{
  "url": "https://openlegislation.uk/energy-act-2008-commencement-no-4-and-transitional-provisions-order-2009/article-4",
  "json_url": "https://openlegislation.uk/energy-act-2008-commencement-no-4-and-transitional-provisions-order-2009/article-4.json",
  "legislation": "uksi/2009/2809",
  "legislation_title": "The Energy Act 2008 (Commencement No. 4 and Transitional Provisions) Order 2009",
  "legislation_url": "https://openlegislation.uk/energy-act-2008-commencement-no-4-and-transitional-provisions-order-2009",
  "path": "article/4",
  "kind": "article",
  "number": "4",
  "heading": "Transitional provisions: Food and Environment Protection Act 1985",
  "text": "(1) Paragraph (2) applies where—\n(a) immediately before the commencement date a person holds a FEPA licence for the deposit of a substance or article in the sea or under the sea-bed (“a licensed deposit”); and\n(b) that deposit is made in the course of carrying on an activity within section 2(3) of the Act.\n(2) Notwithstanding the provisions of the Act commenced by this Order, a licence under section 4 of the Act is not required for that deposit (but this is without prejudice to the requirement for such a licence in respect of any operation, such as the recovery of stored gas, that does not consist in the making of a licensed deposit).\n(3) However—\n(a) nothing in paragraph (2) affects any requirement for a licence under section 4 of the Act in respect of the drilling of a well or borehole; and\n(b) paragraph (2) ceases to apply if, on or after the commencement date, the FEPA licence is varied, expires or is revoked.\n(4) In this article—\n(a) a reference to a licence under section 4 of the Act includes a reference to a consent given under such a licence; and\n(b) “FEPA licence” means a licence required by section 5 of the Food and Environment Protection Act 1985.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "1985 c. 48; section 5 was amended by sections 146 and 162 of, and Part 8 of Schedule 16 to, the Environmental Protection Act 1990 (c. 43), and by Part 2 of Schedule 1 to the Statute Law (Repeals) Act 1993 (c. 50)."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2009/2809/article/4",
    "retrieved_at": "2026-10-29T03:03:57.896369+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}