36. (1) Section 28 shall apply to a decision on an application for a licence under section 35 as it applies to a decision on an application for a licence under section 21, subject to—

(a) the following modifications:

(i) a reference to section 27 shall be read as a reference to section 35;

(ii) a reference to an EIA shall be read as a reference to a retrospective EIA;

(iii) a reference to an EIAR shall be read as a reference to a retrospective EIAR,

and

(b) any other necessary modifications.