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. These Regulations make provision for miscellaneous matters. The matters specified and the requirements set out in these Regulations are in addition to any contained in other regulations that implement the Act.

Regulation 2 sets out the definitions for terms used in these Regulations.

Regulation 3 is a sign-post provision to the principal Act, highlighting that section 136 applies to notices given in accordance with these Regulations.

Regulation 4 introduces Schedule 1 to the Regulations.

Schedule 1 to the Regulations provides a list of projects. Where these projects involve development the Welsh Ministers will be able to direct that the development is to be a significant infrastructure project. The Schedule also contains a definition provision for terms used in the Schedule.

Regulation 5 provides for how a person may make a request to the Welsh Ministers to direct that development is a significant infrastructure project or, where the development is cross border, that it will not be a significant infrastructure project. It also provides for a developer to notify others about a qualifying request for a direction.

Regulation 6 provides a deadline for the Welsh Ministers to decide whether to direct that a project is a significant infrastructure project where they receive a qualifying request. It provides for an extension of that deadline in certain circumstances.

Regulation 7 provides the form and content of the notice given under section 28(2) or (3) of the 2024 Act. A notice under these subsections requires a person to provide the name and address of any person who has an interest in land to which the application or proposed application for infrastructure consent relates.

Regulation 8 provides the Welsh Ministers with powers to disapply provisions of the 2024 Act in certain circumstances. They may direct that provisions in Part 3 (applying for infrastructure consent) and Part 4 (examining applications) and provision made under those Parts do not apply to cross border development. They may also direct that some provisions relating to pre-application procedure and applying for infrastructure consent, or provision made under those provisions, do not apply where they have given a direction under section 22 of the 2024 Act (directions specifying development as a significant infrastructure project). For a period of 18 months after the coming into force of the regulation, the Welsh Ministers may also direct that the provisions do not apply to any development that is a significant infrastructure project.

Regulation 9 sets out how a person may request pre-application services from a planning authority, Natural Resources Wales or the Welsh Ministers.

Regulation 10 makes provision for accepting requests for pre-application services and sets out a deadline for providing those services and extending that deadline in certain circumstances.

Regulation 11 provides lists of pre-application services that must be provided.

Regulation 12 makes provision for holding pre-application meetings between a developer and planning authorities, Natural Resources Wales or the Welsh Ministers.

Regulation 13 provides a list of documents that must be deposited on the register maintained by the Welsh Ministers under section 128 of the 2024 Act.

Regulation 14 requires planning authorities to keep and publish a register relating to applications and pre-application services and sets out the documents that must be deposited on the register.

Regulation 15 requires Natural Resources Wales to keep and publish a register of pre-application services and sets out the documents that must be deposited on the register.

Regulation 16 provides a time frame for the deposit of information and documents on the registers. It also provides for the circumstances where the deposit may be delayed on the request of the developer.

Regulation 17 makes provision for statutory consultees to provide the Welsh Ministers with an annual report on their performance relating to providing substantive responses to consultation about applications.

Regulation 18 introduces Schedule 2 and Schedule 3 to the Regulations.

Schedule 2 to these Regulations lists requirements for consent that may be removed by provision in an infrastructure consent order. This means the developer would not be required to apply for that consent.

Schedule 3 to these Regulations provides a list of consents that may be deemed to have been granted by a provision in an infrastructure consent order. This means that the developer would not need to apply separately for that consent. The consents in Part 1 may only be deemed where the body who would usually grant consent have indicated their permission or have failed to respond in the specified time. The consents listed in Part 2 of the Schedule may be deemed in all cases.

Regulation 19 sets the specified period during which the body that would usually grant a consent must refuse permission if the Welsh Ministers are not to have the power to remove the requirement or deem the consent.

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.