Schedules

Schedule 9Licensing: transitional provision relating to Part 4

Part 2Coast Protection Act 1949

Consents previously given and outstanding applications

I12

C11

Any consent given under subsection (1) of section 34 of the CPA which—

a

is in effect immediately before the commencement date, and

b

relates to an operation which—

i

falls within that subsection, and

ii

is a licensable marine activity,

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”).

C12

In accordance with sub-paragraph (1)—

a

a consent given 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 condition subject to which a consent under subsection (1) of section 34 of the CPA has been given has effect as if it were a condition attached to the deemed licence;

c

any provision made under subsection (4) of that section in respect of a consent has effect as if it were provision made under section 71(4)(a) of this Act in respect of the deemed licence;

d

any condition having effect under section 34(4A)(b) of the CPA has effect as if it were such a condition as is mentioned in section 71(5) of this Act.

C13

Any reference in sub-paragraph (1) or (2) to a consent given under section 34(1) of the CPA, or to a condition subject to which such a consent is given, includes a reference to a consent deemed to have been given, or a condition deemed to have been imposed, by virtue of provision included in an order granting development consent (see paragraphs 27 and 28 of Schedule 5 to the Planning Act 2008 (c. 29)).

4

Any application for consent under subsection (1) of section 34 of the CPA which—

a

is made before the commencement date, and

b

relates to an operation which—

i

falls within that subsection, and

ii

is a licensable marine activity,

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.