Part 2: Legislative and executive competence: further provision Chapter 13: Planning for electricity generating stations Section 39: Development consent for generating stations with 350MW capacity or less
Section 39 gives effect to the policy intention to devolve to Wales the responsibility for energy planning development consents for electricity generating station projects up to and including 350MW onshore and in Welsh territorial waters.
	Subsections (1)-(6) - The combined effect of these subsections is to dis-apply the requirement that development consent needs to be sought from the Secretary of State under the Planning Act 2008 ("the 2008 Act") for electricity generating stations in Wales and in Welsh territorial waters provided that the projects (not including onshore wind powered generating stations) do not exceed a generating capacity of 350MW(onshore wind powered generating stations were removed from the need for development consent under the 2008 Act by the Infrastructure Planning (Onshore Wind Generating Stations) Order 2016/306)
	Subsections (7)-(13) - The disapplication in subsections (1) - (6) would without further provision leave electricity generating stations above 50MW but below 350MW to be consented under section 36 of the Electricity Act 1989. The combined effect of subsections (7) - (13) is to remove the requirement for consent under section 36 of the Electricity Act 1989 provided the project does not have a generating capacity greater than 350MW. The result is that such projects will require planning permission through the devolved town and country planning regime, currently the Town and Country Planning Act 1990. As the regime under the Town and Country Planning Act 1990 does not apply offshore, functions under section 36 of the Electricity Act 1989 are devolved to the Welsh Ministers for the determination of energy projects not exceeding 350MW in Welsh territorial waters and in the Welsh Zone.