(1)  The holder of an environmental licence granted by the Board or the Director may apply to the Director, in a form approved by the Director, for a variation of the licence.

(2)  The Director must refuse to accept an application to vary an environmental licence so as to authorise a proposed expansion, intensification or modification of an activity (a relevant alteration ) to be carried out under the licence if the Director is of the opinion that a permit is required under the Land Use Planning and Approvals Act 1993 in relation to the relevant alteration and such a permit has not been granted.

(3)  The Director must, on receiving an application under subsection (1) from the holder of an environmental licence, if the Director has not refused, under subsection (2) , to accept the application –

(a) vary the licence, unless the Director must refer the application under section 42O to the Board for assessment under section 27AA ; or

(b) refuse to vary the licence, unless the Director must refer the application under section 42O to the Board for assessment under section 27AA ; or

(c) refer the application under section 42O to the Board for assessment under section 27AA .

(4)  The Director may, in accordance with subsection (3) , vary an environmental licence under that subsection if the Director is satisfied that it is appropriate to do so.

(5)  The Director may, in accordance with subsection (3) , refuse to vary an environmental licence under that subsection if the Director is satisfied that –

(a) the holder of the environmental licence has contravened this Act; and

(b) the holder of the environmental licence has, within the 5-year period before the day on which the licence is varied, been convicted of an offence, which the Director considers to be an offence relevant to the holding of the licence, against –

(i) this Act; or

(ii) any other Act; or

(iii) a law of another State, a Territory, or the Commonwealth, that relates to the protection of the environment; and

(c) the holder of the environmental licence has not paid any fees that are due and payable under this Act, in relation to the licence, by the holder of the licence.

(6)  Subsection (5) does not limit the circumstances in which the Director may refuse under subsection (3) to vary an environmental licence.

(7)  The Director must notify the holder of an environmental licence of –

(a) a decision by the Director –

(i) to refuse to accept an application under this section in relation to the licence; or

(ii) to vary, or to refuse to vary, a licence under this section; or

(iii) to refer to the Board, under section 42O , an application under this section in relation to the licence; and

(b) the reasons for the decision; and

(c) if the decision is a decision to vary the licence, the details of each variation and the reason for each variation; and

(d) the rights of the person under Subdivision 9 to appeal to the Appeal Tribunal in relation to a decision made by the Director under this section.