Article 5 FEPA licences previously issued and outstanding applications

(1)

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

(a)

is in effect immediately before 6th April 2011, and

(b)

relates to the doing of anything which—

(i)

falls with section 5 or 6 of that Act^f1, and

(ii)

is an activity which, on or after that date, must not be carried on except in accordance with a marine licence,

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

(2)

In accordance with paragraph (1)—

(a)

a licence issued for a specified period remains in force (subject to the provisions of Part 4 of the Act) for so much of that period as falls after 5th April 2011;

(b)

any provision included in a FEPA licence by virtue of section 8(3) or (4) of that Act^f2 has effect as if it were a condition attached to the deemed licence.

(3)

Any application for a FEPA licence which—

(a)

was made before 6th April 2011, 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,

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

(4)

An applicant who has paid a fee under section 8(7) or (8) of FEPA must not be charged a fee under section 25(1)(b) of the Act in respect of the deemed licence.

Annotations

Footnotes

f1: Sections 5 and 6 are relevantly amended by the Marine and Coastal Access Act 2009 (c.23), Schedule 8, paragraph 2(2) and (3).
f2: Section 8(4) is amended by the Marine and Coastal Access Act 2009, Schedule 8, paragraph 2(5)(a).