QLDIn ForceAct
Water Act 2000
sec.192Refusing application to transfer licence
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### sec.192 Refusing application to transfer licence
The chief executive may refuse the application if the chief executive is satisfied the transferee does not have the necessary expertise or experience to be a licence holder or is not a suitable person to hold the licence, including, for example—
because the transferee has been convicted of an offence against this Act or an interstate law or has held 1 of the following licences (each a relevant licence ) that has been cancelled or suspended under this Act or an interstate law—
a resource operations licence;
an interstate resource operations licence;
a distribution operations licence;
an interstate distribution operations licence; or
if the transferee is a corporation—because an executive officer of the corporation—
has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law; or
is or has been an executive officer of another corporation that has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law.
The chief executive may also refuse the application on grounds not mentioned in subsection (1) .
If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice about the decision within 30 business days after making the decision.
In this section—
this Act includes the repealed Acts.
s 192 (prev s 190) sub 2001 No. 75 s 47
renum 2001 No. 75 s 50
amd 2008 No. 34 s 684
sub 2014 No. 64 ss 67 (1) , 68
(sec.192-ssec.1) The chief executive may refuse the application if the chief executive is satisfied the transferee does not have the necessary expertise or experience to be a licence holder or is not a suitable person to hold the licence, including, for example— because the transferee has been convicted of an offence against this Act or an interstate law or has held 1 of the following licences (each a relevant licence ) that has been cancelled or suspended under this Act or an interstate law— a resource operations licence; an interstate resource operations licence; a distribution operations licence; an interstate distribution operations licence; or if the transferee is a corporation—because an executive officer of the corporation— has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law; or is or has been an executive officer of another corporation that has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law.
(sec.192-ssec.2) The chief executive may also refuse the application on grounds not mentioned in subsection (1) .
(sec.192-ssec.3) If the chief executive decides to refuse the application, the chief executive must give the applicant an information notice about the decision within 30 business days after making the decision.
(sec.192-ssec.4) In this section— this Act includes the repealed Acts.
- (a) because the transferee has been convicted of an offence against this Act or an interstate law or has held 1 of the following licences (each a relevant licence ) that has been cancelled or suspended under this Act or an interstate law— (i) a resource operations licence; (ii) an interstate resource operations licence; (iii) a distribution operations licence; (iv) an interstate distribution operations licence; or
- (i) a resource operations licence;
- (ii) an interstate resource operations licence;
- (iii) a distribution operations licence;
- (iv) an interstate distribution operations licence; or
- (b) if the transferee is a corporation—because an executive officer of the corporation— (i) has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law; or (ii) is or has been an executive officer of another corporation that has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law.
- (i) has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law; or
- (ii) is or has been an executive officer of another corporation that has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law.
- (i) a resource operations licence;
- (ii) an interstate resource operations licence;
- (iii) a distribution operations licence;
- (iv) an interstate distribution operations licence; or
- (i) has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law; or
- (ii) is or has been an executive officer of another corporation that has been convicted of an offence against this Act or an interstate law, or has held a relevant licence that has been cancelled or suspended under this Act or an interstate law.