The Infrastructure Consent (Compensation for Changing or Revoking Infrastructure Consent Orders) (Wales) Regulations 2026
Title, coming into force and interpretation1.
(1)
The title of these Regulations is the Infrastructure Consent (Compensation for Changing or Revoking Infrastructure Consent Orders) (Wales) Regulations 2026.
(2)
These Regulations come into force on 16 March 2026.
(3)
In these Regulations, “the 2024 Act” means the Infrastructure (Wales) Act 2024.
Claim for compensation2.
(1)
A claim for compensation under paragraph 1 of Schedule 2 to the 2024 Act (changing or revoking an infrastructure consent order: compensation) must—
(a)
contain the following information—
(i)
the name and address of the claimant;
(ii)
the name and address of an agent, if appointed;
(iii)
a statement as to whether the claimant—
(aa)
is a person interested in the land to which the infrastructure consent order relates,
(bb)
is a person interested in minerals on such land, or
(cc)
is a person for whose benefit the infrastructure consent order has effect;
(iv)
the reference number of the infrastructure consent order to which the claim relates;
(v)
details of the expenditure, loss or damage which is the subject of the claim, and
(b)
be accompanied by documentary evidence to support the claim.
(2)
Where a claim is made electronically the Welsh Ministers may request that the claimant deposits one hard copy of the claim and any supporting documentary evidence with them.
(3)
A claim for compensation must be made within 6 months beginning with the day after the day the Welsh Ministers publish the order changing or revoking the infrastructure consent order to which the claim relates under section 92(2) of the 2024 Act.
(4)
In this regulation—
(a)
“claimant” means a person who makes a claim for compensation under paragraph 1 of Schedule 2 to the 2024 Act;
(b)
“infrastructure consent” means the consent required by section 19 of the 2024 Act;
(c)
“infrastructure consent order” means an order made under the 2024 Act granting infrastructure consent.
Compensation for depreciation: minimum amount3.
The minimum amount specified under paragraph 2(1) of Schedule 2 to the 2024 Act (minimum amount of compensation for depreciation) is £20.
The Infrastructure (Wales) Act 2024 (“the 2024 Act”) establishes a unified application and consenting process to enable making and consideration of applications for infrastructure consent. The process applies to the significant infrastructure projects that are specified in Part 1 of the 2024 Act. Broadly, they are energy, transport, waste and water projects.
Part 6 of the 2024 Act makes provision about infrastructure consent orders (orders granting infrastructure consent) including provision giving the Welsh Ministers power, by order, to change or revoke an infrastructure consent order (section 90 of the 2024 Act).
Schedule 2 to the 2024 Act makes provision about compensation where an infrastructure consent order is changed or revoked by the Welsh Ministers without an application being made. These Regulations make provision about the way in which, and the period within which, a claim for compensation under that Schedule must be made. They also specify the minimum amount of compensation for depreciation under paragraph 2 of Schedule 2.
The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to these Regulations. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with these Regulations. A copy can be obtained from the Welsh Government at Cathays Park, Cardiff, CF10 3NQ and is published on the Welsh Government website at www.gov.wales.