Marine and Coastal Access Act 2009

Part 2 Coast Protection Act 1949

Consents previously given and outstanding applications

2 (1) 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”).

(2) 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.

(3) 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.

Safety requirements

3 The repeal of section 36A of the CPA does not affect the operation of that provision in relation to anything occurring before the date on which that repeal takes effect.