3CA.—(1) Where a foreshore licence was deemed by—

(a) section 75 of the Fisheries (Amendment) Act 1997, or

(b) section 3 of the Fisheries and Foreshore (Amendment) Act 1998,

to be an aquaculture licence and that foreshore licence relates to or includes an area that, but for section 1AA of this Act, would not be foreshore, then the aquaculture licence 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.

(2) Where before the passing of Part 3 of the Act of 2022—

(a) a foreshore licence was granted that relates in whole or in part to aquacultural purposes, and

(b) an aquaculture licence was granted in respect of those aquacultural purposes and those purposes relate to or include an area which, in whole or in part, would not be foreshore but for section 1AA of this Act,

then the aquaculture licence 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 subsection, 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.]