| Guvnor

Status: In Force
Penalty ceiling: Prosecution 7 of 46 obligations carry an unlimited fine. 1 carries different penalties and 38 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person17 Applicant2 Director or Officer1

Plus 26 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2679 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Applicant — also bound by 325 other Acts

Insolvency (England and Wales) Rules 2016 46 duties

Human Medicines Regulations 2012 42 duties

The Land Registration Rules 2003 25 duties

Regulation (EU) No 1178/2011 (Aircrew) 20 duties

Value Added Tax Regulations 1995 18 duties

Director or Officer — also bound by 482 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

s.023 Directions for applications to be treated as applications for infrastructure consent Regulated

Other duties (1) — Crown / regulator

Relevant authority must refer redirected applications to Welsh MinistersLocal authority

s.025 Directions under section 22 to 24: general provision Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must give reasons for decisions on requested directionsCrown / Minister / Government department

s.028 Obtaining information about interests in land Regulated

Respond to land information notices with names and addressesAny Person

s.029 Notice of proposed application Regulated

Notify listed parties before applying for infrastructure consentAny Person

s.030 Pre-application consultation and publicity Regulated

Consult and publicise before applying for infrastructure consentApplicant

s.033 Deciding on the validity of an application and notifying the applicant Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must decide validity of infrastructure consent applications and notify the applicantCrown / Minister / Government department

s.034 Notice of accepted applications and publicity Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must give notice and publicise accepted applicationsCrown / Minister / Government department

s.036 Local impact reports Regulated

Other duties (1) — Crown / regulator

Planning authority must submit local impact report when notifiedLocal authority

s.037 Marine impact reports Regulated

Other duties (1) — Crown / regulator

Natural Resources Wales must submit marine impact reportsStatutory regulator

s.038 Notice of persons interested in land to which compulsory acquisition request relates Regulated

Give the Welsh Ministers a notice naming everyone with an interest in the land you want to acquireApplicant

s.040 Appointing an examining authority Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must appoint examining authority for valid consent applicationsCrown / Minister / Government department

s.042 Choice of inquiry, hearing or written procedure Regulated

Other duties (1) — Crown / regulator

Examining authority must decide how applications are examinedCrown / Minister / Government department

s.045 Power to enter land in connection with examination Regulated

Do not obstruct authorised inspectors entering landAny Person

s.046 Power to enter Crown land in connection with examination Regulated

Other duties (1) — Crown / regulator

Authorised persons must get permission before entering Crown landCrown / Minister / Government department

s.047 Power of examining authority to hold local inquiry Prosecution

Fail to comply with local inquiry summons or destroy required documentsAny Person

Unlimited fine

s.048 Access to evidence at inquiry Regulated

Other duties (1) — Crown / regulator

Examining authority must keep inquiry evidence open to the publicCrown / Minister / Government department

s.052 Reports by examining authority Regulated

Other duties (1) — Crown / regulator

Examining authority must report to Welsh Ministers on each applicationCrown / Minister / Government department

s.056 Deciding applications: general considerations Regulated

Other duties (1) — Crown / regulator

Decide infrastructure consent applications in line with relevant Welsh policyCrown / Minister / Government department

s.057 Duty to have regard to specific matters when making decisions on applications Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must consider specified reports and climate change in infrastructure consent decisionsCrown / Minister / Government department

s.059 Timetable for deciding application for infrastructure consent Regulated

Other duties (1) — Crown / regulator

Examining authority/Welsh Ministers must decide consent applications within 52 weeksCrown / Minister / Government department

s.060 Grant or refusal of infrastructure consent Regulated

Other duties (1) — Crown / regulator

Welsh Ministers and examining authority must grant/refuse and notifyCrown / Minister / Government department

s.062 Reasons for decision to grant or refuse infrastructure consent Regulated

Other duties (1) — Crown / regulator

Welsh Ministers and examining authority must give and publish consent reasonsCrown / Minister / Government department

s.072 Notice of authorisation of compulsory acquisition Regulated

Send compulsory acquisition notice to Chief Land RegistrarAny Person

s.073 Public rights of way Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must revive extinguished right of way if acquisition abandonedCrown / Minister / Government department

s.085 Infrastructure consent orders: publication and procedure Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must publish and lay infrastructure consent ordersCrown / Minister / Government department

s.091 Procedure: changing and revoking infrastructure consent orders Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must notify affected parties of consent order changes/revocationsCrown / Minister / Government department

s.092 Changing and revoking infrastructure consent orders: formalities Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must publish and lay consent order decisions before Senedd CymruCrown / Minister / Government department

s.101 Compensation in case where defence of statutory authority applies Regulated

Pay compensation for land injuriously affected by authorised worksAny Person

s.103 Development without infrastructure consent Prosecution

Carry out development without infrastructure consentAny Person

Unlimited fine

s.104 Breach of terms of infrastructure consent order Prosecution

Breach terms of infrastructure consent orderAny Person

Unlimited fine

s.108 Rights of entry: supplementary provisions Prosecution

Intentionally obstruct an authorised person exercising rights of entryAny Person

Unlimited fine

s.111 Power to require information Regulated

Respond to infrastructure information notices with required informationAny Person

s.112 Offences of failing to comply with information notices Prosecution

Fail to comply with information notice or provide false infoAny Person

Unlimited fine

s.115 Power to enter land and take steps required by notice of unauthorised development Prosecution

Obstruct officer entering land to enforce noticeAny Person

Unlimited fine

s.119 Duration etc. of temporary stop notice Regulated

Other duties (1) — Crown / regulator

Planning authority: no reissued stop notice without enforcement actionLocal authority

s.120 Offence of breaching temporary stop notice Prosecution

Breach a temporary stop noticeAny Person

Unlimited fine

s.128 Register of applications and pre-application services Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must keep and publish infrastructure consent registerCrown / Minister / Government department

s.129 Power to consult and duty to respond to consultation Regulated

Other duties (1) — Crown / regulator

Consulted public authorities must give substantive responseLocal authority

s.135 Offences by bodies corporate Regulated

Senior officer liable for corporate infrastructure offenceDirector or Officer

s.138 Giving documents to the Crown Regulated

Send Crown notifications to the appropriate Crown authorityAny Person

s.139 Duties to publish Regulated

Publish required information electronicallyAny Person

107 other provisions — procedural and definitional

s.001 Meaning of “significant infrastructure project”

s.002 Electricity infrastructure

s.003 Liquified natural gas facilities

s.004 Gas reception facilities

s.005 Hydraulic fracturing for oil and gas and coal gasification

s.006 Open cast coal mining

s.007 Highways

s.008 Railways

s.009 Rail freight interchanges

s.010 Harbour facilities

s.011 Airports

s.012 Dams and reservoirs

s.013 Transfer of water resources

s.014 Waste water treatment plants

s.015 Hazardous waste facilities

s.016 Radioactive waste geological disposal facilities

s.017 Power to add, vary or remove projects

s.018 Cross-border projects

s.019 Requirement for infrastructure consent

s.020 Effect of requirement for infrastructure consent

s.021 Power to add or remove types of consent

s.022 Directions specifying development as a significant infrastructure project

s.024 Directions specifying that development is not a significant infrastructure project

s.026 Directions under section 22: regulations about procedure

s.027 Provision of pre-application services

s.031 Change in the person who proposes to apply for infrastructure consent

s.032 Applying for infrastructure consent

s.035 Regulations about notices and publicity

s.039 Consultation post-application in relation to compulsory acquisition

s.041 Examining authority to examine applications

s.043 Open-floor hearings

s.044 Examination procedure

s.049 Payment of appointed representative where access to evidence restricted

s.050 Assessors

s.051 Legal assistance

s.053 Power to direct further examination

s.054 Orders relating to costs of parties on examination proceedings

s.055 Function of deciding applications

s.058 Matters that may be disregarded when making decisions on applications

s.061 Development for which infrastructure consent may be granted

s.063 What may be included in an infrastructure consent order

s.064 Purpose for which compulsory acquisition may be authorised

s.065 Land to which authorisation of compulsory acquisition can relate

s.066 Application of compulsory acquisition provisions

s.067 Compensation for compulsory acquisition

s.068 Statutory undertakers’ land

s.069 National Trust land

s.070 Commons, open spaces etc: compulsory acquisition of land

s.071 Commons, open spaces etc: compulsory acquisition of rights over land

s.074 Power to override easements and other rights

s.075 Extinguishment of rights, and removal of apparatus, of statutory undertakers etc.

s.076 Crown land

s.077 Operation of generating stations

s.078 Keeping electric lines installed above ground

s.079 Diversion of watercourses

s.080 Highways

s.081 Harbours

s.082 Discharge of water

s.083 Deemed consent under a marine licence

s.084 Removing consent requirements and deeming consents

s.086 Meaning of “decision documents” and “error”

s.087 Power to correct errors in decision documents

s.088 Correcting errors: regulations

s.089 Definitions

s.090 Power to change or revoke infrastructure consent orders

s.093 Changing or revoking an infrastructure consent order: compensation

s.094 Duration of infrastructure consent order

s.095 When development begins

s.096 Legal challenges

s.097 Benefit of infrastructure consent order

s.098 Planning obligations

s.099 Blighted land

s.100 Nuisance: statutory authority

s.102 Meaning of “land”

s.105 Time limits

s.106 Powers to enter land for enforcement purposes

s.107 Warrant to enter land

s.109 Rights of entry: Crown land

s.110 Marine enforcement powers

s.113 Notice of unauthorised development

s.114 Order to permit steps required by notice of unauthorised development

s.116 Recovery of costs of compliance with notice of unauthorised development

s.117 Power to issue temporary stop notice

s.118 Restrictions on power to issue temporary stop notice

s.121 Compensation for loss due to notice

s.122 Injunction to restrain prohibited activity

s.123 Meaning of “relevant planning authority”

s.124 Fees for performance of infrastructure consent functions and services

s.125 Powers of entry to survey land

s.126 Powers of entry to survey land: Crown land

s.127 Infrastructure policy statements

s.130 Directions to public authorities

s.131 Power to disapply requirements

s.132 Applications by the Crown

s.133 Meaning of “development”

s.134 Crown land and “the appropriate Crown authority”

s.136 Giving notices and other documents

s.137 Giving notices etc. to persons occupying or with an interest in land

s.140 Regulations and orders: restrictions

s.141 Regulations: procedure

s.142 Directions: general

s.143 General interpretation

s.144 Power to make consequential and transitional provision etc.

s.145 Consequential amendments and repeals

s.146 Transitional and saving provision

s.147 Coming into force

s.148 Short title

Schedules

5 of 61 shown

s.sch002 Apportionment of compensation for depreciation and determination of disputes Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must apportion compensation and notify affected partiesCrown / Minister / Government department

s.sch002 Notice of compensation for depreciation Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must serve compensation notice on councilsCrown / Minister / Government department

s.sch002 Development not to be carried out until compensation paid or secured Regulated

Do not start development until compensation is paid or securedAny Person

s.sch002 Amount recoverable by Welsh Ministers in respect of compensation Regulated

Other duties (1) — Crown / regulator

Welsh Ministers must update compensation notice when deferring partCrown / Minister / Government department

s.sch002 Payment etc. of amount recoverable Regulated

Pay recoverable compensation to Welsh Ministers as directedAny Person

56 other schedules

s.sch001 The acquisition of land, compulsorily or by agreement.

s.sch001 Cutting down, uprooting, topping or lopping trees or shrubs or...

s.sch001 The removal, disposal or re-siting of apparatus.

s.sch001 Carrying out civil engineering or other works.

s.sch001 The diversion of navigable or non-navigable watercourses.

s.sch001 The stopping up or diversion of highways.

s.sch001 Charging tolls, fares (including penalty fares) and other charges.

s.sch001 The designation of a highway as a trunk road or...

s.sch001 The specification of the classes of traffic authorised to use...

s.sch001 The appropriation of a highway for which the person proposing...

s.sch001 The transfer to the person proposing to construct or improve...

s.sch001 The creation, suspension or extinguishment of, or interference with, interests...

s.sch001 The specification of the highway authority for a highway.

s.sch001 The operation and maintenance of a transport system.

s.sch001 Entering into an agreement for the provision of police services....

s.sch001 The discharge of water into inland waters or underground strata....

s.sch001 Deeming a marine licence under Part 4 of the Marine...

s.sch001 Deeming any such conditions to have been attached to the...

s.sch001 The creation of a harbour authority.

s.sch001 Changing the powers and duties of a harbour authority.

s.sch001 The making of byelaws by any person and their enforcement....

s.sch001 (1) The creation of offences within sub-paragraph (2) in connection...

s.sch001 The abrogation or modification of agreements relating to land.

s.sch001 The transfer of property, rights, liabilities or functions.

s.sch001 The transfer, leasing, suspension, discontinuance and revival of undertakings.

s.sch001 The payment of contributions.

s.sch001 The payment of compensation.

s.sch001 The submission of disputes to arbitration.

s.sch001 The alteration of borrowing limits.

s.sch001 (1) This paragraph applies for the purposes of this Schedule....

s.sch001 Carrying out specified excavation, mining, quarrying or boring operations in...

s.sch001 The operation of a generating station.

s.sch001 Keeping electric lines installed above ground.

s.sch001 The protection of the property or interests of any person....

s.sch001 The imposition or exclusion of obligations or liability in respect...

s.sch001 Carrying out surveys or taking soil samples.

s.sch002 Changing or revoking an infrastructure consent order: compensation

s.sch002 Determination of claims for compensation

s.sch002 Compensation for depreciation: introduction and key terms

s.sch002 Recovery of compensation from acquiring authority on compulsory acquisition or sale

s.sch002 General provisions about compensation for depreciation

s.sch003 Harbours Act 1964 (c. 40)

s.sch003 Marine and Coastal Access Act 2009 (c. 23)

s.sch003 Flood and Water Management Act 2010 (c. 29)

s.sch003 Planning (Wales) Act 2015 (anaw 4)

s.sch003 Infrastructure Act 2015 (c. 7)

s.sch003 Housing and Planning Act 2016 (c. 22)

s.sch003 Historic Environment (Wales) Act 2023 (asc 3)

s.sch003 Highways Act 1980 (c. 66)

s.sch003 Electricity Act 1989 (c. 29)

s.sch003 Town and Country Planning Act 1990 (c. 8)

s.sch003 Planning (Hazardous Substances) Act 1990 (c. 10)

s.sch003 New Roads and Street Works Act 1991 (c. 22)

s.sch003 Transport and Works Act 1992 (c. 42)

s.sch003 Coal Industry Act 1994 (c. 21)

s.sch003 Planning and Compulsory Purchase Act 2004 (c. 5)

Help complying

Guvnor’s practical routes through this instrument.

Construction compliance in Wales

How construction compliance differs in Wales, covering the devolved planning system, mandatory SuDS approval, environmental permitting through Natural Resources Wales, and the …

1 more guide that reference this instrument

Welsh infrastructure consent: former DNS route

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.

Infrastructure (Wales) Act 2024

Does it bind you?

Other Acts binding the same actors

What it requires

Schedules

Help complying

Construction compliance in Wales