42EGrant of licences in relation to existing lawful activities

42E Grant of licences in relation to existing lawful activities

(1)  The Director must grant, to a person who is taken to have applied under section 42D for an environmental licence in relation to an activity, an environmental licence in relation to the activity.

(2)  An environmental licence in relation to an activity may not be granted under subsection (1) to more than one person who is to hold the licence, unless the persons comprise a trust that is to hold the licence.

(3)  If 2 or more persons are to be taken to have applied under section 42D for an environmental licence in relation to the same activity –

(a) the persons may, by notice to the Director, nominate which of the persons is to be the person to whom the licence is to be granted; and

(b) the Director is to grant under subsection (1) an environmental licence in relation to the activity to the person so nominated.

(4)  An environmental licence may be granted under subsection (1) in relation to an activity –

(a) that is to be conducted at more than one location; and

(b) that is conducted under more than one existing authorisation in relation to the activity –

but only if the prescribed criteria are satisfied.

(5)  If an existing authorisation relates to an area of land, or State waters, that had not, within the 10 year period ending on the day 3 months before the day on which this Act commences, been used for the purposes of marine farming, or inland fish farming, of finfish, a licence granted by the Director under this section in relation to the existing authorisation is not to be taken to have been granted in relation to that area.

(6)  Subject to subsection (7) , the Director may grant an environmental licence under subsection (1) for a period determined by the Director or determine that the licence is granted for an unlimited period.

(7)  If an environmental licence is granted under subsection (1) in relation to an activity to which relates an existing authorisation that is to expire on a day, the Director must determine under to grant the licence for a period that expires on the same day.