications for removing consent requirement and deeming consents (regulation 14).

The Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025 (S.I. 2025/690) (W. 114) make provisions for the process for pre-application notification, the manner in which applications for infrastructure consent in respect of such development are to be dealt with by the Welsh Ministers and the process to be followed following examination of an application for infrastructure consent.

The Infrastructure Consent (Examination and Decision) (Procedure) (Wales) Regulations 2025 (S.I. 2025/692) (W. 116) deal with the examination procedure which follows an application and make further provision in relation to an examining authority, preparation for and the examination of applications and post-examination processes.

The Infrastructure Consent (Compulsory Acquisition) (Wales) Regulations 2025 (S.I. 2025/691) (W. 115) make supplementary provision where an application for infrastructure consent includes a request to authorise compulsory acquisition of land or an interest in or right over land.

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 the Welsh Government at Cathays Park, Cardiff CF10 3NQ and on the Welsh Government website at www.gov.wales.