(1)  If a person proposes to undertake a level 2 activity that is an EL activity and that does not require a permit under the Land Use Planning and Approvals Act 1993 , the person must refer the proposed activity to the Board for assessment under this Act.

(2)  Subsection (1) does not apply in relation to an activity if –

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

(b) there is a permit, issued under section 12 or 14 of the Living Marine Resources Management Act 1995 , that is in force in relation to the activity.

(3)  If an activity is referred to the Board under subsection (1) or an application in relation to an activity is referred to the Board under section 42I(2)  –

(a) the Board must determine under section 42K(2) whether to refuse to grant an environmental licence in relation to the activity; and

(b) if the Board does not refuse under section 42K(2) to grant an environmental licence in relation to the activity, the Board must undertake, in accordance with the Environmental Impact Assessment Principles and Division 1A , an assessment of the activity.

(4)  If an application in relation to an activity is referred to the Board under section 42O  –

(a) the Board must determine under section 42Q(2) whether to refuse to vary an environmental licence in relation to the activity; and

(b) if the Board does not refuse under section 42Q(2) to vary an environmental licence in relation to the activity, the Board must undertake, in accordance with the Environmental Impact Assessment Principles and Division 1A , an assessment of the activity.

(5)  If a proposal to vary an environmental licence in relation to an activity is referred to the Board under section 42P(6), (7) or (8), the Board must –

(a) notify the holder of the licence; and

(b) undertake, in accordance with the Environmental Assessment Principles and Division 1A, an assessment of the activity.