Legalize / United Kingdom / Wales / Act of Senedd Cymru

Infrastructure (Wales) Act 2024

Type Act of Senedd Cymru

Publication 2024-06-03

State In force

Jurisdiction Wales

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — SIGNIFICANT INFRASTRUCTURE PROJECTS

Key term

Meaning of “significant infrastructure project”

1

In this Act, a “significant infrastructure project” means—

(a) development specified in this Part as a significant infrastructure project;

(b) development specified in a direction made by the Welsh Ministers under section 22 as a significant infrastructure project;

(c) development specified in the National Development Framework for Wales under section 60(3) of the Planning and Compulsory Purchase Act 2004 (c. 5) as a significant infrastructure project.

Energy

Electricity infrastructure

2

(1) The following kinds of development are significant infrastructure projects—

(a) the construction of—

(i) a generating station in Wales (other than a wind generating station), or

(ii) a generating station in the Welsh marine area,

that is expected to have an installed generating capacity of between 50 and 350 megawatts when constructed;

(b) the extension or alteration of—

(i) a generating station in Wales (other than a wind generating station), or

(ii) a generating station in the Welsh marine area,

where the effect of the extension or alteration is expected to increase the installed generating capacity by at least 50 megawatts, but not so that the installed generating capacity exceeds 350 megawatts;

(c) the construction of a wind generating station in Wales that is expected to have an installed generating capacity of at least 50 megawatts when constructed;

(d) the extension or alteration of a wind generating station in Wales where the effect of the extension or alteration is expected to increase the installed generating capacity by at least 50 megawatts;

(e) the installation of an electric line above ground in Wales that is—

(i) expected to have a nominal voltage of 132 kilovolts and be no less than 2 kilometres long (to the extent it is in Wales), and

(ii) associated with the construction, extension or alteration of a generating station to which paragraphs (a) to (d) apply.

(2) In this section—

“installed generating capacity” (“capasiti cynyrchu gosodedig”) means the maximum capacity of electricity generation (in megawatts) at which that generating station could be operated for a sustained period without damage being caused to it (assuming the source of energy used to generate electricity is available without interruption);

“wind generating station” (“gorsaf ynni gwynt”) means a generating station which generates electricity from wind.

Liquified natural gas facilities

3

(1) The construction of an LNG facility in Wales or the Welsh marine area is a significant infrastructure project if—

(a) the storage capacity of the facility is expected to be at least 43 million standard cubic metres, or

(b) the maximum flow rate of the facility is expected to be at least 4.5 million standard cubic metres per day.

(2) The alteration of an LNG facility in Wales or the Welsh marine area is a significant infrastructure project if the expected effect of the alteration is to increase—

(a) the storage capacity of the facility by at least 43 million standard cubic metres, or

(b) the maximum flow rate of the facility by at least 4.5 million standard cubic metres per day.

(3) In this section—

“LNG facility” (“cyfleuster LNG”) means a facility for— the reception of liquid natural gas from outside Wales and the Welsh marine area, the storage of that gas, and the regasification of that gas;

“maximum flow rate” (“cyfradd llif uchaf”) means the maximum rate at which gas is able to flow out of the facility, on the assumption that— the facility is filled to maximum capacity, and the rate is measured after regasification of the liquid natural gas and any other processing required on the recovery of the gas from storage;

“storage capacity” (“cynhwysedd storio”) means the capacity of the facility for storage of liquid natural gas measured as if the gas were stored in regasified form.

Gas reception facilities

4

(1) The construction of a gas reception facility is a significant infrastructure project if—

(a) the facility is in Wales or the Welsh marine area,

(b) the facility is within subsection (3), and

(2) The alteration of a gas reception facility is a significant infrastructure project if—

(a) the facility is in Wales or the Welsh marine area,

(b) the facility is within subsection (3), and

(c) the expected effect of the alteration is to increase the maximum flow rate of the facility by at least 4.5 million standard cubic metres per day.

(3) A gas reception facility is within this subsection if the gas handled by the facility—

(a) does not originate in—

(i) Wales or the Welsh marine area,

(ii) England or waters adjacent to England up to the seaward limits of the territorial sea,

(iii) Scotland or waters adjacent to Scotland up to the seaward limits of the territorial sea, or

(iv) the Renewable Energy Zone,

(b) does not arrive at the facility from England or Scotland, and

(4) In this section—

“gas reception facility” (“cyfleuster derbyn nwy”) means a facility for— the reception of natural gas in gaseous form from outside Wales and the Welsh marine area, and the handling of natural gas (other than its storage);

“maximum flow rate” (“cyfradd llif uchaf”) means the maximum rate at which gas is able to flow out of the facility;

“Renewable Energy Zone” has the meaning given by section 84(4) of the Energy Act 2004 (c. 20).

Hydraulic fracturing for oil and gas and coal gasification

5

The following developments are significant infrastructure projects—

(a) the exploration, appraisal or production of coal bed methane, shale oil or shale gas using hydraulic fracturing in Wales or the Welsh marine area, except the making of exploratory boreholes for the purpose of core sampling in a way that does not involve the carrying out of hydraulic fracturing;

(b) the gasification of coal in the strata in Wales or the Welsh marine area, except the making of exploratory boreholes for the purpose of core sampling.

Open cast coal mining

6

The carrying out of operations in Wales for the purpose of—

(a) creating an open cast coal mine, or

(b) winning and working of coal from an open cast mine,

is a significant infrastructure project.

Transport

Highways

7

(1) The following kinds of development are significant infrastructure projects—

(a) the construction of a highway in a case falling within subsection (2);

(b) the alteration or improvement of a highway in a case falling within subsection (3),

unless they are excluded by any of subsections (4) to (6).

(2) Construction of a highway is within this subsection only if—

(a) the highway will (when constructed) be in Wales,

(b) the Welsh Ministers will be the highway authority for the highway, and

(3) Alteration or improvement of a highway is within this subsection only if—

(a) the highway will (when constructed) be in Wales,

(b) the Welsh Ministers will be the highway authority for the highway, and

(4) This section does not apply to the construction, alteration or improvement of a highway if—

(a) an order mentioned in section 20(3) has been made in relation to the development before the coming into force of that section,

(b) a further order is needed in relation to the development, and

(5) This section does not apply to the alteration of a highway if—

(a) planning permission has been granted for a development,

(b) the alteration is necessary as a result of the development, and

(6) This section does not apply to the alteration of a highway if—

(a) an order mentioned in section 20(3) has been made in relation to local highway works,

(b) the alteration is necessary as a result of the local highway works, and

(c) the local highway authority responsible for the local highway works has asked for the alteration to be made to the highway.

(7) In this section—

“local highway authority” (“awdurdod priffyrdd lleol”) has the meaning given by section 329(1) of the Highways Act 1980 (c. 66);

“local highway works” (“gwaith priffordd leol”) means works carried out by or on behalf of a local highway authority in relation to a highway for which it is the highway authority (and the local highway authority is referred to in this section as “responsible” for those works).

Railways

8

(1) The construction of a railway is a significant infrastructure project if—

(a) the railway will (when constructed) start, end and remain in Wales,

(b) the railway will (when constructed) be part of a network operated by an approved operator,

(c) the railway will (when constructed) include a stretch of track that is a continuous length of more than 2 kilometres, and

(d) the construction of the railway is not permitted development.

(2) The alteration of a railway is a significant infrastructure project if—

(a) the part of the railway to be altered is part of a railway that starts, ends and remains in Wales,

(b) the railway is part of a network operated by an approved operator,

(c) the alteration of the railway will include laying a stretch of track that is a continuous length of more than 2 kilometres, and

(d) the construction of the railway is not permitted development.

(3) This section does not apply to construction or alteration of a railway to the extent that the railway forms part (or will when constructed form part) of a rail freight interchange.

(4) In this section—

“approved operator” (“gweithredwr a gymeradwywyd”) means— a person who is authorised to be the operator of a network by a licence granted under section 8 of the Railways Act 1993 (c. 43) (licences for operation of railway assets), or a wholly-owned subsidiary of a company that is such a person;

“network” (“rhwydwaith”) has the meaning given by section 83(1) of the Railways Act 1993 (c. 43);

“permitted development” (“datblygu a ganiateir”) means development in relation to which planning permission is granted by article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (SI 1995/418) (as it has effect from time to time);

“wholly-owned subsidiary” (“is-gwmni o dan berchnogaeth lwyr”) has the same meaning as in the Companies Act 2006 (c. 46) (see section 1159 of that Act).

Rail freight interchanges

9

(1) The construction of a rail freight interchange is a significant infrastructure project if (when constructed) each of the conditions in subsections (3) to (7) is expected to be met in relation to it.

(2) The alteration of a rail freight interchange is a significant infrastructure project if—

(a) following the alteration, each of the conditions in subsections (3)(a) and (4) to (7) is expected to be met in relation to it, and

(b) the alteration is expected to have the effect specified in subsection (8).

(3) The land on which the rail freight interchange is situated must—

(a) be in Wales, and

(b) be at least 60 hectares in area.

(4) The rail freight interchange must be capable of handling—

(a) consignments of goods from more than one consignor and to more than one consignee, and

(b) at least four goods trains per day.

(5) The rail freight interchange must be part of the railway network in Wales.

(6) The rail freight interchange must include warehouses to which goods can be delivered from the railway network in Wales either directly or by means of another form of transport.

(7) The rail freight interchange must not be part of a military establishment.

(8) The effect referred to in subsection (2)(b) is to increase by at least 60 hectares the area of the land on which the rail freight interchange is situated.

(9) In this section—

“goods train” (“trên nwyddau”) means a train that (ignoring any locomotive) consists of items of rolling stock designed to carry goods;

“military establishment” (“sefydliad milwrol”) means an establishment intended for use for naval, military or air force purposes or for the purposes of the Department of the Secretary of State responsible for defence.

(10) The following terms have the meanings given by section 83(1) of the Railways Act 1993 (c. 43)—

“network” (“rhwydwaith”);

“rolling stock” (“cerbydau rheilffyrdd”);

“train” (“trên”).

Harbour facilities

10

(1) The construction of harbour facilities is a significant infrastructure project if (when constructed) the harbour facilities—

(a) will be wholly in Wales, the Welsh marine area or both,

(b) will not be, or will not form part of, a reserved trust port, and

(c) are expected to be capable of handling the embarkation or disembarkation of at least the relevant quantity of material per year.

(2) The alteration of harbour facilities is a significant infrastructure project if—

(a) the harbour facilities are wholly in Wales, the Welsh marine area or both,

(b) the harbour facilities are not, or do not form part of, a reserved trust port, and

(c) the effect of the alteration is expected to be to increase by at least the relevant quantity per year the quantity of material the embarkation or disembarkation of which the facilities are capable of handling.

(3) “The relevant quantity” is—

(a) in the case of facilities for container ships, 50,000 TEU;

(b) in the case of facilities for roll-on roll-off ships, 25,000 units;

(d) in the case of facilities for more than one of the types of ships mentioned in paragraphs (a) to (c), an equivalent quantity of material.

(4) For the purposes of subsection (3)(d), facilities are capable of handling an equivalent quantity of material if the sum of the relevant fractions is one or more.

(5) The relevant fractions are—

(a) to the extent that the facilities are for container ships—

$$x 50,000$ Figure 1 where x is the number of TEU that the facilities are capable of handling;$

(b) to the extent that the facilities are for roll-on roll-off ships—

$$y 25,000$ Figure 2 where y is the number of units that the facilities are capable of handling;$

$$z 500,000$ Figure 3 where z is the number of tonnes of material that the facilities are capable of handling.$

(6) In this section—

“cargo ship” (“llong gargo”) means a ship which is used for carrying cargo;

“container ship” (“llong gynwysyddion”) means a cargo ship which carries all or most of its cargo in containers;

“reserved trust port” (“porthladd ymddiriedolaeth a gedwir yn ôl”) has the meaning given in section 32 of the Wales Act 2017 (c. 4);

“roll-on roll-off ship” (“llong gyrru i mewn ac allan”) means a ship which is used for carrying wheeled cargo;

“TEU” (“UCU”) means a twenty-foot equivalent unit;

“unit” (“uned”) in relation to a roll-on roll-off ship means any item of wheeled cargo (whether or not self-propelled).

Airports

11

(1) The following kinds of development are significant infrastructure projects—

(a) the construction of an airport in Wales or the Welsh marine area in a case within subsection (2),

(b) the alteration of an airport in Wales or the Welsh marine area in a case within subsection (3), or

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