94Transitional provisions—2008 Act—whale watching tours by aircraft

94 Transitional provisions—2008 Act—whale watching tours by aircraft (1) If— (a) a person was, immediately before the commencement of the new Part X conducting whale watching tours by aircraft in an area; and (b) on the commencement of the new Part X, there is in force in respect of the area a limited permit area notice for whale watching tours conducted by aircraft— section 83 does not apply to the conducting of whale watching tours by aircraft in the area by that person from the commencement of the new Part X until the date by which applications for such permits must be lodged that is specified in the notice under section 83GC for the area. (2) If a person, to whom subsection (1) applies, has made an application for a whale watching tour permit in respect of the area before the date specified in the notice under section 83GC, section 83 does not apply to the conducting of whale watching tours by aircraft in the area by that person from the date specified in the notice until the application is finally determined in accordance with this Act. (3) If— (a) a person was, immediately before the commencement of the new Part X conducting whale watching tours by aircraft in an area to which subsection (1) does not apply; and (b) that person makes an application for a whale watching tour permit within two weeks of that commencement— section 83 does not apply to the conducting of whale watching tours by aircraft in the area by that person from the commencement of the new Part X until the application is finally determined in accordance with this Act. S. 95