42OReferral to Board of certain applications for variation

42O Referral to Board of certain applications for variation

(1)  If –

(a) an application is made under section 42N(1) for a variation of an environmental licence in relation to an EL activity that does not require a permit; and

(b) an application has been made under the Living Marine Resources Management Act 1995 for a variation of a marine farming licence in relation to the activity –

the Director may, instead of accepting the application, refer the application to the Board for assessment under section 27AA .

(2)  The Director must decide under subsection (1) 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.

(3)  If –

(a) an application is made under section 42N(1) for a variation of an environmental licence in relation to an EL activity that does not require a permit; and

(b) either –

(i) an application has not been made under the Living Marine Resources Management Act 1995 for a variation of a marine farming licence in relation to the activity and such an application is not required to be made under that Act; or

(ii) the application under section 42N(1) is not an application to which subparagraph (i) , or subsection (1) , applies –

the Director must determine whether the variation to which the application under section 42N(1) relates is a minor variation or a major variation.

(4)  In making a determination under subsection (3) as to whether the variation to which an application under section 42N(1) relates is a minor variation or a major variation, the Director –