35Transfer of quotas

35 Transfer of quotas

(1) If: (a) a licensee is allocated an HCFC quota; and (b) the Minister transfers the licence under section 19B; the unused part of the quota is taken to have been allocated to the transferee on the date of the transfer. (2) A licensee (including the licensee for a suspended licence) may, without transferring the licensee’s licence, transfer to another licensee the unused part of: (a) an HCFC quota allocated to the first licensee for a quota period; and (b) each HCFC quota (if any) allocated to the first licensee for later quota periods. (2A) A licensee (including the licensee for a suspended licence) may, instead of transferring the whole of the unused parts of the quotas mentioned in subsection (2): (a) choose a particular percentage; and (b) without transferring the licensee’s licence, transfer to another licensee the lesser of the following percentages of each of those quotas: (i) the chosen percentage; (ii) the percentage of the quota that is unused. (3) A transfer mentioned in subsection (2) has no effect until the transferor notifies the Minister of the transfer. (4) A notice must: (a) state the transferee’s name, address and licence number; and (b) specify the amount of quota transferred. (5) After a transfer mentioned in subsection (2) takes effect: (a) the transferred quota, or part of a quota, is taken to have been allocated to the transferee; and (b) if part of a quota is transferred—the transferor is taken to have been allocated the untransferred part of the quota.