42DPersons to whom licences for existing lawful activities may be granted

42D Persons to whom licences for existing lawful activities may be granted

(1)  A person is, on the day on which this section commences, taken to have applied under this subsection for an environmental licence in relation to an activity if the activity is an EL activity and, immediately before that day –

(a) the person is the person to whom the existing authorisation in relation to the activity –

(i) was granted or issued, if the person has not lawfully transferred the authorisation to another person; or

(ii) was lawfully transferred by a person to whom the authorisation was granted or issued or to whom the authorisation was lawfully transferred; or

(b) the person –

(i) is lawfully carrying out the activity; and

(ii) [Section 42D Subsection (1) amended by No. 21 of 2020, s. 31, Applied:28 Oct 2020] is a person authorised under a permit to carry out the activity; and

(iii) is a person whom the Director determines under subsection (2) to be the person at whose direction the activity is being carried out; or

(c) each of the following subparagraphs applies in relation to the activity:

(i) the person is lawfully carrying out the activity;

(ii) the person is a person to whom, if an existing authorisation (other than an existing authorisation referred to in paragraph (b) ) were to be granted or issued to a person in relation to the activity, the authorisation would have been granted or issued or is a person whom the Director determines under subsection (2) to be the person at whose direction the activity is being carried out;

(iii) [Section 42D Subsection (1) amended by No. 21 of 2020, s. 31, Applied:28 Oct 2020] no permit was required under the Land Use Planning and Approvals Act 1993 in relation to the activity;