Part 8Reference of matters to EPA

Part 8—Reference of matters to EPA 59—Reference of matters to EPA (1) Subject to subsection (1a), the following matters are to be referred to the EPA: (a) whether a corresponding licence containing specified conditions should be granted in connection with an application for an aquaculture lease (other than an emergency lease); (b) whether an aquaculture licence (other than a corresponding licence) containing specified conditions should be granted on an application; (c) whether a variation should be made to the conditions of an aquaculture licence (other than standard conditions prescribed by an aquaculture policy); (d) whether a pilot lease should be converted to a production lease (other than a pilot lease in an area comprising or including State waters within an aquaculture zone); (e) whether an aquaculture tourism development authorisation containing specified conditions should be granted under Part 7A; (f) whether a variation should be made to the conditions of an aquaculture tourism development authorisation under Part 7A. (1a) Subsection (1) does not apply in the case of a specified condition referred to in subsection (1)(a), (b) or (e), a variation of the conditions of an aquaculture licence referred to in subsection (1)(c) or a variation of the conditions of an aquaculture tourism development authorisation referred to in subsection (1)(f) if— (a) the Minister is satisfied that the condition or variation is administrative in nature; or (b) the condition or variation is of a class approved by the EPA as not having, or being unlikely to have, an adverse effect on the environment. (1b) Subsection (1) does not apply in the case of an aquaculture tourism development authorisation of a class approved by the EPA as not having, or being unlikely to have, an adverse effect on the environment. (2) The EPA may, by notice to the Minister, request that the EPA be provided with specified information to enable it to determine its response to a matter referred to it under this section. (3) The EPA must make its response to the Minister within the prescribed period (which will be extended by any period that the Minister takes to provide information requested by the EPA or any period that the Minister thinks fit to allow). (4) The EPA must, in determining its response to a matter referred to it under this section, have regard to, and seek to further, the objects of the Environment Protection Act 1993 and have regard to the general environmental duty and any relevant environment protection policies under that Act. (5) The EPA is not subject to Ministerial direction in relation to the determination of its response to a matter referred to it under this section. (6) The Minister may, before the EPA responds to a matter referred to it under this section, withdraw the reference or, at the request or with the consent of the EPA, vary the matter referred. (7) If the EPA fails to make its response to the Minister within the period allowed under this section, it will be presumed that the EPA has responded that it approves the granting of the licence, the variation of the licence conditions, the conversion of the lease, the granting of the aquaculture tourism development authorisation or the variation of the aquaculture tourism development authorisation conditions (as the case may be). (8) The Minister must ensure that the person directly affected by a matter referred to the EPA under this section is notified of the EPA's response. (9) If the EPA's response is that it does not approve the granting of the licence, the variation of the licence conditions, the conversion of the lease, the granting of the aquaculture tourism development authorisation or the variation of the aquaculture tourism development authorisation conditions (as the case may be), the EPA must, at the request of the Minister, give the Minister a written statement of the EPA's reasons for its decision.