Part 1 – Significant infrastructure project
5.Part 1 of the Act defines the meaning of Significant Infrastructure Projects and the qualifying projects which will be subject to this consenting process.
Key term
Section 1 – Meaning of “significant infrastructure project”
6.Section 1 provides that development is a “Significant Infrastructure Project” if it falls within one of three categories. In order to be a Significant Infrastructure Project, projects must:
be a development that is specified in Part 1 of the Act as a “significant infrastructure project”,
be specified in a direction made by the Welsh Ministers under section 22, or
be specified as a Significant Infrastructure Project in the National Development Framework for Wales that the Welsh Ministers are required to make under section 60(3) of the Planning and Compulsory Purchase Act 2004 (the “
2004 Act ”).
7.At the time of the Act receiving Royal Assent, the published framework under the 2004 Act is titled “Future Wales: the National Plan 2040”(2). This iteration of the framework does not specify projects as being significant infrastructure projects for the purposes of the Act, but replacement frameworks may do so.
8.There are three defined terms in the Act that are particularly important for the purposes of the descriptions of Significant Infrastructure Projects in Part 1. These terms are “
Energy
Section 2 – Electricity infrastructure
9.Section 2 states the circumstances in which electricity infrastructure will be a Significant Infrastructure Project. These are:
the construction of a generating station (other than a wind generating station) in Wales or the Welsh marine area, where it is expected to have an installed generating capacity of between 50MW and 350MW (inclusive);
the alteration or extension of a generating station (other than a wind generating station) in Wales or the Welsh marine area, where its effect is to increase the installed generating capacity by at least 50MW, however, the effect of the extension must not increase the overall generating capacity beyond 350MW;
the construction of a wind generating station in Wales, where it is expected to have an installed generating capacity of at least 50MW;
the alteration or extension of a wind generating station in Wales, where its effect is to increase the installed generating capacity by at least 50MW;
the installation of above ground electric lines in Wales associated with the construction, extension or alteration of a generating station which is a Significant Infrastructure Project which are expected to have a nominal voltage of 132KV and a minimum length of 2km (to the extent they are in Wales).
Section 3 – Liquified natural gas facilities
10.Section 3 states the circumstances in which development related to liquified natural gas facilities will be a Significant Infrastructure Project. These are:
for the construction of a facility in Wales or the Welsh marine area, the storage capacity is expected to be at least 43 million standard cubic metres or have a maximum flow rate of at least 4.5 million standard cubic metres per day;
for the alteration of a facility in Wales or the Welsh marine area, the existing storage capacity is expected to increase by at least 43 million standard cubic metres or by a maximum flow rate of at least 4.5 million standard cubic metres more per day.
Section 4 – Gas reception facilities
11.Section 4 states the circumstances in which development related to gas reception facilities will be a Significant Infrastructure Project. These are:
the construction of a gas reception facility in Wales or the Welsh marine area where the maximum flow rate of the facility is expected to exceed 4.5 million standard cubic metres per day;
the alteration of a gas reception facility where the maximum flow rate of the existing facility is expected to increase by at least 4.5 million standard cubic metres per day.
12.In addition, subsection (3) specifies that to qualify as a Significant Infrastructure Project, —
the gas reception facility must not handle gas that originates in Wales, England, or Scotland, the territorial sea adjacent to those territories or the Renewable Energy Zone. The “Renewable Energy Zone” is the area of the sea outside the territorial sea of the United Kingdom where the UK has exploitation rights for energy production under the United Nations Convention on the Law of the Sea 1982 (Cmnd 8941);
the gas handled by the facility must not have arrived at the facility from England or Scotland, and must not have already been handled at another facility after its arrival in Wales or the marine area.
Section 5 – Hydraulic fracturing for oil and gas and coal gasification
13.Section 5 states the circumstances in which hydraulic fracturing for oil and gas and coal gasification will be a Significant Infrastructure Project. These are:
development that is the exploration, appraisal or production of coal bed methane or shale oil or gas using unconventional extraction techniques including hydraulic fracturing in Wales or the Welsh marine area, except for exploratory boreholes which do not involve the carrying out of hydraulic fracturing, and
development that is the gasification of coal in the strata, with the exclusion of the drilling of boreholes solely for the purpose of core sampling.
Section 6 – Open cast coal mining
14.Section 6 states that the creation of open cast coal mine or the winning and working of coal from an open cast coal mine in Wales is a Significant Infrastructure Project.
Transport
Section 7 – Highways
15.Section 7 provides that the construction of a highway is a Significant Infrastructure Project when:
the highway will be in Wales;
the Welsh Ministers will be the highway authority for the highway;
the highway will be a continuous length of more than 1 kilometre.
16.This section also states that the alteration of a highway is a Significant Infrastructure Project when:
the highway will be in Wales;
the Welsh Ministers will be the highway authority for the highway;
the alteration or improvement is likely to have a significant effect on the environment.
17.Subsections (4) to (6) specify when the construction, alteration or improvement of a highway is not a Significant Infrastructure Project.
Section 8 – Railways
18.Section 8 states that the construction of a railway is a Significant Infrastructure Project when:
the railway will start, end and remain in Wales,
the railway will be part of a network operated by an approved operator,
the railway will include a stretch of track that is a continuous length of more than 2 kilometres, and
the construction of the railway is not permitted development.
19.This section also states that the alteration of a railway is a Significant Infrastructure Project when:
the part of the railway to be altered is part of a railway that starts, ends and remains in Wales,
the railway is part of a network operated by an approved operator,
the alteration of the railway will include laying a stretch of track that is a continuous length of more than 2 kilometres, and
the construction of the railway is not permitted development.
20.Permitted development is development in relation to which planning permission is granted by article 3 of the Town and Country Planning (General Permitted Development) Order 1995 (as it has effect from time to time).
21.This section does not apply to the construction or alteration of a railway to the extent that the railway forms part of a rail freight interchange (see section 9).
Section 9 – Rail freight interchanges
22.Section 9 specifies the circumstances when the construction of a rail freight interchange is a Significant Infrastructure Project. These are:
the land on which the rail freight interchange is situated must:
be in Wales, and
be at least 60 hectares in area,
the rail freight interchange must be capable of handling:
consignments of goods from more than one consignor and to more than one consignee, and
at least four goods trains per day,
the rail freight interchange must be part of the railway network in Wales,
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, and
the rail freight interchange must not be part of a military establishment.
23.This section also specifies the circumstances when the alteration of a rail freight interchange is a Significant Infrastructure Project. These are:
the land on which the rail freight interchange is situated must be in Wales;
the rail freight interchange must be capable of handling:
consignments of goods from more than one consignor and to more than one consignee, and
at least four goods trains per day;
the rail freight interchange must be part of the railway network in Wales;
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;
the rail freight interchange must not be part of a military establishment;
the alteration must increase by at least 60 hectares the area of the land on which the rail freight interchange is situated.
Section 10 – Harbour facilities
24.Section 10 specifies the circumstances when the construction of a harbour facility is a Significant Infrastructure Project. These are:
the project will be wholly in Wales, the Welsh marine area or both,
the project will not be, or will not form part of, a reserved trust port, and
the project can handle the embarkation or disembarkation of at least the relevant quantity of material per year.
25.Alterations to a harbour facility will be a Significant Infrastructure Project when the effect of the alteration is expected to be to increase by at least the relevant quantity of material per year the quantity of material handled by the harbour.
26.Subsections (3) to (6) set out what “the relevant quantity” is.
Section 11 – Airports
27.Section 11 specifies the circumstances when the construction of an airport in Wales or the Welsh marine area is a Significant Infrastructure Project. These are:
the airport will provide air passenger transport services for at least 1 million passengers per year, or
the airport will provide air cargo transport services for at least 5,000 air transport movements of cargo aircraft per year.
28.The section also specifies the circumstances when the alteration of an airport in Wales or the Welsh marine area is a Significant Infrastructure Project. These are:
the alteration will increase by at least 1 million per year the number of passengers for whom the airport can provide air passenger transport services, or
the alteration will increase by at least 5,000 per year the number of air transport movements of cargo aircraft for which the airport can provide air cargo transport services.
29.The section also provides the circumstances when permitted use of an airport in Wales or the Welsh marine area is a Significant Infrastructure Project. These are:
an increase of at least 1 million per year in the number of passengers for whom the airport is permitted to provide air passenger transport services, or
an increase of at least 5,000 per year in the number of air transport movements of cargo aircraft for which the airport is permitted to provide air cargo transport services.
Water
Section 12 – Dams and reservoirs
30.Section 12 specifies the circumstances when development relating to dams and reservoirs will be a Significant Infrastructure Project. These are:
the construction of a dam or reservoir in Wales if the volume of water to be held back by the dam or stored in the reservoir is expected to exceed 10 million cubic metres;
the alteration of a dam or reservoir in Wales if the additional volume of water to be held back by the dam or stored in the reservoir as a result of the alteration is expected to exceed 10 million cubic metres.
Section 13 – Transfer of water resources
31.Section 13 specifies that the transfer of water resources is a Significant Infrastructure Project when:
the development is carried out by one or more water undertakers,
the development takes place in Wales,
the volume of water to be transferred as a result of the development is expected to exceed 100 million cubic metres per year, and
the development enables the transfer of water resources, subject to limitations.
Waste water
Section 14 – Waste water treatment plants
32.Section 14 specifies that the construction or alteration of a waste water treatment plant is a Significant Infrastructure Project when:
the treatment plant is in Wales or the Welsh marine area,
the treatment plant, when constructed, is expected to have a capacity exceeding a population equivalent of 500,000, or,
in the case of an alteration, the effect of the alteration is expected to be to increase by more than a population equivalent of 500,000 the capacity of the plant.
33.The construction or alteration of infrastructure for the transfer or storage of waste water is a Significant Infrastructure Project when:
the infrastructure is in Wales or the Welsh marine area,
the main purpose of the infrastructure is:
the transfer of waste water for treatment, or
the storage of waste water prior to treatment, or both, and
the infrastructure is expected, when constructed, to have a capacity for the storage of waste water exceeding 350,000 cubic metres, or, in the case of an alteration of the infrastructure, the effect of the alteration is expected to be to increase the capacity of the infrastructure for the storage of waste water by more than 350,000 cubic metres.
Waste
Section 15 – Hazardous waste facilities
34.Section 15 specifies that the construction of a hazardous waste facility is a Significant Infrastructure Project if:
the facility is in Wales or the Welsh marine area,
the main purpose of the facility is the final disposal or recovery of hazardous waste, and
the facility is expected to have the capacity specified in subsection (2).
35.The section also specifies that the alteration of a hazardous waste facility is a Significant Infrastructure Project if:
the facility is in Wales or the Welsh marine area,
the main purpose of the facility is the final disposal or recovery of hazardous waste, and
the alteration is expected to increase the capacity of the facility as specified in subsection (3)(c).
Section 16 – Radioactive waste geological disposal facilities
36.Section 16 specifies that development relating to a radioactive waste geological disposal facility is a Significant Infrastructure Project where it is:
the construction of one or more boreholes in Wales or the Welsh marine area to a depth of at least 150 metres beneath the surface of the ground or seabed, and their main purpose is to obtain data or samples to determine the suitability of the site for a radioactive waste geological disposal facility.
the construction of a radioactive waste geological disposal facility in Wales or the Welsh marine area.
Power to amend
Section 17 – Power to add, vary or remove projects
37.Section 17 allows the Welsh Ministers to amend Part 1 by regulations in order to add a new type of project to the definition of significant infrastructure project or to vary or remove the existing significant infrastructure projects defined in the Act. Projects may only be added or varied if the new project, or any variation to an existing project, is for the carrying out of works in the fields of energy, flood prevention, minerals, transport, water, waste water and waste and the works are to be carried out in Wales, the Welsh marine area, or both.
Interpretation
Section 18 – Cross-border projects
38.Section 18 provides that references in Part 1 to development being “in Wales” or “in the Welsh marine area” include development partly in those areas. It also provides that where infrastructure consent is required for development that is partly in Wales or the Welsh marine area, infrastructure consent is required only to the extent the development is in Wales or the Welsh marine area.
