Part 2: Legislative and executive competence: further provision Chapter 13: Planning for electricity generating stations Section 40: Generating stations and public rights of navigation
Section 40 transfers certain functions under sections 36A and section 36B of the Electricity Act 1989 to Welsh Ministers for offshore generating station consents not exceeding 350MW. Section 39 will amend section 36A of the Electricity Act 1989, such that Welsh Ministers will in the future be able to make declarations extinguishing public rights of navigation, so as to ensure safety, out to the seaward limits of the territorial sea, in relation to generating stations up to 350MW.
	Section 36B of the Electricity Act 1989 will be amended to allow for the imposition of navigation duties by Welsh Ministers in relation to generating station consents up to 350MW in waters adjacent to Wales out to the seaward extent of the "Welsh zone", as defined in section 158(1) of GoWA.