165ZHProcessing applications for existing permit holders

1. This section applies if—

2. a person holds—
   1. a deemed coastal permit under section 10, 20, 20A, or 21 of the Aquaculture Reform (Repeals and Transitional Provisions) Act 2004; or
   2. a coastal permit to occupy space in the common marine and coastal area for aquaculture activities, granted after the commencement of this Part; and
3. the permit referred to in paragraph (a)(i) or (ii) (existing coastal permit)—
   1. is in force at the time of any application under paragraph (c); and
   2. applies in relation to space in the common marine and coastal area in which aquaculture is not a prohibited activity; and
4. the holder of the existing coastal permit (existing permit holder) makes an application for a new coastal permit that is—
   1. for occupation of some or all of the same space; and
   2. for the same or another aquaculture activity; and
   3. accompanied by any other applications for coastal permits related to the carrying out of the aquaculture activity; and
5. the application and any related applications are—
   1. made to the appropriate consent authority; and
   2. made—
      1. at least 6 months before the expiry of the existing coastal permit; or
      2. in the period that begins 6 months before the expiry of the existing coastal permit and ends 3 months before the expiry of the existing coastal permit, and the authority, in its discretion, allows the holder to continue to operate.

6. If this section applies, then—

7. the applications, must be processed and determined before any other application for a coastal permit to occupy the space that the permit applies to; and
8. no other application to occupy the space that the application relates to may be accepted before the determination of the application; and
9. the holder may continue to operate under the existing coastal permit until—
   1. a new coastal permit is granted and all appeals are determined; or
   2. a new coastal permit is declined and all appeals are determined.