(1)  If –

(a) an application is made under section 42N(1) for a variation of an environmental licence in relation to an EL activity that does not require a permit; and

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

the Director may, instead of accepting the application, refer the application to the Board for assessment under section 27AA .

(2)  The Director must decide under subsection (1) 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.

(3)  If –

(a) an application is made under section 42N(1) for a variation of an environmental licence in relation to an EL activity that does not require a permit; and

(b) either –

(i) an application has not been made under the Living Marine Resources Management Act 1995 for a variation of a marine farming licence in relation to the activity and such an application is not required to be made under that Act; or

(ii) the application under section 42N(1) is not an application to which subparagraph (i) , or subsection (1) , applies –

the Director must determine whether the variation to which the application under section 42N(1) relates is a minor variation or a major variation.

(4)  In making a determination under subsection (3) as to whether the variation to which an application under section 42N(1) relates is a minor variation or a major variation, the Director –

(a) must take into consideration the characteristics set out in Schedule 5, as if a reference in that Schedule to a project or an activity were a reference to the proposed variation; and

(b) if the Director is of the opinion that the variation has class A characteristics under that Schedule, must determine that the variation is a minor variation; and

(c) if the Director is of the opinion that the variation has class 2B or class 2C characteristics under that Schedule, must determine that the variation is a major variation.

(5)  If the Director determines under subsection (3) that the variation to which an application under section 42N(1) relates is a major variation, the Director, instead of accepting the application, must refer the application to the Board for assessment under section 27AA .