Part 8 – Supplementary functions
327.Part 8 of the Act provides a number of supplementary functions, mainly for the Welsh Ministers, to facilitate the operation of the system established by the Act and to give the Welsh Ministers powers to make regulations to apply fees, adjust the system by disapplying its requirements or making special provision for applications by the Crown (which includes Crown offices and bodies).
Fees
Section 124 – Fees for performance of infrastructure consent functions and services
328.This section provides the Welsh Ministers power to make regulations in relation to the charging of fees by a specified public authority for performing an infrastructure consent function and for the provision of an infrastructure consent service. The regulations may confer a function on any person and may provide for the amounts of fees to be calculated by reference to costs incurred in the performance of any infrastructure consent function.
329.The regulations may make provisions about (among other things):
when a fee may, and may not, be charged;
the amount that may be charged;
what may, and may not, be taken into account in calculating the amount charged;
who is liable to pay a fee charged;
to whom fees are to be paid;
when a fee charged is payable;
the recovery of fees charged;
waiver, reduction or repayment of fees;
the effect of paying or failing to pay fees charged;
the transfer of fees payable to one person to another person;
the supply or publication of information for any purpose of the regulations.
Right of entry
Section 125 – Powers of entry to survey land
330.This section provides a power for a person with authorisation from Welsh Ministers to enter land for the purposes of surveying or taking levels of that land in connection with:
an application for infrastructure consent (or a proposed application);
an infrastructure consent order that authorised the compulsory acquisition of that land or an interest in it or a right over it.
331.This section requires an authorised person entering land to produce evidence of that authorisation, if requested, provide notice of intended entry if the land is occupied and comply with any conditions set out in the authorisation. An authorised person may also take any other persons that are necessary on to the land and must, if leaving the land when no owner or occupier is present, leave it as effectively secured against trespassers as they found it.
332.Authorisation to survey land also includes the right to search and bore to determine the nature of soil or presence of minerals if prior notice of this intention has been provided.
333.This section provides that an offence is committed if a person authorised to enter land is intentionally obstructed from doing so.
334.Compensation for any damage caused to the land or property may be recovered from the person authorised to enter the land.
Section 126 – Powers of entry to survey land: Crown Land
335.This section provides that the powers set out in section 125 also apply to Crown land, subject to the person exercising the power gaining permission to enter the land from the person who appears to have the authority to give it or the appropriate Crown authority (which is defined in section 134).
336.This section also provides that specified subsections of section 125 do not apply in relation to Crown Land.
Infrastructure policy statements
Section 127 – Infrastructure policy statements
337.This section gives Welsh Minsters the power, by notice, to designate a document as an infrastructure policy statement, if it is a document issued by the Welsh Ministers and sets out a policy to guide decision making in relation to significant infrastructure projects. The Welsh Ministers may withdraw the designation of a document as an infrastructure policy statement by notice in writing. Subsection (4) requires the Welsh Ministers to publish and lay before Senedd Cymru each notice designating a document as an infrastructure policy statement and each notice of withdrawal of the designation of a document as an infrastructure policy statement. Subsections (5) and (6) further require the Welsh Ministers to lay any document designated as an infrastructure policy statement before the Senedd and to publish it, if they have not done so previously.
338.The significance of a document being designated under this section is that an examining authority or the Welsh Ministers (as the case may be) must decide an application for infrastructure consent by having regard to any relevant infrastructure policy statement (see section 56(1)).
Register of applications and pre-application services
Section 128 – Register of applications and pre-application services
339.Section 128 requires the Welsh Ministers to maintain a register of:
applications for infrastructure consent;
applications received by the Welsh Ministers for pre-application services;
pre-application services provided by the Welsh Ministers.
340.The Welsh Ministers must include details in the register of valid applications, requests for pre-application services and pre-application services provided.
341.The register must be published (subsection (5)).
342.The Welsh Ministers may, by regulations, require a planning authority to maintain a register of the applications for infrastructure consent in its area, of applications for pre-application services received by the planning authority and of any pre-application services provided by the authority (subsection (6)).
343.The Welsh Ministers may, by regulations, also require Natural Resources Wales to maintain a register of applications that they receive for pre-application services, as well as any pre-application services provided by them in respect of an application.
344.Subsection (8) enables the Welsh Ministers to make regulations in relation to the form, content of any register required by or under the section and may make other provision in respect of public access to documents relating to entries in the register or the timing of entries.
Statutory consultees
Section 129 – Power to consult and duty to respond to consultation
345.Section 129 gives a power to the Welsh Ministers or an examining authority to consult a public authority specified in regulations as part of the examination process with the result that the authority has a duty to give a substantive response to that consultation within a specified timeframe.
346.Regulations may make provision about such consultations.
Welsh Ministers’ directions
Section 130 – Directions to public authorities
347.Section 130 allows the Welsh Ministers to give a direction to a planning authority, Natural Resources Wales or a devolved Welsh authority specified in regulations, to do things in respect of an application.
348.Subsection (3) provides that directions may relate to specific applications or authorities or to applications or authorities generally.
349.Regulations may make provision for or in connection with the recovery of costs incurred by public authorities for things done pursuant to a direction of the Welsh Ministers (subsection (4)).
Section 131 – Power to disapply requirements
350.Under section 131 the Welsh Ministers may make regulations giving the Welsh Ministers power to direct that requirements imposed by, under or by virtue of this Act may be disapplied in a case specified in the direction.
351.The regulations must specify the requirements that may be disapplied by direction and impose a duty on the Welsh Ministers to publish any direction and to lay a statement about the direction before Senedd Cymru explaining its effect and why it was made.
Regulations about Crown applications
Section 132 – Applications by the Crown
352.Section 132 provides the Welsh Ministers with the power to make regulations which may modify or exclude any enactments in relation to applications made by the Crown for infrastructure consent or to change or revoke an infrastructure consent order.
353.The regulations may modify or exclude any enactment relating to–
the procedure to be followed before a Crown application is made,
the making of a Crown application, and
the decision-making process for such an application.
