(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 Living Marine Resources Management Act 1995 , in respect of all or part of the activity to which the application relates; or

(ii) an emergency order in relation to the lease area to which the application relates; or

(iii) an emergency plan in relation to the lease area to which the application relates.

(4)  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) more than 2 years before the application was made to the Director, there was approved by the Minister under the Marine Farming Planning Act 1995  –

(i) a marine farming development plan that applies to all or part of the area of State waters in which the activity is to be conducted by the applicant under the licence as varied in accordance with the application; or

(ii) a marine farming development plan amendment to a marine farming development plan referred to in subparagraph (i) ; and

(b) the Director considers that the information, in relation to the environmental impact of fish farming, that was provided to the Panel under that Act before the Panel determined whether to recommend to the Minister under section 31 or 41 of the Act that a draft of the plan, or a draft amendment of the plan, referred to in paragraph (a) , be accepted by the Minister, did not adequately take into account the likely effects of an activity of the kind to be conducted under the licence, so as to make an environmental assessment by the Board of the application unnecessary.

(5)  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 a marine farming development plan in relation to all or part of an area of State waters in which the activity is to be conducted by the applicant under the licence as varied in accordance with the application; and

(b) there has been specified by a person, under the marine farming development plan, a maximum rate of dissolved nitrogen that is permitted under the plan to be produced, or emitted, in the course of the conduct of finfish farming in the area of State waters to which the plan relates; and

(c) the conduct by the applicant of the activity under the licence as varied in accordance with the application is likely to cause the rate of dissolved nitrogen that is produced or emitted, in the course of the conduct, whether by the applicant or other persons, of finfish farming in the area of State waters to which the marine farming development plan relates, to exceed by more than 10% the maximum rate referred to in paragraph (b) .

(6)  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) the activity is to be conducted by the applicant, under the licence as varied in accordance with the application, in an area of State waters to all or part of which –

(i) a marine farming development plan applies; and

(ii) one or more marine farming leases in relation to finfish farming that are held by the applicant, relate; and

(b) a maximum rate of dissolved nitrogen that is permitted to be produced, or emitted, in the course of the conduct of finfish farming in the area of State waters to which one or more marine farming leases in relation to finfish farming that are held by the applicant, relate, has been, by a person, under the plan, set in relation to –

(i) those marine farming leases; or

(ii) all marine farming leases, in relation to finfish farming, held by the applicant in relation to all or part of the area of State waters to which the plan relates; and

(c) the conduct by the applicant of the activity, under the licence as varied in accordance with the application, in an area of State waters to which one or more of the marine farming leases under which the activity is to be conducted relate, is likely to cause the rate of dissolved nitrogen that is produced or emitted to exceed by more than 10% the maximum rate, referred to in paragraph (b) , that has been, by a person, under the marine farming development plan, set in relation to –

(i) those marine farming leases; or

(ii) all marine farming leases, in relation to finfish farming, held by the applicant in relation to all or part of the area of State waters to which the plan relates.

(7)  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 a marine farming development plan in relation to an area of State waters in all or part of which the activity is to be conducted by the applicant under the licence as varied in accordance with the application; and

(b) there has been specified by a person, under the marine farming development plan, a maximum biomass of finfish that is permitted to be contained, in the area of State waters to which the plan relates, in the course of the conduct of finfish farming; and

(c) the conduct by the applicant of the activity under the licence as varied in accordance with the application is likely to cause the biomass of finfish, contained in the area of State waters to which the plan relates, to be more than 10% higher than the maximum biomass of finfish referred to in paragraph (b) .

(8)  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) the activity is being conducted by the applicant under the licence in an area of State waters to all or part of which –

(i) a marine farming development plan applies; and

(ii) one or more marine farming leases in relation to finfish farming that are held by the applicant, relate; and

(b) the maximum biomass of finfish that may be contained, in the course of the conduct of finfish farming in the area of State waters, has been, by a person, under the marine farming development plan, set in relation to –

(i) those marine farming leases; or

(ii) all marine farming leases, in relation to finfish farming, held by the applicant in relation to all or part of the area of State waters to which the plan relates; and

(c) the conduct by the applicant of the activity, under the licence as varied in accordance with the application, in an area of State waters to which one or more of the marine farming leases under which the activity is to be conducted relates, is likely to cause the maximum biomass of finfish that are contained in the areas of State waters to which the leases relate to exceed by more than 10% the maximum biomass of finfish referred to in paragraph (b) that has been, by a person, under the plan, set in relation to –

(i) those marine farming leases; or

(ii) all marine farming leases, in relation to finfish farming, held by the applicant in relation to all or part of the area of State waters to which the plan relates.

(9)  For the purposes of section 42O(2) of the Act, the Director must not 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) less than 2 years before the application was made to the Director, there was approved by the Minister under the Marine Farming Planning Act 1995  –

(i) a marine farming development plan that applies to all or part of the area of State waters in which the activity is to be conducted by the applicant under the licence; or

(ii) a marine farming development plan amendment to a marine farming development plan referred to in subparagraph (i) ; and

(b) no other subregulation of this regulation applies in relation to the application .