Infrastructure (Wales) Act 2024

8 Railways E+W

(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)

  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

  (b)

  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).

Commencement Information

I1 S. 8 in force at 4.6.2024, see s. 147(1)(a)