4(1)Any licence having effect under Part 2 of FEPA (a “FEPA licence”) which—U.K.
(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.
Commencement Information
I1Sch. 9 para. 4 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)
5(1)Despite the amendments made by paragraph 2 of Schedule 8, paragraphs 5 to 17 of Schedule 3 to FEPA continue to apply in any case where a person—U.K.
(a)makes written representations (in accordance with paragraph 5 of that Schedule) before the commencement date, or
(b)within the period of 28 days ending with that date, is issued with a FEPA licence or receives notice under paragraph 1, 3 or 4 of that Schedule.
(2)Sub-paragraph (1) has effect in place of any provision made under section 73 of this Act for appeals against any decision of an appropriate licensing authority on an application for a licence.
Commencement Information
I2Sch. 9 para. 5 in force at 6.4.2011 by S.I. 2011/556, art. 3(2)(a) (with art. 4)