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The Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025

W.S.I. 2025/1192 · Made 11 November 2025 · Extends to England and Wales

Up to date with all changes known to legislation.gov.uk, revised to 2 June 2026.

Infrastructure Planning, Wales

Made 11 November 2025

Laid before Senedd Cymru 17 November 2025

Coming into force in accordance with regulation 1(2)

The Welsh Ministers, in exercise of the powers conferred on them by sections 144 and 146(6) of the Infrastructure (Wales) Act 2024f1, by sections 61Z(4), (6), (9)(b) and (d) and 62R(2)(a) of the Town and Country Planning Act 1990f2 and by section 54(3), (4), (5) and (7) of the Planning and Compulsory Purchase Act 2004f3, make the following Regulations.

Annotations to the whole text

Footnotes

f1

2024 asc 3.

f2

1990 c. 8. Section 61Z was inserted by section 17(3) of the Planning (Wales) Act 2015 (anaw 4) (“the 2015 Act”). Section 62R was inserted by section 25 of the 2015 Act. There are other amendments but none is relevant to these Regulations. The functions of the Secretary of State were transferred to the National Assembly for Wales by article 2 of the National Assembly for Wales (Transfer of Functions) Order 1999 (S.I. 1999/672); see the entry in Schedule 1 for the Town and Country Planning Act 1990. The functions of the National Assembly for Wales were transferred to the Welsh Ministers by virtue of section 162 of, and paragraphs 30 and 32 of Schedule 11 to, the Government of Wales Act 2006 (c. 32).

f3

2004 c. 5.

Contents

  1. 1Title, coming into force and interpretation
  2. Part 1: Amendment Provisions
  3. 2The Town and Country Planning (General Permitted Development) Order 1995
  4. 3The Nuclear Industries Security Regulations 2003
  5. 4The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006
  6. 5The Marine Works (Environmental Impact Assessment) Regulations 2007
  7. 6The Waste (England and Wales) Regulations 2011
  8. 7The Town and Country Planning (Development Management Procedure) (Wales) Order 2012
  9. 8The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013
  10. 9The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015
  11. 10The Planning (Hazardous Substances) (Wales) Regulations 2015
  12. 11The Renewables Obligation Order 2015
  13. 12The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017
  14. 13The Conservation of Habitats and Species Regulations 2017
  15. 14The Electricity (Offshore Generating Stations) (Applications for Consent) (Wales) Regulations 2019
  16. 15The Electricity (Offshore Generating Stations) (Variation of Consents) (Wales) Regulations 2019
  17. 16The Electricity (Offshore Generating Stations) (Inquiries Procedure) (Wales) Regulations 2019
  18. 17The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024
  19. 18The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024
  20. 19The Applications for Scheduled Monument Consent (Wales) Regulations 2024
  21. Part 2: Transitional, revocation and savings provisions
  22. 20Transitional provision
  23. 21Revocation provision
  24. 22Saving provision
  25. Signature
  26. Explanatory note

1Title, coming into force and interpretationI1

(1)

The title of these Regulations is the Infrastructure (Wales) Act 2024 (Consequential, Transitional, Revocation and Saving Provisions) Regulations 2025.

(2)

These Regulations come into force on the following dates—

(a)

this regulation and regulations 21 and 22 on 14 December 2025;

(b)

all other regulations on 15 December 2025.

(3)

In these Regulations, “the 2024 Act” means the Infrastructure (Wales) Act 2024.

2The Town and Country Planning (General Permitted Development) Order 1995I1

(1)

The Town and Country Planning (General Permitted Development) Order 1995f1 is amended as follows.

(2)

In Schedule 2, Part 17A, in paragraph A.2(1)(a), at the end of sub-paragraph (iii), insert—

“or

(iv)

an order granting infrastructure consent under the Infrastructure (Wales) Act 2024;”.

3The Nuclear Industries Security Regulations 2003I1

(1)

The Nuclear Industries Security Regulations 2003f1 are amended as follows.

(2)

In regulation 2(1A), in the definition of “relevant consent” after sub-paragraph (e), insert—

“(f)

infrastructure consent within the meaning of section 19 of the Infrastructure (Wales) Act 2024.”

4The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006I1

(1)

The Planning (National Security Directions and Appointed Representatives) (Wales) Regulations 2006f1 are amended as follows.

(2)

In regulation 6—

(a)

in paragraph (4), omit “or development of national significance”;

(b)

in paragraph (8), omit the definition of “development of national significance”.

(3)

The Regulations referred to in paragraph (1) have effect as if the amendment in paragraph (2) had not been made so far as the provisions of those Regulations relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act.

5The Marine Works (Environmental Impact Assessment) Regulations 2007I1

(1)

The Marine Works (Environmental Impact Assessment) Regulations 2007f1 are amended as follows.

(2)

In regulation 2(1)—

(a)

after the definition of “the 2010 Act” insert—

  • ““the 2024 Act” means the Infrastructure (Wales) Act 2024;”;

(b)

in the definition of “appropriate authority”, in sub-paragraph (a), after “for Wales” insert “examining authority,”;

(c)

after the definition of “environmental statement” insert—

  • ““examining authority” means the person or panel of persons appointed under section 40 of the 2024 Act;”;

(d)

after the definition of “harbour works” insert—

  • ““infrastructure consent” means the consent required by section 19 of the 2024 Act;

  • “infrastructure consent order” means an order under the 2024 Act granting infrastructure consent;”;

(e)

in the definition of “regulatory approval”—

(i)

insert “or” at the end of paragraph (d);

(ii)

after sub-paragraph (d) insert—

“(e)

an infrastructure consent order that grants infrastructure consent for development that will take place in the Welsh marine area,

and for the purposes of paragraph (e) “development” has the meaning given by section 133 of the 2024 Act;”;

(f)

after the definition of “Wales” insert—

  • ““Welsh marine area” has the meaning given in section 143(1) of the 2024 Act;”.

(3)

In regulation 3(4)(d) after the first reference to “Welsh Ministers” insert “, examining authority”.

(4)

In regulation 10A—

(a)

in sub-paragraph (4) after “for Wales” insert “or examining authority”;

(b)

in paragraph (5)(a) after “for Wales” insert “or examining authority”.

6The Waste (England and Wales) Regulations 2011I1

(1)

The Waste (England and Wales) Regulations 2011f1 are amended as follows.

(2)

In regulation 16—

(a)

in paragraph (1), after the definition of “the 2008 Act” insert—

  • ““the 2024 Act” means the Infrastructure (Wales) Act 2024;

  • “infrastructure consent” means the consent required by section 19 of the 2024 Act;”;

(b)

in paragraph (2)—

(i)

in sub-paragraph (f), omit “and”;

(ii)

at the end, insert—

“; and

(h)

the 2024 Act.”

7The Town and Country Planning (Development Management Procedure) (Wales) Order 2012I1

(1)

The Town and Country Planning (Development Management Procedure) (Wales) Order 2012f1 is amended as follows.

(2)

Omit article 1(4).

(3)

The Order referred to in paragraph (1) has effect as if the amendment in paragraph (2) had not been made so far as the provisions of that Order relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act.

8The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013I1

(1)

The Carbon Capture Readiness (Electricity Generating Stations) Regulations 2013f1 are amended as follows.

(2)

In regulation 2(1)—

(a)

after the definition of “the 2008 Act” insert—

  • ““the 2024 Act” means the Infrastructure (Wales) Act 2024;”;

(b)

after the definition of “devolved combustion plant” insert—

  • ““infrastructure consent” means a consent required by section 19 of the 2024 Act;

  • “infrastructure consent order” means an order under the 2024 Act granting infrastructure consent;”;

(c)

after the definition of “relevant consent order” insert—

  • ““relevant infrastructure consent order” means an infrastructure consent order—

    1. (a)

      for the construction of a devolved combustion plant; or

    2. (b)

      for a relevant extension;”;

(d)

for the definition of “relevant planning authority” substitute—

  • ““relevant planning authority” means in relation to—

    1. (a)

      consent required by section 19 of the 2024 Act, the Welsh Ministers;

    2. (b)

      planning permission required under the 1990 Act, the local planning authority;”;

(e)

in the definition of “relevant planning permission” after the second reference to “planning permission”, insert “or infrastructure consent”.

(3)

In regulation 4—

(a)

in the heading, after “consent orders”, insert “and infrastructure consent orders”;

(b)

in paragraph (1A), after “consent order” in each place it occurs, insert “or an infrastructure consent order”;

(c)

in paragraph (3A)—

(i)

in sub-paragraph (b), after “consent order” in both places it occurs, insert “or a relevant infrastructure consent order”;

(ii)

in the words after sub-paragraph (b), after “(as changed)”, insert “or infrastructure consent order (as changed)”.

(4)

In the heading of regulation 6A after “planning permission”, insert “and infrastructure consent”.

(5)

In regulation 6A—

(a)

in paragraph (1), after the second reference to “planning permission”, insert “or infrastructure consent”;

(b)

in paragraph (4), after “planning permission”, insert “or infrastructure consent”.

9The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015I1

(1)

The Town and Country Planning (Fees for Applications, Deemed Applications and Site Visits) (Wales) Regulations 2015f1 are amended as follows.

(2)

In regulation 10—

(a)

omit paragraph (3)(b) and the “or” before it;

(b)

in paragraph (9)—

(i)

at the end of sub-paragraph (a), insert “or”;

(ii)

omit sub-paragraph (b).

(3)

The Regulations referred to in paragraph (1) have effect as if the amendments in paragraph (2) had not been made so far as the provisions of those Regulations relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act.

10The Planning (Hazardous Substances) (Wales) Regulations 2015I1

(1)

The Planning (Hazardous Substances) (Wales) Regulations 2015f1 are amended as follows.

(2)

In regulation 28 (other planning approvals for projects), in paragraph (6) after sub-paragraph (a) insert—

“(aa)

deciding an application for infrastructure consent under Part 5 of the Infrastructure (Wales) Act 2024;”.

11The Renewables Obligation Order 2015I1

(1)

The Renewables Obligation Order 2015f1 is amended as follows.

(2)

In article 88—

(a)

in paragraph (1)(b)—

(i)

in paragraph (ii), omit “or”;

(ii)

at the end insert—

“, or

(iv)

infrastructure consent under the Infrastructure (Wales) Act 2024 has been granted and any conditions as to the time period in which the development to which it relates must be begun have not been breached.”;

(b)

in paragraph (4), after “(1)” insert “(b)(ii)”;

(c)

after paragraph (4), insert—

“(5)

In paragraph (1)(b)(iv) “development” has the meaning given in section 133 of the Infrastructure (Wales) Act 2024.”

12The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017I1

(1)

The Town and Country Planning (Environmental Impact Assessment) (Wales) Regulations 2017f1 are amended as follows.

(2)

In regulation 1(4) after “Welsh Ministers” insert “or an application for infrastructure consent”.

(3)

In regulation 2(1)—

(a)

after the definition of “the 1995 Act” (“Deddf 1995”) insert—

  • ““the 2024 Act” (“Deddf 2024”) means the Infrastructure (Wales) Act 2024;”;

(b)

omit the definition of “the 2016 Order” (“Gorchymyn 2016”) and insert—

  • ““the 2025 Application Regulations” (“Rheoliadau Ceisiadau 2025”) means the Infrastructure Consent (Pre-Application and Application Procedure and Transitional Provisions) (Wales) Regulations 2025;

  • “the 2025 Examination Regulations” (“Rheoliadau Archwiliadau 2025”) means the Infrastructure Consent (Examination and Decision) (Procedure) (Wales) Regulations 2025;”;

(c)

in the definition of “the consultees” (“yr ymgynghoreion”)—

(i)

in paragraph (a) omit the words from “, by virtue of article 22” to the end of the sub-paragraph;

(ii)

after paragraph (c)(iii) insert—

“(d)

in respect of an application for infrastructure consent made to the Welsh Ministers, any authority, body or person which they are required to consult by virtue of the 2024 Act or any provision made under that Act;

(e)

in respect of a subsequent application relating to an infrastructure consent, any authority, body, or person which the Welsh Ministers would be required to consult by virtue of the 2024 Act or any provision made under that Act if the application was for infrastructure consent;”;

(d)

in the definition of “EIA application” (“cais AEA”), in sub-paragraph (a), after “planning permission” insert “or infrastructure consent”;

(e)

after the definition of “environmental statement” (“datganiad amgylcheddol”) insert—

  • ““examining authority” (“awdurdod archwilio”) means the person or panel of persons appointed under section 40 of the 2024 Act;”;

(f)

after the definition of “further information” (“gwybodaeth bellach”) insert—

  • ““infrastructure consent” (“cydsyniad seilwaith”) means consent required under section 19 of the 2024 Act;

  • “infrastructure consent order” (“gorchymyn cydsyniad seilwaith”) means an order made under section 60 of the 2024 Act;

  • “infrastructure register” (“cofrestr seilwaith”) means a register kept in accordance with section 128 of the 2024 Act or in accordance with provisions made under that section, and “appropriate infrastructure register” means the register on which particulars of the application for infrastructure consent for the relevant development have been placed or would be placed if such an application were made;”;

(g)

in the definition of “initiating body” (“corff cychwyn”)—

(i)

after “propose to” insert “give a notice of unauthorised development or”;

(ii)

after “section 102 order” insert “, or the Welsh Ministers where they propose to make an order under section 90 of the 2024 Act”;

(h)

in the definition of “monitoring measure” (“mesur monitor”) after “planning permission” insert “or infrastructure consent”;

(i)

after the definition of “monitoring measure” (“mesur monitor”) insert—

  • ““notice of unauthorised development” (“hysbysiad datblygiad anawdurdodedig”) means a notice given under section 113 of the 2024 Act;”;

(j)

in the definition of “relevant planning authority” (“awdurdod Cynllunio perthnasaol”) omit sub-paragraph (a);

(k)

in the definition of “Schedule 1 application” (“cais Atodlen 1”) and “Schedule 2 application” (“cais Atodlen 2”) after “planning permission” insert “or infrastructure consent”;

(l)

after the definition of “sensitive area” (“ardal sensitif”) insert—

  • ““specified person” (“person penodedig”) means a person, other than the Welsh Ministers or a planning authority, specified in an infrastructure consent order as the person to whom a subsequent application in relation to that infrastructure consent must be made;”;

(m)

in the definition of “subsequent application” (“cais dilynol”) after “planning permission”, in both places it appears, insert “or infrastructure consent”.

(4)

In regulation 2(6)—

(a)

after “may be” insert “, in relation to an application for planning permission,”;

(b)

after “(service of notices)” insert “and in relation to an application for infrastructure consent or notice of unauthorised development, served or given in a manner specified in section 136 of the 2024 Act”.

(5)

In the heading of regulation 3 after “planning permission” insert “, infrastructure consent”.

(6)

In regulation 3—

(a)

after “Welsh Ministers” insert “or examining authority”;

(b)

after “planning permission” insert “, infrastructure consent”.

(7)

In regulation 4(1)—

(a)

in paragraph (a) after “planning permission” insert “, or seeking infrastructure consent”;

(b)

in paragraph (b) omit “or the 2016 Order” and insert “, the 2025 Application Regulations or the 2025 Examination Regulations”.

(8)

In regulation 6—

(a)

in paragraph (1) after “planning authority” insert “or specified person”;

(b)

in paragraph (3)(b) after “planning authority” insert “or specified person” and after “planning permission” insert “or infrastructure consent order”;

(c)

in paragraph (5) after “authority” insert “or specified person”;

(d)

in paragraph (6) after “authority” insert “or specified person”;

(e)

in paragraph (7) after “authority” insert “or specified person”;

(f)

after paragraph (7) insert—

“(7A)

A specified person who adopts a screening opinion pursuant to paragraph (6) must also send a copy to the Welsh Ministers and any planning authority in whose area the development will take place.”;

(g)

in paragraph (8) after “authority” insert “or specified person”;

(h)

in paragraph (9) after “authority” insert “or specified person”.

(9)

In regulation 7 after “authority”, in each place it appears, insert “or specified person”.

(10)

In the heading of Part 3 after “Planning Permission” insert “and Subsequent Applications”.

(11)

In regulation 9 after “planning authority”, in each place it appears, insert “, the Welsh Ministers or specified person”.

(12)

In regulation 10—

(a)

after “planning authority” in both places it appears, insert “, the Welsh Ministers or specified person”;

(b)

after paragraph (2) insert—

“(3)

Where paragraphs (5) and (6) of regulation 6 apply by virtue of this regulation “planning authority” is to be read as including the Welsh Ministers or specified person who has received the application for subsequent consent.”;

(13)

In regulation 14—

(a)

in paragraph (1) after “planning authority” insert “or specified person”;

(b)

in paragraph (2)(b)(ii) after “planning authority” insert “or specified person”, and after “planning permission” insert “or infrastructure consent order”;

(c)

in paragraph (3) after “authority” insert “or specified person”;

(d)

in paragraph (4) after “authority” insert “or specified person”;

(e)

in paragraph (5) after “authority”, in each place it appears” insert “or specified person”;

(f)

after paragraph (5) insert—

“(5A)

Where a specified person adopts a scoping opinion they must send a copy to the Welsh Ministers and any planning authority in whose area the development will take place.”;

(g)

in paragraph (6) after “authority” insert “or specified person”;

(h)

in paragraph (7) after “authority” insert “or specified person”;

(i)

in paragraph (8) after “authority” insert “or specified person”;

(j)

in paragraph (9) after “authority” insert “or specified person”.

(14)

In regulation 15, after “planning authority” in each place it appears, insert “or specified person”.

(15)

In regulation 16—

(a)

after paragraph (1) insert—

“(1A)

Any person who intends to submit an environmental statement to a specified person may give notice to the Welsh Ministers under this paragraph.”;

(b)

in paragraph (2) after “(1)” insert “or paragraph (1A)”;

(c)

in paragraph (3)(a) after “(1)” insert “or paragraph (1A)”;

(d)

omit “and” at the end of paragraph (3)(b)(i);

(e)

after paragraph (3)(b)(ii) insert—

“; and

(iii)

in relation to a notice under paragraph (1A), notify the specified person.”;

(f)

in paragraph (4) after “authority” in each place it appears, insert “, specified person”;

(g)

in paragraph (5) after “planning authority” insert “, specified person”.

(16)

In the heading of regulation 18 after “planning authority” insert “or specified person”.

(17)

In regulation 18—

(a)

in paragraph (1) after “planning authority” insert “or specified person”;

(b)

in paragraph (3) after “authority”, in each place it appears, insert “or specified person”;

(c)

in paragraph (4) after “planning authority” insert “or specified person”;

(d)

after paragraph (5) insert—

“(5A)

Where an applicant submits an environmental statement to a specified person in accordance with paragraph (1), the provisions of regulations 25 (publicity for valid applications: website) and 26 (publicity for valid applications: notices) of the 2025 Application Regulations apply with the following modifications—

(a)

references to “application” are to “subsequent application”;

(b)

references to “Welsh Ministers” are to “specified person”;

(c)

references to “42 days” are to “30 days”;

(d)

regulation 26(5) and (6) do not apply.”;

(e)

in paragraph (6) after “planning authority” insert “or specified person”.

(18)

In the heading of regulation 19, after “planning application” insert “or subsequent application”.

(19)

In regulation 19—

(a)

in paragraph (2)(a) after “planning authority” insert “or specified person”;

(b)

in paragraph(2)(d)(ii) after “planning permission” insert “or infrastructure consent order”;

(c)

in paragraph (2)(f) after “planning authority” insert “or specified person”;

(d)

in paragraph (2)(j) after “planning authority” insert “, specified person”;

(e)

in paragraph (7) after “planning authority,” insert “specified person,”.

(20)

In regulation 21(1)(a) after “Welsh Ministers” insert “, examining authority”.

(21)

In regulation 24—

(a)

in paragraph (1)—

(i)

after “Welsh Ministers”, in both places it appears, insert “, examining authority, specified person”;

(ii)

after “application”, in the first place it appears, insert “, subsequent application”;

(iii)

after “application”, in the second place it appears, insert “or subsequent application”;

(b)

in paragraph (2)(a) after “1990 Act” insert “or the 2024 Act”;

(c)

in paragraph (3)(c) after “planning permission” insert “or infrastructure consent order”;

(d)

in paragraph (3)(h) after “planning authority” insert “or the Welsh Ministers”;

(e)

in paragraph (3)(l) after “Welsh Ministers” insert “, examining authority, specified person”;

(f)

in paragraph (7) after “Welsh Ministers” insert “, examining authority, specified person”;

(g)

in paragraph (10) after “Welsh Ministers” insert “, examining authority, specified person”.

(22)

In the heading of regulation 25 after “planning permission” insert “, infrastructure consent or subsequent consent”.

(23)

In regulation 25—

(a)

after “planning authority”, in each place it appears, insert “, examining authority, specified person”;

(b)

after “planning permission” in each place it appears, insert “, infrastructure consent”.

(24)

In regulation 26(1) after “Welsh Ministers,” insert “examining authority or specified person”.

(25)

In regulation 27—

(a)

in paragraph (2)(b)—

(i)

after “planning permission” insert “, infrastructure consent”;

(ii)

after “(or relevant part of that register)” insert “or appropriate infrastructure register”;

(b)

after paragraph (3) insert—

“(4)

Where particulars of an application for infrastructure consent or subsequent application are placed on an infrastructure register, the relevant planning authority and Welsh Ministers must place on the infrastructure register a copy of any—

(a)

screening opinion;

(b)

screening direction;

(c)

scoping opinion;

(d)

scoping direction;

(e)

notification given under regulation 32(2) (applications made without environmental statement);

(f)

direction under regulation 5(4) or (5);

(g)

environmental statement, including any further information and any other information;

(h)

statement of reasons accompanying any of the above.

(5)

Where before receiving a notice of proposed application in accordance with section 29 of the 2024 Act for the development in question, the Welsh Ministers

(a)

give a screening direction or scoping direction or a direction under regulation 5(4); or

(b)

receive a request under regulation 31(1) or 33(1),

they must take steps to secure that a copy of the opinion, direction, request and any accompanying statement of reasons are made available for public inspection at all reasonable hours at the place where the appropriate infrastructure register is kept.”

(26)

In regulation 28—

(a)

in paragraph (1) after “planning authority” insert “, examining authority, specified person”;

(b)

in paragraph (2)(b) after “planning permission” insert “, infrastructure consent”;

F1(c)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(d)

in paragraph (2)(c) after “planning permission” insert “, infrastructure consent”.

(27)

In regulation 29(2)—

(a)

after “Welsh Ministers” in the first place it appears, insert “, examining authority, specified person”;

(b)

after “Welsh Ministers” in the second place it appears, insert “or specified person if they have determined the application,”.

(28)

In the heading of Part 8, after “planning permission” insert “or infrastructure consent”.

(29)

In regulation 30(1) after “planning permission” in both places it appears, insert “or infrastructure consent”.

(30)

In regulation 31 omit paragraph (2)(e).

(31)

In regulation 32(6) after “planning permission” insert “or infrastructure consent”.

(32)

In regulation 33—

(a)

in paragraph (1) after “planning permission” insert “or infrastructure consent”;

(b)

omit paragraph (2)(d).

(33)

In the heading of regulation 35 after “planning application” insert “or application for infrastructure consent”.

(34)

In regulation 35, in the restatement of regulation 19(2)(a), after “planning permission” insert “or infrastructure consent”.

(35)

In regulation 36 for “article 18(2) of the 2016 Order” substitute “regulation 24 of the 2025 Application Regulations”.

(36)

In the heading of regulation 40, at the beginning, insert “Notices of unauthorised development, orders under section 90 of the 2024 Act,”.

(37)

In regulation 40—

(a)

after paragraph (1) insert—

“(1A)

This regulation also applies where—

(a)

a local planning authority or the Welsh Ministers propose to give a notice of unauthorised development that requires a person to carry out EIA development, or

(b)

the Welsh Ministers propose to make an order under section 90 of the 2024 Act that modifies an infrastructure consent order.”;

(b)

after paragraph (2) insert—

“(2A)

The local planning authority or the Welsh Ministers must not give a notice of unauthorised development that would require a person to carry out Schedule 2 development unless the authority have requested and adopted a screening opinion or the Welsh Ministers have made a screening direction.

(2B)

The Welsh Ministers must not make an order under section 90 of the 2024 Act in relation to Schedule 2 development unless they have made a screening direction.”;

(c)

in paragraph (3)(c)(i) after “proposal for” insert “a notice of unauthorised development, an order under section 90 of the 2024 Act,”;

(d)

in paragraph (3)(c)(ii)—

(i)

after “falls to” insert “give a notice of unauthorised development,”;

(ii)

after “section 102 order” insert “, or make the order under section 90 of the 2024 Act”;

(e)

in paragraph (3)(c)(iv) after “proposal of” insert “a notice of unauthorised development that requires a person to carry out EIA development, an order made under section 90 of the 2024 Act that modifies an infrastructure consent for Schedule 1 development or Schedule 2 development, or”;

(f)

in paragraph (5) after “must not” insert “give a notice of unauthorised development, or”;

(g)

in paragraph (6)—

(i)

after “must not” insert “give a notice of unauthorised development, or”;

(ii)

after “confirm or make” insert “an order made under section 90 of the 2024 Act,”;

(h)

after paragraph (6) insert—

“(7)

In this regulation and Schedule 6 references to an order made under section 90 of the 2024 Act are only to an order proposed to be made or made without an application being made under section 90(3) or (4) of the 2024 Act.”

(38)

In regulation 42—

(a)

in the definition of “enforcement functions” (“swyddogaethau gorfodi”)—

(i)

in paragraph (e), omit “and”;

(ii)

after paragraph (f) insert—

“(g)

the exercise of the power to enter land under section 106 of the 2024 Act (powers to enter land for enforcement purposes);

(h)

the serving of an information notice under section 111 of the 2024 Act (power to require information);

(i)

the giving of a notice of unauthorised development under section 113 of the 2024 Act (notice of unauthorised development);

(j)

the issue of a temporary stop notice under section 117 of the 2024 Act (power to issue a temporary stop notice); and

(k)

an application to the court for an injunction under section 122 of the 2024 Act (injunction to restrain prohibited activity);”;

(b)

in the definition of “unauthorised EIA development” (“datblygiad AEA anawdurdodedig”) at the end of the definition insert “or a notice of unauthorised development under section 113 of the 2024 Act”.

(39)

In regulation 56—

(a)

in paragraph (3)(c) after “planning permission” insert “, infrastructure consent order or order made under section 90 of the 2024 Act”;

(b)

in paragraph (4) after “planning permission” insert “or infrastructure consent”.

(40)

In regulation 63(2) omit “other than an application under section 62D of the 1990 Act (developments of national significance: applications for planning permission),”.

(41)

In the heading of Schedule 6 at the beginning insert “Notices of unauthorised development, orders made under section 90 of the 2024 Act, and”.

(42)

In Schedule 6—

(a)

in paragraph 3 after “would fall to” insert “give a notice of unauthorised development or”;

(b)

in paragraph 5(a) after “proposal for” insert “a notice of unauthorised development, an order made under section 90 of the 2024 Act,”;

(c)

in paragraph 5(c) after “proposal for” insert “a notice of unauthorised development that requires a person to carry out EIA development, an order made under section 90 of the 2024 Act granting or modifying infrastructure consent for EIA development, or”;

(d)

in paragraph 6—

(i)

after “refusing to” insert “give a notice of unauthorised development, or refusing to”;

(ii)

at the end insert “, or refusing to make the order under section 90 of the 2024 Act”;

(e)

in paragraph 7, in the restatement of regulation 14(1) after “proposed” insert “notice of unauthorised development, order made under section 90 of the 2024 Act,”;

(f)

in paragraph 11, in the restatement of regulation 18—

(i)

in paragraph (1) after “related to” insert “a notice of unauthorised development, an order made under section 90 of the 2024 Act,”;

(ii)

in paragraph (1)(a), after “draft” in the first place it appears, insert “notice of unauthorised development, draft order made under section 90 of the 2024 Act, draft”;

(g)

in paragraph 12(b), in the restatement of regulation 19(2)(b) after “proposed” insert, “notice of unauthorised development, order made under section 90 of the 2024 Act,”;

(h)

in paragraph 14, in the restatement of regulation 22—

(i)

in paragraph (1) after “propose to” insert “give a notice of unauthorised development or”;

(ii)

after paragraph (2) insert—

“(2A)

Where the initiating body is the Welsh Ministers, they must send to any planning authority for the area in which the proposed development to which the notice of unauthorised development or order made under section 90 of the 2024 Act relates is located, a copy of the environmental statement prepared in relation to the proposed notice or order.”;

(iii)

in paragraph (3) after “paragraph (2)” insert “or (2A)”;

(i)

in paragraph 16—

(i)

in sub-paragraph (a) after “whether to” insert “give a notice of unauthorised development or” and after “102 order” insert “or make an order under section 90 of the 2024 Act”;

(ii)

omit “and” at the end of sub-paragraph (a);

(iii)

after sub-paragraph (b) insert—

“(c)

“planning permission” read “a notice of unauthorised development, planning permission or infrastructure consent”;

(d)

“granted” read “given or granted”.”;

(j)

in paragraph 18, in the restatement of regulation 28(1)—

(i)

after “initiating body” insert “gives a notice of unauthorised development, or”;

(ii)

after “makes” insert “an order under section 90 of the 2024 Act,”;

(k)

in paragraph 19, in the restatement of regulation 29—

(i)

in paragraph (1) after “decision to” in the second place it appears, insert “give a notice of unauthorised development or”;

(ii)

in paragraph (2) and (3) after “Where a” insert “notice of unauthorised development is given or a”;

(iii)

in paragraph (3)(b) after “public inspection” insert “, in relation to a section 97 order or section 102 order”, and after “is kept” insert “, in any other case at any place that is reasonable in the circumstances”;

(l)

in paragraph 20—

F2(i)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(ii)

at the end of sub-paragraph (b) omit “and”;

(iii)

in sub-paragraph (c) after “proposed” insert “notice of unauthorised development, order made under section 90 of the 2024 Act,”;

(iv)

after sub-paragraph (c) insert—

“(d)

in paragraph (3)(c) “planning permission” read “planning permission or infrastructure consent order”; and

(e)

in paragraph (4) “planning permission” read “planning permission or infrastructure consent”, and after the word “granted” is inserted “or a notice of unauthorised development is given”.”

(43)

In Schedule 9, omit paragraph 2.

(44)

The Regulations referred to in paragraph (1) have effect as if the amendments in paragraphs (2) to (43) had not been made so far as the provisions of those Regulations relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act.

13The Conservation of Habitats and Species Regulations 2017I1

(1)

The Conservation of Habitats and Species Regulations 2017f1 are amended as follows.

(2)

In regulation 7(1)—

(a)

omit the “and” at the end of paragraph (b);

(b)

after sub-paragraph (c), insert—

“; and

(d)

an examining authority appointed under section 40 of the Infrastructure (Wales) Act 2024.”

(3)

In regulation 9(2)—

(a)

omit the “and” after sub-paragraph (m);

(b)

after sub-paragraph (n), insert—

“; and

(o)

the Infrastructure (Wales) Act 2024.”.

(4)

In regulation 65, after paragraph (4), insert—

“(5)

Where the plan or project to which this regulation applies was consented to by an examining authority appointed under section 40 of the Infrastructure (Wales) Act 2024, the duties and functions in paragraphs (1) to (3) must be carried out by the Welsh Ministers.”

14The Electricity (Offshore Generating Stations) (Applications for Consent) (Wales) Regulations 2019I1

(1)

The Electricity (Offshore Generating Stations) (Applications for Consent) (Wales) Regulations 2019f1 are amended as follows.

(2)

In regulation 2(1), after the definition of “application” (“cais”), insert—

  • ““infrastructure consent development” (“datblygiad cydsyniad seilwaith”) means any development in respect of which an applicant is applying for consent in accordance with the provisions of the Infrastructure (Wales) Act 2024;”.

(3)

In regulation 3—

(a)

omit the “and” at the end of paragraph (a);

(b)

after paragraph (b), insert—

“; and

(c)

any infrastructure consent development will be situated.”

15The Electricity (Offshore Generating Stations) (Variation of Consents) (Wales) Regulations 2019I1

(1)

The Electricity (Offshore Generating Stations) (Variation of Consent) (Wales) Regulations 2019f1 are amended as follows.

(2)

In regulation 2—

(a)

after the definition of “generating station” (“gorsaf gynhyrchu”), insert—

  • ““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.”;

(b)

in the definition of “proposed development” (“datblygiad arfaethedig”)—

(i)

omit the “and” at the end of paragraph (b);

(ii)

after paragraph (c), insert—

“; and

(d)

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

(3)

In regulation 3(2)—

(a)

omit the “and” at the end of subparagraph (c),

(b)

after subparagraph (d) insert—

“(e)

any order granted under section 60(1) or 90(1) of the Infrastructure (Wales) Act 2024 associated with the relevant section 36 consent; and

(f)

any application submitted for, or for variation of, an infrastructure consent associated with the relevant section 36 consent, made in accordance with the provisions of the Infrastructure (Wales) Act 2024.”

16The Electricity (Offshore Generating Stations) (Inquiries Procedure) (Wales) Regulations 2019I1

(1)

The Electricity (Offshore Generating Stations) (Inquiries Procedure) (Wales) Regulations 2019f1 are amended as follows.

(2)

In regulation 2(1)—

(a)

after the definition of “electronic communication” (“cyfathrebiad electronig”), insert—

  • ““infrastructure consent development” (“datblygiad cydsyniad seilwaith”) means any development in respect of which an applicant is applying for consent in accordance with the provisions of the Infrastructure (Wales) Act 2024.”;

(b)

in the definition of “place” (“lle”)—

(i)

omit the “and” at the end of paragraph (a);

(ii)

after paragraph (b), insert—

“; and

(c)

any infrastructure consent development will be situated;”

17The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024I1

(1)

The Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024f1 are amended as follows.

(2)

In Schedule 4, omit paragraphs 11 to 13 and their headings.

(3)

The Regulations referred to in paragraph (1) have effect as if the amendment in paragraph (2) had not been made so far as the provisions of those Regulations relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act.

18The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024I1

(1)

The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024f1 are amended as follows.

(2)

Omit regulations 75 to 83.

(3)

The Regulations referred to in paragraph (1) have effect as if the amendment in paragraph (2) had not been made so far as the provisions of those Regulations relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act.

19The Applications for Scheduled Monument Consent (Wales) Regulations 2024I1

(1)

The Applications for Scheduled Monument Consent (Wales) Regulations 2024f1 are amended as follows.

(2)

Omit regulation 4 and its heading.

(3)

The Regulations referred to in paragraph (1) have effect as if the amendment in paragraph (2) had not been made so far as the provisions of those Regulations relate to a development to which sections 19 and 20 do not apply by virtue of section 146 of the 2024 Act.

20Transitional provisionI1

(1)

For the purposes of section 146(2)(a) of the 2024 Act, an application described in the first column of the following table is not made until the requirements in the second column of that table which are applicable to the application are met—

  1. (a)

    An application for planning permission under Part 3 of the Town and Country Planning Act 1990, other than under section 62D;

Article 22(3) of the Town and Country Planning (Development Management Procedure) (Wales) Order 2012 f1.
  1. (b)

    An application for planning permission under section 62D of the Town and Country Planning Act 1990f2;

  1. (i)

    Article 12(1) to (4) and (8),

  2. (ii)

    article 12A as may be inserted by regulation 41(c) of the Developments of National Significance (Wales) Regulations 2016f3, and

  3. (iii)

    article 13, if applicable,

of the Developments of National Significance (Procedure) (Wales) Order 2016f4.

  1. (c)

    An application for consent under section 36 of the Electricity Act 1989f5;

Regulation 3 of the Electricity (Offshore Generating Stations) (Applications for Consent) (Wales) Regulations 2019 f6.
  1. (d)

    An application for authorisation under Chapter 3 of Part 2 (control of works affecting scheduled monuments) of the Historic Environment (Wales) Act 2023f7;

Section 14 of the Historic Environment (Wales) Act 2023 and regulation 2 of Applications for Scheduled Monument Consent (Wales) Regulations 2024 f8.
  1. (e)

    An application for authorisation under Chapter 2 of Part 3 (control of works affecting listed buildings) of the Historic Environment (Wales) Act 2023;

  1. (i)

    Sections 90(2) and 106(2) and (3)(a) of the Historic Environment (Wales) Act 2023, and

  2. (ii)

    regulations 3, 4, 6, 19 and 21 of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024f9.

  1. (f)

    An application for authorisation under Part 4 (control of demolition in conservation areas), of the Historic Environment (Wales) Act 2023 (see section 163 of that Act);

  1. (i)

    Sections 90(2) and 106(2) and (3)(a) of the Historic Environment (Wales) Act 2023, and

  2. (ii)

    regulations 3, 4, 6, 19 and 21 of the Listed Buildings and Conservation Areas (Procedure and Interest Rate) (Wales) Regulations 2024f10.

  1. (g)

    An order under section 14 or section 16 of the Harbours Act 1964f11;

Paragraph 7 of Schedule 3 to the Harbours Act 1964 f12.
  1. (h)

    An order under section 1 or 3 of the Transport and Works Act 1992f13.

Rules 9 to 12 of the Transport and Works (Applications and Objections Procedure) (England and Wales) Rules 2006 f14.
(2)

For the purposes of section 146(2)(b) of the 2024 Act, a notification under section 62E(1) of the Town and Country Planning Act 1990f15 is not made until the requirements of article 5 of the Developments of National Significance (Procedure) (Wales) Order 2016, as may be modified by regulation 41(a) of the Developments of National Significance (Wales) Regulations 2016 are met.

(3)

For the purposes of section 146(2)(c) of the 2024 Act, an order or scheme in the first column of the following table is not treated as being under consideration until the requirement in the second column of that table is met—

  1. (a)

    An order under section 10 of the Highways Act 1980f16 (directing that highway should become trunk road);

The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1 f17.
  1. (b)

    An order under section 14 of the Highways Act 1980f18 (supplementary orders relating to trunk roads);

The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1.
  1. (c)

    An order under section 16 of the Highways Act 1980f19 (schemes authorising the provision of special roads);

The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 10 f20.
  1. (d)

    An order under section 18 of the Highways Act 1980f21 (supplementary orders relating to special roads);

The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1.
  1. (e)

    An order under section 106 of the Highways Act 1980f22 (orders and schemes providing for construction of bridges over or tunnels under navigable waters);

The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1.
  1. (f)

    An order under section 108 of the Highways Act 1980f23 (orders authorising the diversion of navigable watercourses);

The publication of a draft of the order in accordance with Schedule 1 to the Highways Act 1980, paragraph 1.
  1. (g)

    An order under section 6 of the New Roads and Street Works Act 1991f24 (toll orders).

The publication of a draft of the order in accordance with Schedule 1 to the New Roads and Street Works Act 1991, paragraph 1 or 2, as the case may be.
(4)

For the purposes of section 146(3)(b), an application is not made under section 62D of the Town and Country Planning Act 1990 until the requirements of articles 12(1) to (4) and (8) and 13 of the Developments of National Significance (Procedure) (Wales) Order 2016 which are applicable to the application are met.

F1(5)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

21Revocation provisionI1

Subject to savings the following instruments are revoked—

(a)

the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) Regulations 2016f1;

(b)

the Developments of National Significance (Application of Enactments) (Wales) Order 2016f2;

(c)

the Developments of National Significance (Procedure) (Wales) Order 2016;

(d)

the Developments of National Significance (Wales) Regulations 2016;

(e)

the Developments of National Significance (Fees) (Wales) Regulations 2016f3;

(f)

the Developments of National Significance (Specified Criteria and Prescribed Secondary Consents) (Wales) (Amendment) Regulations 2016f4;

(g)

the Developments of National Significance (Specified Criteria, Fees and Fees for Deemed Applications) (Wales) (Amendment) Regulations 2019f5;

(h)

the Developments of National Significance (Wales) (Amendment) Regulations 2019f6;

(i)

the Developments of National Significance (Procedure) (Wales) (Amendment) Order 2019f7;

(j)

the Developments of National Significance (Wales) (Amendment) Regulations 2024f8;

(k)

the Developments of National Significance (Fees) (Wales) (Amendment) Regulations 2024f9.

22Saving provisionI1

Section 146(10) of the 2024 Act saves the provisions of the Town and Country Planning Act 1990 as if the amendments in paragraph 4 of Schedule 3 to the 2024 Act had not been made, in so far as they relate to a development to which sections 19 and 20 of the 2024 Act do not apply by virtue of section 146 of that Act, and accordingly the instruments referred to in regulation 21 continue to apply to such a development.

Signature

Rebecca Evans

Cabinet Secretary for Economy, Energy and Planning

11 November 2025

Explanatory note

(This note is not part of the Regulations)

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

The new process under the 2024 Act replaces, fully or partially, a number of existing statutory regimes for the consenting of significant infrastructure projects, including in particular, planning permission for developments of national significance under Part 3 of the Town and Country Planning Act 1990 (“the 1990 Act”). To the extent that consent under section 19 of the 2024 Act is required for development, the consents referred to in section 20 of the 2024 Act are either not required for, or may not authorise, development.

Regulations 2 to 19 make amendments to secondary legislation which are consequential on the 2024 Act. In particular they ensure the 2024 Act is referenced where appropriate. References to developments of national significance are omitted except to the extent that they are required for the purposes of operation of the transitional provision in section 146 of the 2024 Act.

Regulation 20 makes transitional provision which is supplementary to section 146 of the 2024 Act.

Regulation 21 revokes regulations relating to developments of national significance.

Regulation 22 reflects the saving provision in section 146(10) of the 2024 Act.

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.