Citation, commencement and interpretation

1. —(1) This Order may be cited as the Infrastructure Planning (Waste Water Transfer and Storage) Order 2012 and comes into force on the day after the day on which it is made.

(2) In this Order, “the Act” means the Planning Act 2008.

Amendments to the Act

2. —(1) The Act is amended as follows.

(2) In section 14 (nationally significant infrastructure projects: general), in subsection (1), at the end of paragraph (o), add “or of infrastructure for the transfer or storage of waste water;”.

(3) In section 29 (waste water treatment plants) —

(a) after subsection (1), insert —

“ (1A) The construction of infrastructure for the transfer or storage of waste water is within section 14(1)(o) only if —

(a) the works will be carried out wholly in England and the infrastructure will (when constructed) be wholly in England,

(b) the main purpose of the infrastructure will be—

(i) the transfer of waste water for treatment, or

(ii) the storage of waste water prior to treatment,

or both, and

(c) the infrastructure is expected to have a capacity for the storage of waste water exceeding 350,000 cubic metres. ” ;

(b) after subsection (2), insert —

“ (2A) The alteration of infrastructure for the transfer or storage of waste water is within section 14(1)(o) only if—

(a) the works will be carried out wholly in England and the part of the infrastructure to be altered is wholly in England,

(b) the main purpose of the infrastructure is —

(i) the transfer of waste water for treatment, or

(ii) the storage of waste water prior to treatment,

or both, and

(c) the effect of the alteration is expected to be to increase the capacity of the infrastructure for the storage of waste water by more than 350,000 cubic metres. ” .

Supplementary provision

3. —(1) For the purpose of any requirement of any provision specified in paragraph (2), where a project is a nationally significant infrastructure project, by virtue of the amendments made by article 2 of this Order, the Secretary of State may treat anything done before the date on which this Order comes into force as compliance with that requirement, if it would have complied with that requirement had it been done after that date.

(2) The provisions referred to in paragraph (1) are any provision of —

(a) Chapter 2 of Part 5 of the Act;

(b) the Infrastructure Planning (Environmental Impact Assessment) Regulations 2009( 2 ); or

(c) the Infrastructure Planning (Application: Prescribed Forms and Procedure) Regulations 2009( 3 ).