(1)  The conditions or restrictions that may be imposed on an environmental licence as granted, varied, transferred or renewed –

(a) by the Director, are the conditions or restrictions that the Director thinks fit to impose on the licence and which, in the opinion of the Director, will further the objectives of this Act; and

(b) by the Board, are the conditions or restrictions that the Board thinks fit to impose on the licence and which, in the opinion of the Board, will further the objectives of this Act.

(2)  Without limiting the generality of subsection (1) , the conditions or restrictions that may be imposed on an environmental licence in relation to an activity include the following:

(a) a condition or restriction limiting the amount of biomass of finfish that may be contained in or at the facilities, or on the area of land, or area of State waters, in, at or on which the finfish farming is conducted, or is to be conducted, under the licence;

(b) a condition or restriction limiting the amount of finfish, or a product containing finfish, that is capable of being produced under the licence;

(c) a condition or restriction limiting the amount of raw materials (including smolt) that may be introduced into the facilities, or an area of land, or an area of State waters, in, at or on which the finfish farming is conducted, or is to be conducted, under the licence;

(d) a condition or restriction limiting the amount of water or energy that may be used to conduct finfish farming under the licence;

(e) a condition or restriction that –

(i) limits the amount of a pollutant that may be produced or emitted in the course of the conduct of an activity; or

(ii) prohibits the production or emission of any amount of a pollutant that may be produced or emitted in the course of the conduct of an activity; or

(iii) limits the rate, or concentration, or both, at which a pollutant that may be produced or emitted in the course of the conduct of an activity may be produced or emitted in the course of the conduct of the activity;

(f) a condition or restriction requiring the holder of the environmental licence to prepare, and submit to the Director for approval, an environmental management plan in relation to the conduct of the activity under the licence;

(g) a condition or restriction requiring the holder of the environmental licence to undertake monitoring of the environmental effects of the conduct of the activity under the licence and to report the results of that monitoring to the Director at a time, or at times, specified in the condition or restriction or by the Director;

(h) a condition or restriction requiring that, if the conduct of the activity under the licence ceases, the licence holder must ensure that the site is decommissioned or rehabilitated in accordance with the Director's requirements;

(i) a condition or restriction requiring the holder of the environmental licence to undertake such measures as are specified in the licence to limit the environmental effects of traffic movements, or vessel movements, to and from the area of land, or area of State waters, to which the licence applies;

(ia) a condition or restriction that is an environmental standards condition;

(j) a condition or restriction that gives effect to a State policy, an environment protection policy or a technical standard;

(k) a condition that prevents or limits the renewal of the licence;

(l) a condition or restriction to secure compliance with the general environmental duty;

(m) a condition or restriction –

(i) requiring the holder of the licence to prepare and submit to the Board a draft environmental improvement programme; and

(ii) requiring the holder of the licence to comply with an environmental improvement programme, approved by the Board under section 40(4) , that is in force.

(3)  If conditions of a kind referred to in subsection (2)(m) are imposed on an environmental licence –

(a) the draft environmental improvement programme prepared and submitted to the Director in accordance with the condition is to be treated as such a programme prepared and submitted to the Board under section 39 , and Division 7 applies accordingly; and

(b) any requirements of the environmental improvement programme approved by the Board under section 40(4) in relation to the holder of the licence are to be taken to be conditions of the environmental licence while the programme remains in force; and

(c) any activity undertaken in accordance with the requirements of the environmental improvement programme approved by the Board under section 40(4) in relation to the holder of the licence is not to be taken for the purposes of this Act to constitute an expansion, intensification or modification of an activity to which the environmental licence relates.

(4)  In determining the conditions and restrictions, if any, to be imposed on an environmental licence in relation to the conduct of an activity to which a marine farming development plan applies under the Marine Farming Planning Act 1995 , the Director or the Board, as the case may be, is to take into account –

(a) the conditions and restrictions, if any, included in the plan; and

(b) the management controls, if any, included in the plan.

(5)  Nothing in subsection (4) is to be taken to limit the conditions or restrictions that may be imposed on an environmental licence.

(6)  If a condition or restriction imposed on an environmental licence in relation to an activity is inconsistent with –

(a) the conditions and restrictions, if any, included in a marine farming development plan that applies in relation to the activity under the Marine Farming Planning Act 1995 ; or

(b) a management control, if any, included in a marine farming development plan that applies in relation to the activity under the Marine Farming Planning Act 1995  –

the condition or restriction, or management control, included in the marine farming development plan is of no effect to the extent of the inconsistency.

(7)  If a condition or restriction imposed on an environmental licence in relation to an activity is inconsistent with the conditions and restrictions, if any, imposed on –

(a) a marine farming licence or a fish farm licence; or

(b) an exemption permit –

that applies in relation to the activity, the condition or restriction of the marine farming licence, fish farm licence or exemption permit is of no effect to the extent of the inconsistency.