Commentary on Sections Provision in orders: general Section 63 – What may be included in an infrastructure consent order
173.This section specifies what may be included in an infrastructure consent order.
174.Subsections (1) and (2) provide that an infrastructure consent order may impose requirements relating to the development for which infrastructure consent is granted. The types of requirements which may be imposed include those corresponding to conditions which could have been imposed on the grant of any permission, consent and authorisation, or the giving of any notice which would have been required for the development but for section 20(1) or any provision made under section 84. The requirements that may be imposed also include the obligation to obtain the approval of the Welsh Ministers or any other person, so far as not within section 63(2)(a).
175.Subsection (3) provides that an infrastructure consent order may also make provision relating to, or to matters ancillary to, the development for which consent is granted. The provisions that may be made under this subsection include (but are not limited to) provisions that relate to any of the matters listed in Schedule 1.
176.Subsection (4) specifies that the provision that may be made under subsection (3) includes provision relating to any of the matters specified in Part 1 of Schedule 1.
177.Subsection (5) provides that regulations may add a matter to Part 1 of Schedule 1 or vary or remove any matter listed in Part 1 of Schedule 1.
178.Subsection (6) provides that an infrastructure consent order may apply, modify or exclude an enactment which relates to any matter for which provision may be made in the order. An infrastructure consent order may also amend, repeal or revoke enactments of local application that appear to the Welsh Ministers to be appropriate in consequence of a provision of the order or in connection with the order. An infrastructure consent order may also include such provisions that appear to the Welsh Ministers to be appropriate to give full effect to any other provisions in the order and may also include any incidental, consequential, supplementary, transitional or saving provisions.
179.Subsection (7) states that infrastructure consent orders may not create offences, confer power to create an offence or change an existing power to create offences unless the provision relates to any of the matters listed in paragraph 29(1) of Schedule 1 (creation of certain offences).
180.Subsection (8) states that, to the extent that provision for or relating to a matter may be included in an infrastructure consent order, no provision can be made of the kind of an order under section 14 or 16 of the Harbour Act 1964 or an order under section 1 or 3 of the Transport and Works Act 1992.