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.]