121Power of decision-maker in relation to transfer approval applications

#### 121 Power of decision-maker in relation to transfer approval applications 121 Power of decision-maker in relation to transfer approval applications > > (1) After considering an application for approval of the transfer of an authority, the decision-maker may— > > > > > (a) approve the transfer in accordance with the application, or > > > > > (b) refuse the application. > > > > Note. > > > > Schedule 1B contains provisions about the grant or refusal of an application for approval of the transfer of an authority. > > > (2) (Repealed) > > > (3) An application for the transfer of a mineral owner authority may be approved only— > > > > > (a) if the proposed transferee is the owner of the minerals to which the authority relates, or > > > > > (b) if the proposed transferee is not the owner, subject to the condition that the transfer does not come into effect until the decision-maker notifies the applicant in writing that the decision-maker is satisfied that the proposed transferee has become the owner. > > > (4) In approving a full transfer, the decision-maker may, subject to this Act, vary the conditions of the authority or include further conditions in the authority. > > > (5) In approving a partial transfer, the decision-maker— > > > > > (a) may, subject to this Act, vary the conditions of the original authority, and > > > > > (b) is to determine the conditions of the new authority. > > > (6) (Repealed) > > > (7) The decision-maker is to give the applicant written notice of the outcome of the application. > > > (7A) If the application is approved, the decision-maker may, by written notice given to the proposed transferor and transferee, specify the following amounts, whether or not the amounts are the subject of a dispute or objection— > > > > > (a) an amount of unpaid royalties payable under the authority, > > > > > (b) other amounts payable to the Crown in connection with the authority, including interest, penalty tax or other penalties and costs payable under the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097). > > > (7B) A notice under subsection (7A) may be amended or revoked by the decision-maker. > > > (8) This section does not affect the operation of section 4.50 (Granting and modification of approval by approval body) of the [Environmental Planning and Assessment Act 1979](/view/html/inforce/current/act-1979-203). > > **s 121:** Subst 2008 No 19, Sch 1 \[85\]. Am 2014 No 10, Sch 1 \[15\] \[16\]; 2015 No 40, Sch 1 \[46\] \[47\]; 2019 No 14, Sch 2.16\[2\]; 2025 No 37, Sch 3\[1\].