Infrastructure (Wales) Act 2024

111 Power to require information

(1) This section applies where—

(a) the relevant planning authority consider that an offence under section 103 or 104 may have been committed on or in respect of the land in its area;

(b) the Welsh Ministers consider that an offence under section 103 or 104 may have been committed on or in respect of land in Wales;

(c) the Welsh Ministers consider that an offence under section 103 or 104 may have been committed in or in respect of the Welsh marine area.

(2) The relevant planning authority may serve an information notice on any person—

(a) who is the owner or occupier of the land or has any other interest in it, or

(b) carrying out operations on the land or is using it for any purpose.

(3) The Welsh Ministers may serve an information notice on any person who—

(a) is the owner or occupier of the land or has any other interest in it,

(b) is carrying out operations on the land or is using it for any purpose, or

(c) is carrying out operations in the Welsh marine area.

(4) The information notice must—

(a) specify the matters that the planning authority, or Welsh Ministers, consider may constitute an offence, and

(b) require the person on whom it is served (“the recipient”) to give the information specified in the notice, so far as the recipient is able to do so.

(5) The information that may be specified in the notice is information about—

(a) any operations being carried out,

(b) any use of land,

(c) any other activities being carried out, and

(d) any matter relating to the provisions of an infrastructure consent order.

(6) An information notice must inform the person on whom it is served of the likely consequences of a failure to respond to the notice and, in particular, that enforcement action may be taken.

(7) The recipient of an information notice must comply with the requirements of the notice by giving the required information in writing to the relevant planning authority, or if the notice was given by the Welsh Ministers, to the Welsh Ministers.