3B.—(1) Where before the passing of Part 6 of the Act of 2005—

(a) an application was made to the Minister for a lease, licence or consent,

(b) the application relates to or includes an area that, but for section 1A(1) of this Act, would not be foreshore, and

(c) the application has not been finally determined before such passing,

then in determining the application account may be taken of the definition of "foreshore" (as amended by Part 6 of the Act of 2005) in section 1 of this Act.

(2) If, because of any provision of subsection (1) 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.]