74Transfer of licence

74 Transfer of licence S. 74(1) substituted by No. 23/2019 s. 34. (1) A licence issued under section 67 may be transferred— (a) subject to any conditions set out in the licence or imposed under section 71 relating to the transfer of the licence, including any condition prohibiting the transfer of the licence to another property; and (b) in accordance with this section. S. 74(1A) inserted by No. 23/2019 s. 34. (1A) If a licence that is suspended under section 74AB(1) is transferred, the licence remains suspended until the suspension ends or is lifted. S. 74(1B) inserted by No. 23/2019 s. 34. (1B) The Minister may lift all or part of a period of a suspension for a licence that is transferred under subsection (1) if the actions specified in the notice of suspension— (a) are not able to be completed after the transfer; or (b) are no longer relevant to the transferred licence. (2) A transfer may be either permanent or temporary. (3) A licensee may apply to the Minister for approval of the transfer of the licence. (4) An application must— S. 74(4)(c) amended by No. 110/1997 s. 17(7). S. 74(5) amended by No. 99/2005 s. 32(1). (5) In considering an application, the Minister must have regard to the matters mentioned in section 68. S. 74(5A) inserted by No. 24/2013 s. 21. (5A) Subsection (5) does not apply if the application is for approval of a permanent transfer of a licence to a successor in title to the owner of the land to which the licence relates. S. 74(6) substituted by No. 99/2005 s. 32(2). (6) If an application for approval is made under subsection (3)— (a) the Minister, if the Minister is of the opinion that— (i) approval of the transfer is likely to have an adverse effect on the maintenance of the environmental water reserve in accordance with the environmental water reserve objective; or (ii) it is necessary to refuse to approve the transfer in order to preserve the environmental water reserve in accordance with the environmental water reserve objective— must refuse to approve the transfer; or (b) in any other case, the Minister may— (i) refuse to approve the transfer of the licence; or (ii) approve the transfer of the licence and may, in addition, amend or delete any of the conditions to which the licence is subject or add a new condition, but must not make the licence subject to any condition to which it could not have been made subject under section 71(1). S. 74A inserted by No. 5/2002 s. 41.