Welsh Governments New Infrastructure Consent Regulations 2025: What You Need to Know

The Welsh Government has set the stage for significant changes in how major infrastructure projects are approved and executed with the introduction of the Infrastructure Consent (Compulsory Acquisition) (Wales) Regulations 2025. These regulations, coming into effect on December 15, 2025, are a crucial component of the Infrastructure (Wales) Act 2024, which aims to streamline the application and consent process for major infrastructure projects. Here's a breakdown of what this means for Wales.

Understanding the 2024 Act

The Infrastructure (Wales) Act 2024 lays the groundwork for a unified application and consent process for significant infrastructure projects, covering energy, transport, waste, and water. The Act specifies the requirement for infrastructure consent and outlines the procedures for applying, examining, and deciding on such applications.

Key Features of the 2025 Regulations

1. Pre-Application and Application Procedures: Supplementing the 2024 Act, the 2025 Application Regulations detail the pre-application requirements and the application process for obtaining infrastructure consent.

2. Inspection and Decision-Making: The 2025 Examination Regulations specify procedures related to the examination of applications, including preparations and post-inspection processes.

3. Compulsory Land Acquisition: A significant aspect of the new regulations is the provision for compulsory land acquisition, which involves additional procedures and requirements when an application includes such a request.

Detailed Structure of the 2025 Regulations

• Part 1: General Provisions - Outlines the scope and application of the regulations, including definitions and the requirement for written notifications and documents.

• Part 2: Pre-Application Consultation and Publicity - Details the consultation and publicity requirements before submitting an application that includes a compulsory acquisition request.

• Part 3: Application Procedures - Specifies the additional requirements for applications involving compulsory acquisition, such as financial statements and land plans.

• Part 4: Amending Applications - Covers procedures for amending applications to include additional land for compulsory acquisition.

• Part 5: Comments and Responses - Describes how comments from interested parties should be managed and communicated to the applicant.

• Part 6: Examination Procedure - Outlines the procedure for examining applications, including meetings and setting timelines for decisions.

• Part 7: Post-Consent Procedures - Discusses the steps after granting infrastructure consent, particularly concerning compulsory land acquisition.

Impact Assessment and Availability

The Welsh Government has prepared a regulatory impact assessment to evaluate the costs and benefits of complying with these new regulations. This assessment is available from the Welsh Government and online for public access.

These regulations represent a significant step in improving the efficiency and transparency of the infrastructure consent process in Wales, ensuring that major projects are conducted with proper oversight and community involvement. As these regulations take effect, stakeholders in infrastructure development will need to familiarize themselves with these new requirements to ensure compliance and successful project execution.