Wales Act 2017

Marine and Coastal Access Act 2009 (c. 23)

81 (1) Section 79 of that Act (special procedure for applications relating to certain electricity works) is amended as follows.

(2) In subsection (5), after “subsection (6)(c) or (d)” insert “or (6A)(b)”.

(3) In subsection (6), at the beginning insert “Subject to subsection (6B),”.

(4) After that subsection insert—

“(6A) The Welsh Ministers may by regulations—

(a) make provision falling within subsection (7) for cases where—

(i) the Welsh Ministers are both the marine licence authority and the generating station authority, and

(ii) they have decided that the two applications are to be considered together and have given notice of that decision to the applicant;

(b) make provision falling within subsection (7) or (8) for cases where—

(i) the Welsh Ministers are both the marine licence authority and the generating station authority, and

(ii) they have concluded that one of the applications is not going to be made.

(6B) The Secretary of State may not make provision under this section for cases where the Welsh Ministers are both the marine licence authority and the generating station authority.”

(5) In subsection (9), in the definition of “generating station authority”, at the end insert—

“(c) the Welsh Ministers, in any case where the generating station application falls (or would fall) to be determined by the Welsh Ministers;”.