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 255]

              (b)    refuse the transfer.
        (2)   Despite subsection (1), the application must be approved if the
              proposed holder is a registered suitable operator.
        (3)   The decision under subsection (1) must be made—
              (a)    if the proposed holder is a registered suitable
                     operator—within 10 business days after the transfer
                     application is received; or
              (b)    if the proposed holder is not a registered suitable
                     operator—when an application for registration as a
                     suitable operator is decided under chapter 5A, part 4,
                     division 1.

255      Steps after deciding transfer application
        (1)   If the administering authority decides to approve a transfer
              application under section 254(1)(a), it must, within 5 business
              days after the decision is made—
              (a)    amend the relevant environmental authority to give
                     effect to the transfer; and
                     Example for paragraph (a)—
                        For a transfer application for an environmental authority that is
                        an amalgamated corporate authority, the proposed holders may
                        be the existing holder for part of the authority and a new holder
                        for part of the authority. The administering authority must
                        amend the existing authority by dividing it into 2 new
                        authorities.
              (b)    issue the amended environmental authority (the
                     transferred environmental authority) to each holder;
                     and
              (c)    include a copy of the transferred environmental
                     authority in the relevant register.
        (2)   If the administering authority decides to refuse a transfer
              application, it must, within 10 business days after the decision
              is made, give the existing holder and the proposed holder
              written notice of the decision.
Current as at 20 February 2014                                                 Page 179