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(2) (Repealed)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(6) (Repealed)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.