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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 42ZB

Issue of licence document in relation to licence granted, varied, transferred or renewed

(1)  If an environmental licence is granted, varied, transferred or renewed under this Division by the Director or the Board, the Director must issue a licence document in relation to the licence, by serving the licence document on –
(a) the person to whom the licence is granted; or
(b) the holder of the environmental licence that is being varied or renewed; or
(c) the person to whom the environmental licence is to be transferred –
as the case may be.
(2)  If an environmental licence, a variation of an environmental licence, or a condition or restriction of an environmental licence, is specified in section 42ZK to be of no effect subject to the determination of an appeal, a licence document in relation to the environmental licence is not, if an appeal against the decision is made, to be issued, if at all, until the determination of the appeal within the meaning of that section.
(3)  Subsection (2) does not apply in relation to the grant of an environmental licence under section 42E .
(4)  If the Board was required –
(a) under section 42K to determine whether to grant an environmental licence in relation to an activity in relation to which a permit is required; or
(b) under section 42Q to determine whether to vary an environmental licence in relation to a proposed expansion, intensification or modification of an activity that is carried out under an environmental licence and that is an expansion, intensification or modification for which a permit is required –
the Director must not issue a licence document in relation to the activity unless and until the Board is notified under section 27AC(5) that a permit has been granted in relation to the activity or the proposed expansion, intensification or modification of an activity that is carried out under an environmental licence, as the case may be.
(5)  A licence document is to be in the form approved by the Director, which may be an electronic form.
(6)  The form, of a licence document, in relation to an environmental licence, that is approved by the Director, must include the following:
(a) the name of the person to whom the licence document is issued, with sufficient particularity to accurately identify the person;
(b) a statement as to –
(i) whether the Board or the Director granted, varied, transferred or renewed the licence; and
(ii) the provision of this Act under which the licence was granted, varied, transferred or renewed;
(c) the conditions or restrictions, if any, imposed on the licence as granted, varied, transferred or renewed, as the case may be;
(d) a description of the land, and any premises, to which the licence relates, that is sufficient to accurately identify the land and premises;
(e) if, under the licence, finfish farming is to be conducted in State waters, a description, of the area of State waters on which the finfish farming is to be conducted, that accurately identifies the area of State waters;
(f) the period, if any, for which the licence is, subject to this Act, to remain in force or, if such a period has not been determined in relation to the licence, a statement that the licence remains in force, subject to this Act, for an indefinite period.
(7)  The Director is to provide a copy of a licence document issued under this section to each planning authority in respect of the area of land, or the area of State waters, to which the licence document relates.
(8)  The Director may issue, reissue or cancel a licence document if necessary for the purposes of a determination of the Appeal Tribunal in relation to a decision under this Part.



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