The Energy Act 2008 (Commencement No. 4 and Transitional Provisions) Order 2009

Transitional provisions: Food and Environment Protection Act 1985

4.—(1) Paragraph (2) applies where—

(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

(b) that deposit is made in the course of carrying on an activity within section 2(3) of the Act.

(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).

(3) However—

(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

(b) paragraph (2) ceases to apply if, on or after the commencement date, the FEPA licence is varied, expires or is revoked.

(4) In this article—

(a) a reference to a licence under section 4 of the Act includes a reference to a consent given under such a licence; and

(b) “FEPA licence” means a licence required by section 5 of the Food and Environment Protection Act 1985(1).

(1)

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).