42XRefusal to transfer licence

42X Refusal to transfer licence

(1)  The Director must not transfer under section 42W(2) an environmental licence to another person if the licence is to be held by more than one person, unless the persons comprise a trust that is to hold the licence.

(2)  The Director must not transfer under section 42W(2) an environmental licence to another person if –

(a) the other person is a person to whom a licence must not, under section 42L(1) , be granted; or

(b) the transfer of the licence would be in contravention of a condition or restriction of the licence to which the application relates; or

(c) the activity is an activity in relation to which a lease is required under Part 4 of the Marine Farming Planning Act 1995 and either –

(i) the lease has not been transferred under that Act to the person to whom the licence is to be transferred; or

(ii) the person to whom the licence is to be transferred is not the holder of a permit issued under section 12 or 14 of the Living Marine Resources Management Act 1995 in relation to the activity.

(3)  The Director may refuse to transfer under section 42W(2) an environmental licence to a person if the person is a person in relation to whom the Director may refuse under section 42L(2) to grant an environmental licence.

(4)  The Director may refuse to transfer under section 42W(2) an environmental licence to another person if the holder of the environmental licence, or the person to whom the licence is to be transferred, has not paid any fees that are due and payable under this Act, in relation to an environmental licence, by the holder of the licence.

(5)  Subsections (1) , (2) , and do not limit the circumstances in which the Director may refuse to transfer an environmental licence under .