Marine and Coastal Access Act 2009

Part 3 Food and Environment Protection Act 1985

Licences previously issued and outstanding applications

4 (1) Any licence having effect under Part 2 of FEPA (a “FEPA licence”) which—

(a) is in effect immediately before the commencement date, and

(b) relates to the doing of anything which—

(i) falls within section 5 or 6 of that Act, and

(ii) is an activity which, on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,

has effect on and after that date as if it were a marine licence granted by the appropriate licensing authority in relation to that activity (a “deemed licence”).

(2) In accordance with sub-paragraph (1)—

(a) a licence issued for a specified period remains in force (subject to the provisions of this Part of this Act) for so much of that period as falls after the commencement date;

(b) any provision included in a FEPA licence by virtue of section 8(3) or (4) of that Act has effect as if it were a condition attached to the deemed licence.

(3) Any reference in sub-paragraph (1) or (2) to a FEPA licence, or to a provision included in such a licence, includes a reference to a licence deemed to have been issued, or a provision deemed to have been included, by virtue of provision included in a order granting development consent (see paragraphs 29 and 30 of Schedule 5 to the Planning Act 2008 (c. 29)).

(4) Any application for a FEPA licence which—

(a) was made before the commencement date, and

(b) relates to an activity which—

(i) falls within section 5 or 6 of FEPA, and

(ii) on or after that date, must not be carried on except in accordance with a marine licence granted by the appropriate licensing authority,

has effect on and after that date as if it were an application for a marine licence made to the appropriate licensing authority in relation to that activity.

(5) An applicant who has paid a fee under section 8(7) or (8) of FEPA must not be charged a fee under section 67(1)(b) of this Act in respect of the deemed licence.

5 (1) Despite the amendments made by paragraph 2 of Schedule 8, paragraphs 5 to 17 of Schedule 3 to FEPA continue to apply in any case where a person—

(a) makes written representations (in accordance with paragraph 5 of that Schedule) before the commencement date, or

(b) within the period of 28 days ending with that date, is issued with a FEPA licence or receives notice under paragraph 1, 3 or 4 of that Schedule.

(2) Sub-paragraph (1) has effect in place of any provision made under section 73 of this Act for appeals against any decision of an appropriate licensing authority on an application for a licence.

Remedial action

6 The amendments made by paragraph 2 of Schedule 8 do not affect the operation of section 10 of FEPA in relation to anything carried out otherwise than under and in accordance with a FEPA licence before the commencement date.

Register

7 (1) This paragraph applies in any case where—

(a) immediately before the commencement date, an authority was required to maintain under section 14 of FEPA a register (the “FEPA register”) containing information of any particular description in respect of any particular area,

(b) on that date the authority ceased to be required to maintain a register under that section containing information of that description in respect of that area, and

(c) as from that date the authority is required to maintain a register under section 101 of this Act (the “new register”) containing information in respect of that area.

(2) In any such case, the authority must include in the new register any information falling within sub-paragraph (1)(a) that was contained (or was required to have been contained) in the FEPA register immediately before the commencement date.

(3) For the purpose of giving effect to this paragraph—

(a) references in section 101 to marine licences are to be read as including references to FEPA licences, and

(b) references in that section to this Part of this Act or to any provision of this Part are to be read as including references to Part 2 of FEPA or to the corresponding provision of that Part.

Channel Islands and British overseas territories

8 (1) In this paragraph “relevant territory” means any of the following—

(a) any of the Channel Islands;

(b) any British overseas territory.

(2) An Order in Council under section 26 of FEPA which is in force immediately before the commencement date remains in force, and may be revoked, amended or re-enacted, as if that section had not been repealed.

(3) If it appears to Her Majesty—

(a) that provision with respect to the licensing of marine activities has been made in the law of any relevant territory, and

(b) that that provision was made otherwise than by virtue of an Order in Council under section 323 extending provisions of this Act,

Her Majesty may by Order in Council repeal any provisions of Part 2 or 4 of FEPA as they have effect as part of the law of that territory.