9Criteria for referral to Board, under section 42O(2) of Act, of certain applications

9 Criteria for referral to Board, under section 42O(2) of Act, of certain applications

(1)  In this regulation, a reference to the conduct by the applicant of an activity under a licence as varied in accordance with an application is a reference to the conduct of the activity under the licence in the area to which the licence will relate if the licence is varied in accordance with the application, whether or not the application is for a variation of the area to which the licence is to relate.

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

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

(b) it is reasonably likely that an approval, in relation to the activity to be conducted by the applicant under the licence as varied in accordance with the application, will be required under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth.

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

(a) is not an emergency application; and

(b) relates to an area of State waters in which no finfish have been kept, in the course of marine farming, by any person or, if finfish have been kept in that area of State waters in the 10-year period before the application is made, they have been kept under –

(i) a permit, issued under section 12 or 14 of the , in respect of all or part of the activity to which the application relates; or