Foreshore Act 1933

F54[Provisions relating to certain other applications for lease, licence or consent

3BA

3BA.(1) Where before the passing of Part 3 of the Act of 2022—

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

(b) the application relates to or includes an area that but for section 1AA 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 section 17 of the Act of 2022) 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.]

Annotations

Amendments:

F54

Inserted (20.12.2022) by Planning and Development and Foreshore (Amendment) Act 2022 (47/2022), s. 19, commenced on enactment.

Editorial Notes:

E22

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