165. Sale, importation, and use of pesticides---(1) Where, before the
 date of commencement of this Act, any pesticide was a registered
 pesticide under Part III of the Pesticides Act 1979, the proprietor of
 that pesticide may import, sell, or apply for reward, that pesticide on
 the same terms and conditions as would have applied if the Pesticides
 Act 1979 had not been repealed.

   (2) Where, before the date of commencement of this Act, the
 registration of any pesticide under the Pesticides Act 1979 was subject
 to restricted use under section 24 of that Act,---
   (a) The provisions of section 24 (1) of that Act shall continue to
         apply to the use of that pesticide notwithstanding their repeal
         by this Act; and
   (b) Every reference in that section to the Board shall be deemed to be
         a reference to the Authority.

   (3) Where, before the date of commencement of this Act, any pesticide
 was subject to an experimental use permit with a condition permitting
 sale of the pesticide granted under section 25 of the Pesticides Act
 1979,---
   (a) Subject to paragraph (b) of this subsection, that permit shall
         continue to have effect under this section subject to such terms
         and conditions as were prescribed at the time it was granted;
         and
   (b) The permit shall remain in force for a period not exceeding 3
         years from the date it was granted unless that period is
         extended by the Authority; and
   (c) The Authority may cancel the permit if it is satisfied---
           (i) That the terms and conditions on and subject to which it
         was granted are being or have been violated; or
           (ii) That the continued use of that pesticide is likely to
         have a significant adverse effect on the environment.

   (4) Where an experimental use permit is cancelled under subsection (3)
 (c) of this section, the holder of the permit may appeal against the
 decision to cancel the permit to the High Court.

   (5) Notwithstanding its repeal by this Act, section 70 (2), (3), (5),
 and (6) of the Pesticides Act 1979 shall apply, with all necessary
 modifications, to every appeal under subsection (4) of this section as
 if---
   (a) The appeal was made under subsection (1) of that section; and
   (b) Every reference in that section to the Board was a reference to
         the Authority.

   (6) Where, before the date of commencement of this Act, any pesticide
 was subject to an experimental use permit other than a permit to which
 subsection (3) of this section applies granted under section 25 of the
 Pesticides Act 1979,---
   (a) The pesticide to which the permit relates shall be deemed to be a
         hazardous substance, and the permit shall be deemed to be an
         approval to import or manufacture that substance in containment
         granted by the Authority under section 32 of this Act; and
   (b) The provisions of this Act shall apply accordingly.

   (7) Where, before the date of commencement of this Act, any person had
 applied for registration of a pesticide under section 22 of the
 Pesticides Act 1979, that application may be continued and determined in
 all respects (including any subsequent right of appeal) under the
 Pesticides Act 1979 as if this Act had not been enacted.

   (8) Where, before the date of commencement of this Act, any person had
 been granted an experimental use permit to which subsection (3) of this
 section applies under section 25 of the Pesticides Act 1979, any
 application for registration of the pesticide to which that permit
 relates shall be---
   (a) Made under section 22 of the Pesticides Act 1979; and
   (b) Determined in all respects (including any subsequent right of
         appeal) under the Pesticides Act 1979 as if this Act had not
         been enacted.

   (9) Where, before the date of commencement of this Act, any person had
 made an application for an experimental use permit under section 25 of
 the Pesticides Act 1979 and the hearing of that application had not
 commenced,---
   (a) That application shall be deemed, for the purposes of section 30
         of this Act, to be an application for approval to import or
         manufacture the substance to which that application relates in
         containment; and
   (b) The provisions of this Act shall apply accordingly.

   (10) Where, before the date of commencement of this Act, any person
 had made an application for an experimental use permit under section 25
 of the Pesticides Act 1979, other than an application to which
 subsection (9) of this section applies, that application may be
 continued and determined in all respects (including any subsequent right
 of appeal) under the Pesticides Act 1979 as if this Act had not been
 enacted.

   (11) Where an application to which subsection (10) of this section
 applies is granted and is subject to a condition permitting sale of the
 pesticide, that permit shall be deemed to have been granted before the
 date of commencement of this Act and the provisions of subsection (3) of
 this section shall apply accordingly.

   (12) Where an application to which subsection (10) of this section
 applies is granted (other than an application to which subsection (11)
 of this section applies), that permit shall be deemed to have been
 granted before the date of commencement of this Act and the provisions
 of subsection (6) of this section shall apply accordingly.
     Cf. 1979, No. 26, ss. 21, 22, and 25