The Infrastructure Consent (Fees) (Wales) (Amendment) Regulations 2026

Welsh Statutory Instruments

2026 No. 70

infrastructure planning, wales

The Infrastructure Consent (Fees) (Wales) (Amendment) Regulations 2026

Made

4 March 2026

Coming into force

16 March 2026

The Welsh Ministers make the following Regulations in exercise of the powers conferred upon them by sections 124(1), (4), (5) and (6), 140(1) and (2)(1) and 141(2)(a) of the Infrastructure (Wales) Act 2024(2).

In accordance with the Senedd approval procedure applied by section 141(3) of that Act a draft of this Welsh statutory instrument was laid before, and approved by resolution of, Senedd Cymru.

Title and coming into force

1.—(1) The title of these Regulations is the Infrastructure Consent (Fees) (Wales) (Amendment) Regulations 2026.

(2) These Regulations come into force on 16 March 2026.

Amendments to the Infrastructure Consent (Fees) (Wales) Regulations 2025

2.—(1) The Infrastructure Consent (Fees) (Wales) Regulations 2025(3) are amended as follows.

(2) In regulation 2(1) (interpretation)—

(a) in the definition of “applicant”, after “means” insert “, except in Part 6,”;

(b) in the definition of “application”, after “means” insert “, except in Part 6,”.

(3) After Part 5 (fees payable for other services) insert—

“part 6 Fees for proposed applications and applications to change or revoke an infrastructure consent order

Interpretation of Part

15.   In this Part—

“the 2026 Regulations” (“Rheoliadau 2026”) means the Infrastructure Consent (Correcting Errors and Applications to Change or Revoke Infrastructure Consent Orders) (Procedure) (Wales) Regulations 2026;

“applicant” (“ceisydd”) means a person who proposes to make, or has made, an application to change or revoke an infrastructure consent order;

“application to change or revoke an infrastructure consent order” (“cais i newid neu ddirymu gorchymyn cydsyniad seilwaith”) means an application under section 90 of the 2024 Act;

“infrastructure consent order” (“gorchymyn cydsyniad seilwaith”) means an order made under the 2024 Act granting infrastructure consent.

Fee for giving notice of proposed application to change or revoke an infrastructure consent order

16.— (1) An applicant who gives notice of proposed application under regulation 6 of the 2026 Regulations must pay a fee to the Welsh Ministers with the notice.

(2) The fee payable under paragraph (1) is the amount published on a website maintained by or on behalf of the Welsh Ministers.

(3) The Welsh Ministers must—

(a) publish the fee payable on the website no less than one month before the fee comes into force, and

(b) ensure the fee payable does not exceed the costs reasonably incurred by them in dealing with the notice, taking one financial year with another.

Fees for applications to change or revoke an infrastructure consent order

17.— (1) An applicant who makes any of the following applications must pay a fee to the Welsh Ministers when the application is made—

(a) an application for a non-material change;

(b) an application for a material change;

(c) an application for revocation

(2) An applicant who receives a notice of acceptance which includes provision under regulation 7(5) of the 2026 Regulations that the applicant’s notice of proposed application is to be treated as an application must pay a fee to the Welsh Ministers on receipt of the notice of acceptance.

(3) The fees payable under this regulation are the amounts published on a website maintained by or on behalf of the Welsh Ministers.

(4) The Welsh Ministers must ensure that the following information is published on the website—

(a) details of the functions for which the fees are charged,

(b) the fees payable,

(c) the method used to calculate the fees, and

(d) the enactment under which the relevant functions are provided.

(5) The Welsh Ministers must—

(a) publish the fee for each kind of application specified in paragraph (1) and the fee payable under paragraph (2) on the website no less than one month before the fee comes into force;

(b) ensure the fee payable does not exceed the costs reasonably incurred by them in performing the relevant functions, taking one financial year with another.

(6) In this regulation—

“application for a material change” (“cais am newid sylweddol”) has the meaning given in regulation 9(1)(b)(i) of the 2026 Regulations;

“application for a non-material change” (“cais am newid ansylweddol”) has the meaning given in regulation 15(1)(b) of the 2026 Regulations;

“application for revocation” (“cais am ddirymiad”) has the meaning given in regulation 9(1)(b)(ii) of the 2026 Regulations;

“notice of acceptance” (“hysbysiad derbyn”) means a notice given under regulation 7(3) of the 2026 Regulations;

“notice of proposed application” (“hysbysiad o gais arfaethedig”) means a notice given in accordance with regulation 6 of the 2026 Regulations.

Fee for examining an application to change or revoke an infrastructure consent order

18.— (1) Where a person or panel of persons is appointed under section 40(2) of the 2024 Act to examine an application to change or revoke an infrastructure consent order (“examining authority”), an applicant must pay a fee to the Welsh Ministers.

(2) The fee under paragraph (1) must be paid to the Welsh Ministers on receipt of notice under regulation 28(1)(a) of the 2026 Regulations of the first appointment of an examining authority.

(3) The fee payable under this regulation is the amount published on a website maintained by or on behalf of the Welsh Ministers.

(4) The Welsh Ministers must ensure that the following information is published on the website—

(a) details of the functions for which the fee is charged,

(b) the fee payable,

(c) the method used to calculate the fee, and

(d) the enactment under which the relevant functions are provided.

(5) The Welsh Ministers must—

(a) publish the fee on the website no less than one month before the fee comes into force;

(b) ensure the fee payable does not exceed the costs reasonably incurred by them in performing the relevant functions, taking one financial year with another.

(6) In this regulation “examining authority” has the meaning given in paragraph (1).

Refund of unspent fees in connection with applications to change or revoke an infrastructure consent order

19.   The Welsh Ministers must refund to the applicant any part of the fee paid under regulation 17 or 18 which was not spent after the determination of the application to change or revoke an infrastructure consent order.

Fees payable to relevant statutory consultees and relevant planning authorities

20.   Regulation 13 applies to applications to change or revoke an infrastructure consent order as it applies to applications for infrastructure consent under section 32 of the 2024 Act but as if—

(a) “applicant” had the meaning given in regulation 15;

(b) in paragraph (7)—

(i) for the definition of “relevant planning authority” there were substituted—

““relevant planning authority” (“awdurdod cynllunio perthnasol”) means a planning authority that provides services in connection with a proposed application or an application to change or revoke an infrastructure consent order;”

(ii) for the definition of “relevant statutory consultee” there were substituted—

““relevant statutory consultee” (“ymgynghorai statudol perthnasol”) means a statutory consultee or an original statutory consultee within the meanings given in regulation 2(1) of the 2026 Regulations;””.

Rebecca Evans

Cabinet Secretary for Economy, Energy and Planning, one of the Welsh Ministers

4 March 2026

EXPLANATORY NOTE

(This note is not part of the Regulations)

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 giving the Welsh Ministers power, by order, to change or revoke an infrastructure consent order (section 90 of the 2024 Act).

The 2024 Act enables the Welsh Ministers to make provision for or in connection with the charging of fees by specified public authorities for the performance of an infrastructure consent function and the provision of an infrastructure consent service (as defined in section 124 of the 2024 Act).

These Regulations amend the Infrastructure Consent (Fees) (Wales) Regulations 2025 to make provision for the charging of fees in connection with applications and proposed applications to make a change to, or revoke, an infrastructure consent order.

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.

(1)

For the meaning of “appropriate minister” see section 140(4) of the Infrastructure (Wales) Act 2024 (asc 3); see section 140(3) otherwise.

(2)

2024 asc 3.

(3)

S.I. 2025/883 (W. 153).