In this Division –

associate , in relation to another person, means –

(a) a person who holds or will hold any relevant financial interest, or is or will be entitled to exercise any relevant power (whether in their own right or on behalf of any other person), in a business of the other person and, by virtue of that interest or power, is able to, or will be able to, exercise a significant influence over or in respect of the management or operation of that business; or

(b) a person who holds or will hold any relevant position (whether in their own right or on behalf of any other person) in a business of the other person; or

(c) a person who is a relative of the other person;

exemption permit means –

(a) a permit issued under section 12 or 14 of the Living Marine Resources Management Act 1995 ; or

(b) a permit issued under section 172 of the Inland Fisheries Act 1995  –

that authorises, whether expressly or impliedly, the carrying out of finfish farming;

existing authorisation , in relation to an activity, means –

(a) a permit under which the activity is authorised to be carried out; or

(b) an exemption permit under which the activity is expressly or impliedly authorised to be carried out; or

(c) an order under the State Policies and Projects Act 1993 under which the activity is authorised to be carried out; or

(d) a marine farming licence under which the activity is authorised to be carried out; or

(e) a fish farm licence under which the activity is authorised to be carried out; or

(f) an environment protection notice –

(i) that is issued under section 44(1) (other than section 44(1)(d) ) or section 44(2) (other than section 44(2)(d) ); and

(ii) that is an environment protection notice under which the activity is expressly or impliedly authorised to be carried out;

holder of an environmental licence , in relation to an environmental licence, means the person to whom –

(a) the licence has been granted or, if the licence has been transferred, to whom the licence has been transferred; and

(b) the licence document in relation to the licence has been issued under section 42ZB ;

land includes any water situated on land;

permit means a permit under the Land Use Planning and Approvals Act 1993 ;

relative , of a person, means –

(a) the spouse, parent, child or sibling (whether of the full or half blood) of the person; or

(b) the person with whom the first-mentioned person is in a personal relationship within the meaning of the Relationships Act 2003 ;

relevant financial interest , in relation to a business, means –

(a) any share in the capital of the business; or

(b) any entitlement to receive any income derived from the business;

relevant position , in relation to a business, means the position of director, manager or other executive position or secretary, however that position is designated in that business;

relevant power means any power, whether exercisable by voting or otherwise and whether exercisable alone or in association with others –

(a) to participate in a directorial, managerial or executive decision; or

(b) to elect or appoint any person to any relevant position;

vary , in relation to an environmental licence, means to –

(a) vary the conditions or restrictions imposed on the licence, by –

(i) revoking a condition or restriction imposed on the licence; or

(ii) varying a condition or restriction imposed on the licence; or

(iii) imposing a condition or restriction on the licence; or

(b) vary the period for which a licence is to remain in force; or

(c) add to, alter or restrict the activities that may be carried out under the licence; or

(d) alter the area of land, or the area of State waters, to which the licence relates; or

(e) vary the licence so that an expansion, intensification or modification of an activity is expressly authorised to be carried out under the licence.