(1)  Subject to section 42Z , the Director may impose conditions or restrictions, or both, on an environmental licence granted under section 42E(1) .

(2)  The conditions or restrictions imposed, in accordance with subsection (1) , on an environmental licence granted under section 42E(1) in relation to an activity are to include, but are not limited to including, conditions or restrictions –

(a) that are substantially the same as the conditions or restrictions, that relate to the environment, that were imposed on the existing authorisation in relation to the activity; or

(b) that, where the existing authorisation was an environment protection notice, are substantially the same as the measures or requirements imposed by that notice.

(3)  A condition or restriction that –

(a) is imposed, in accordance with subsection (1) , on an environmental licence in relation to an activity; and

(b) is not a condition, or restriction, ( a compulsory provision ) that is required under subsection (2) to be imposed on the licence –

may not be of substantially the same effect as, and relate to the same biomass, product containing finfish, raw material, water, source of energy or pollutant as, a compulsory provision.

(4)  Subsection (3) does not apply in relation to a condition, referred to in section 42Z(2)(m) , that is imposed on a licence in accordance with subsection (1) .

(5)  If –

(a) the environmental licence is, in accordance with section 42E(4)(b) , granted in relation to an activity that is conducted under more than one existing authorisation in relation to the activity; and

(b) the conditions or restrictions imposed on the existing authorisations are not consistent –

subsection (6) applies, and subsections (2) and (3) do not apply, in relation to the licence.

(6)  Without limiting the generality of subsection (1) , if this subsection applies in relation to an environmental licence –

(a) the conditions or restrictions imposed, in accordance with subsection (1) , on an environmental licence, may include any of the conditions or restrictions that were specified in, or imposed by, any of the existing authorisations in relation to the activity to which the licence relates; and

(b) any other condition or restriction, not imposed in accordance with paragraph (a) , may not be of substantially the same effect as, and relate to the same biomass, product containing finfish, raw material, water, source of energy or pollutant as, a condition or restriction imposed in accordance with paragraph (a) .