8Applications to transfer container approvals

8 Applications to transfer container approvals

(1)  If a person who holds the approval of an eligible container, under section 12 of the Act, ceases to be the first responsible supplier for the container, the person may apply to the Secretary for the approval, of the container, to be transferred to a person specified in the application.

(2)  An application under subregulation (1) must be –

(a) in an approved form; and

(b) signed by –

(i) the person who holds the approval to be transferred; and

(ii) the person who will hold the approval if the transfer is granted.

(3)  After receiving an application under subregulation (1) , the Secretary may request further information from the applicant before making a decision on the application.

(4)  After receiving an application under subregulation (1) in respect of the transfer of the approval of a container, the Secretary may –

(a) grant the transfer of the approval; or

(b) refuse to grant the transfer of the approval.

(5)  If the Secretary grants the transfer of the approval of a container under subregulation (4)  –

(a) the Secretary must notify the applicant for the transfer and the person to whom the approval is to be transferred –

(i) that the transfer has been granted; and

(ii) the date on which the transfer takes effect; and

(iii) the conditions that apply to the approval to which the transfer relates; and

(b) if necessary, the Secretary must ensure that the list of approved containers, kept under section 12(3) of the Act, is updated to correctly reflect the information relating to the container.