Transitional provisions: Food and Environment Protection Act 19854
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 19853.