Paragraph 4 I1

(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.

Annotations

Commencement

I1: Sch. 9 para. 4 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)