(1)  A person may apply to the Director, in a form approved by the Director, for an environmental licence in relation to an activity that is an EL activity.

(2)  If –

(a) an application is made under subsection (1) for an environmental licence in relation to an activity that does not require a permit; and

(b) either –

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

(ii) 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 –

the Director may refuse to accept the application under subsection (1) and instead refer the application to the Board for assessment under section 27AA .

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

(4)  If an application is made under subsection (1) by the holder of a sub-lease of a lease under Part 4 of the Marine Farming Planning Act 1995 , the reference in subsection (2)(b)(i) , to an application made under the Living Marine Resources Management Act 1995 for a marine farming licence in relation to an activity, includes a reference to an application made under the Living Marine Resources Management Act 1995 for a marine farming licence that is to relate in whole or in part to an area of land, or an area of State waters, to which the application under subsection (1) relates, whether or not the marine farming licence is to relate to the same activity.

(5)  The Director must refuse to accept an application under subsection (1) in relation to an EL activity if the activity is an activity in relation to which a lease is required under Part 4 of the Marine Farming Planning Act 1995 and either –

(a) the lease has not been granted; or

(b) the applicant is not the holder of a permit under section 12 or 14 of the Living Marine Resources Management Act 1995 in relation to the activity.

(6)  The Director must refuse to accept an application under subsection (1) from a person if the application, or the activity to which the application relates, has been, or is required to be, referred to the Board under section 25(1) , section 25A or section 27AA(1) .

(7)  The Director may refuse to accept an application under subsection (1) from a person in relation to an EL activity if –

(a) .  .  .  .  .  .  .  .  

(b) the proposal to carry out the activity has been declared, or, in the opinion of the Director, is likely to be declared, to be a project of state significance under the State Policies and Projects Act 1993 .