(1)  In this section –

relevant application means –

(a) an application, referred to the Board under section 25 or 27AA , in relation to a proposed expansion, intensification or modification of an activity that is carried out under an environmental licence; and

(b) an application that is referred to the Board by the Director under section 42O ;

relevant assessment means an assessment completed by the Board –

(a) under section 25 or 27AA in relation to a proposed expansion, intensification or modification of an activity that is carried out under an environmental licence; or

(b) under section 27AA in relation to an application that is referred to the Board by the Director under section 42O ; or

(c) under section 27AA(5) in relation to a proposal that is referred to the Board by the Director under section 42P(6), (7) or (8);

relevant project means a project that –

(a) consists of a proposed expansion, intensification or modification of an activity that is carried out under an environmental licence; and

(b) is a project, in relation to an EL activity, in relation to which a notice of intent has been lodged under section 27B .

(2)  The Board may –

(a) within 28 days after a relevant application, or a relevant project, in relation to an EL activity is referred to the Board under section 25 , section 27AA or section 42O ; or

(b) after a notice of intent in relation to a relevant project, in relation to an EL activity, is lodged under section 27B  –

refuse, on a ground referred to in subsection (5) , to vary an environmental licence in relation to the activity.

(3)  As soon as practicable after the Board has completed a relevant assessment, the Board must –

(a) vary an environmental licence in relation to the activity; or

(b) refuse to vary an environmental licence in relation to the activity.

(4)  The Board may vary under subsection (3) an environmental licence if the Board is satisfied that it is appropriate to do so.

(5)  The Board may, under subsection (2) or subsection (3) , refuse to vary an environmental licence if the Board 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 Board 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 Board may refuse to vary an environmental licence under subsection (3) .