16A.—(1) Where, before the passing of Part 6 of the Act of 2005, a court made a finding as to whether an area is or is not foreshore, then that finding shall not be affected by reference to the definition of "foreshore" (as amended by Part 6 of the Act of 2005) in section 1 of this Act or to section 1A of this Act.

(2) Where the validity of any lease, licence or consent to which section 3A(1) of this Act relates has been challenged in court proceedings instituted before 21 June 2005 by reference to the area in respect of which it was granted, then the said section 3A(1) shall not apply to that lease, licence or consent.]