8Criteria for referral to Board, under section 42I(3) of Act, of certain applications

8 Criteria for referral to Board, under section 42I(3) of Act, of certain applications

(1)  For the purposes of section 42I(3) of the Act, the Director must refer to the Board, for assessment under section 27AA of the Act, an application, to which section 42I(3) applies, for an environmental licence in relation to the activity of finfish farming if any one or more of the following criteria are satisfied:

(a) there is likely to be a very high level of public interest in the application;

(b) it is reasonably likely that an approval, in relation to the activity to which the application relates, will be required under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth;

(c) there is neither a marine farming development plan, nor an emergency plan, in relation to the area of State waters in which the activity to which the application relates is to be conducted by the applicant, unless –

(i) the activity is not an activity referred to in section 5C(2)(a) of the Act; and

(ii) there is a permit, issued under the Living Marine Resources Management Act 1995 , under which the activity is to be conducted by the applicant.

(2)  For the purposes of section 42I(3) of the Act, the Director must refer to the Board, for assessment under section 27AA of the Act, an application, to which section 42I(3) applies, for an environmental licence in relation to the activity of finfish farming if the application –

(a) relates to an area of State waters in relation to which a marine farming development plan has been in force for all of the 10-year period immediately before the application is made; and

(b) is not an emergency application; and