42IApplications for environmental licences

42I Applications for environmental licences

(1)  A person may apply to the Director, in a form approved by the Director, for an environmental licence in relation to an activity that is an EL activity.

(2)  If –

(a) an application is made under subsection (1) for an environmental licence in relation to an activity that does not require a permit; and

(b) either –

(i) an application has been made under the Living Marine Resources Management Act 1995 for a marine farming licence in relation to the activity; or

(ii) there is a permit, issued under section 12 or 14 of the Living Marine Resources Management Act 1995 , that is in force in relation to the activity –

the Director may refuse to accept the application under subsection (1) and instead refer the application to the Board for assessment under section 27AA .

(3)  The Director must decide under subsection (2) whether to refer an application to the Board for assessment under section 27AA and must make that decision in accordance with the prescribed criteria as to when the Director must, or must not, refer an application to the Board.

(4)  If an application is made under subsection (1) by the holder of a sub-lease of a lease under Part 4 of the Marine Farming Planning Act 1995 , the reference in subsection (2)(b)(i) , to an application made under the Living Marine Resources Management Act 1995 for a marine farming licence in relation to an activity, includes a reference to an application made under the Living Marine Resources Management Act 1995 for a marine farming licence that is to relate in whole or in part to an area of land, or an area of State waters, to which the application under relates, whether or not the marine farming licence is to relate to the same activity.