3A.—(1) Where a lease, licence or consent was granted by the Minister before the passing of Part 6 of the Act of 2005, that relates to or includes an area that, but for section 1A(1) of this Act, would not be foreshore, then the lease, licence or consent (including any terms and conditions) shall have effect by reference to the definition of "foreshore" (as amended by Part 6 of the Act of 2005) in section 1 of this Act.

(2) Where—

(a) any measures were taken by the Minister before the passing of Part 6 of the Act of 2005, and

(b) those measures relate in whole or in part to an area that, but for section 1A(1) of this Act, would not form part of the foreshore,

then those measures shall have effect, and be deemed always to have had effect, by reference to the definition of "foreshore" (as amended by Part 6 of the Act of 2005) in section 1 of this Act.

(3) If, because of any provision of subsection (1) or (2) of this section, that provision would conflict with the constitutional rights of any person, then that provision shall be subject to such limitations as are necessary to secure that it does not so conflict but shall otherwise be of full force and effect.]

F51[ (4) In this section and section 3B "Minister" has the same meaning as it had in this Act before the passing of Part 6 of the Act of 2005, and section 3C shall be construed accordingly.]