MCU14/0028 Appendix 2 EnvProtAct 1994

Environmental Protection Act 1994
Chapter 5 Environmental authorities and environmentally relevant activities
Part 9 Transferring environmental authorities for prescribed ERAs

[s 253]

                Examples of when a transfer application may be made—
                  •   An environmental authority is held by 3 joint holders. The joint
                      holders may make a transfer application to transfer the authority to
                      2 only of the joint holders. Alternatively, the joint holders may seek
                      to transfer the authority to another entity, so that the authority will
                      be held by 4 joint holders.
                  •   It is proposed that a new entity will carry out part of the relevant
                      activity for an environmental authority. The holder of the authority
                      may make a transfer application to transfer to the new entity that
                      part of the authority that relates to the activity to be carried out by
                      the new entity.


253        Requirements for transfer application
                A transfer application must—
                (a)   be made to the administering authority in the approved
                      form; and
                (b)   include the name and address of the proposed holder of
                      the environmental authority or each part of the
                      environmental authority; and
                (c)   be signed by the existing holder and the proposed
                      holder; and
                (d)   state whether the proposed holder is a registered suitable
                      operator; and
                (e)   if the proposed holder is not a registered suitable
                      operator—be accompanied by an application for
                      registration as a suitable operator under chapter 5A, part
                      4, division 1; and
                (f)   be accompanied by the fee prescribed under a
                      regulation.

254        Deciding transfer application
          (1)   The administering authority must consider each transfer
                application and decide to—
                (a)   approve the transfer; or
Page 178                                                   Current as at 20 February 2014