42FConditions of licences in relation to existing lawful activities

42F Conditions of licences in relation to existing lawful activities

(1)  Subject to section 42Z , the Director may impose conditions or restrictions, or both, on an environmental licence granted under section 42E(1) .

(2)  The conditions or restrictions imposed, in accordance with subsection (1) , on an environmental licence granted under section 42E(1) in relation to an activity are to include, but are not limited to including, conditions or restrictions –

(a) that are substantially the same as the conditions or restrictions, that relate to the environment, that were imposed on the existing authorisation in relation to the activity; or

(b) that, where the existing authorisation was an environment protection notice, are substantially the same as the measures or requirements imposed by that notice.

(3)  A condition or restriction that –

(a) is imposed, in accordance with subsection (1) , on an environmental licence in relation to an activity; and

(b) is not a condition, or restriction, (a compulsory provision) that is required under subsection (2) to be imposed on the licence –

may not be of substantially the same effect as, and relate to the same biomass, product containing finfish, raw material, water, source of energy or pollutant as, a compulsory provision.

(4)  Subsection (3) does not apply in relation to a condition, referred to in section 42Z(2)(m) , that is imposed on a licence in accordance with subsection (1) .

(5)  If –

(a) the environmental licence is, in accordance with section 42E(4)(b) , granted in relation to an activity that is conducted under more than one existing authorisation in relation to the activity; and

(b) the conditions or restrictions imposed on the existing authorisations are not consistent –