36 Consent required for construction etc of generating stations

36  Consent required for construction etc of generating stations

(1)     Subject to subsections [(1A) to] (2) and (4) below, a generating station shall not be constructed [at a relevant place (within the meaning of section 4), and a generating station at such a place shall not be] extended or operated except in accordance with a consent granted by the [appropriate authority].

[(1A)     So far as relating to the construction or extension of a generating station, subsection (1) is subject to section 33(1) of the Planning Act 2008 (exclusion of requirement for other consents for development for which development consent required) [and section 20(1) of the Infrastructure (Wales) Act 2024 (exclusion of requirement for other consents for development for which infrastructure consent is required)].

(1B)     So far as relating to the operation of a generating station, subsection (1) does not apply if the operation is authorised by an order granting development consent under the Planning Act 2008 [and subsection (1) does not apply if the operation is authorised by an infrastructure consent order under the Infrastructure (Wales) Act 2024].]

[(1C)     This section is subject to section 12 of the Marine and Coastal Access Act 2009 (which transfers certain functions of the Secretary

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