Foreshore Act 1933

F52[Provisions relating to certain other leases, licences, etc.

3AA

3AA.(1) Where a lease, licence or consent was granted by the appropriate Minister before the passing of Part 3 of the Act of 2022 that relates to or includes an area that, but for section 1AA would not be foreshore, the lease, licence or consent (including any terms and conditions) shall have effect by reference to the definition of foreshore (as amended by section 17 of the Act of 2022) in section 1 of this Act.

(2) Where—

(a) any measures were taken by the appropriate Minister before the passing of Part 3 of the Act of 2022, and

(b) those measures relate in whole or in part to an area that, but for section 1AA 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 section 17 of the Act of 2022) 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.]

Annotations

Amendments:

F52

Inserted (20.12.2022) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 18, commenced on enactment.

Editorial Notes:

E21

The section heading is taken from the amending section in the absence of one included in the amendment.