OpenLegislation

Paragraph 9 I1C1

(1)

During the relevant transitional period, section 65 does not apply in respect of the carrying on by a person of a dredging operation—

(a)

which falls within item 9 in section 66(1) of this Act, but

(b)

which meets the conditions in sub-paragraph (2).

(2)

The conditions are that the dredging operation—

(a)

does not fall within section 34 of the CPA,

(b)

is not an activity for which a licence is required under Part 2 of FEPA, and

(c)

is not excluded from this paragraph by virtue of an order under section 320.

(3)

The references in sub-paragraph (2) to section 34 of the CPA and Part 2 of FEPA are references to those provisions as they would apply but for this Act.

(4)

The “relevant transitional period”, in the case of any person and any dredging operation,—

(a)

is the period of one year beginning with the commencement date, but

(b)

if a marine licence which authorises the carrying on of the dredging operation by the person comes into force (or has come into force) at any time before the end of that period, the transitional period ends with the coming into force of that licence.

Annotations

Modifications

C1

Sch. 9 para. 9 modified (6.4.2012) by The Marine and Coastal Access Act 2009 (Transitional Provisions) Order 2012 (S.I. 2012/698), arts. 1(2), 2

Commencement

I1

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