QLDIn ForceAct
Water Act 2000
sec.235Transferring allocation of quarry material
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### sec.235 Transferring allocation of quarry material
The allocation notice holder may apply to transfer all or part of the allocation to another person.
The application must be—
made to the chief executive in the approved form; and
supported by sufficient information to enable the chief executive to decide the application, including, for example, the consent of the transferee to the transfer; and
accompanied by the fee prescribed by regulation.
Within 30 business days after receiving the application, the chief executive must—
if the transfer is for all the allocation—approve the transfer; or
if the transfer is for part of the allocation—
approve the transfer, as applied for, with or without conditions; or
approve the transfer, as varied by the chief executive, with or without conditions; or
refuse the transfer.
In making a decision under subsection (3) (b) , the chief executive must consider the impact the transfer will have for the matters mentioned in section 229 .
Within 30 business days after deciding the application, the chief executive must—
give the applicant and the transferee an information notice about the decision; and
if the transfer is approved, with or without conditions—give the transferee a new allocation notice in accordance with the approval; and
if the application was not to transfer all of an allocation and the transfer is approved—give the applicant an amended allocation notice for the part not transferred.
The transfer has effect from the day the information notice is given.
s 235 amd 2005 No. 19 s 90
sub 2014 No. 64 ss 67 (1) , 68
(sec.235-ssec.1) The allocation notice holder may apply to transfer all or part of the allocation to another person.
(sec.235-ssec.2) The application must be— made to the chief executive in the approved form; and supported by sufficient information to enable the chief executive to decide the application, including, for example, the consent of the transferee to the transfer; and accompanied by the fee prescribed by regulation.
(sec.235-ssec.3) Within 30 business days after receiving the application, the chief executive must— if the transfer is for all the allocation—approve the transfer; or if the transfer is for part of the allocation— approve the transfer, as applied for, with or without conditions; or approve the transfer, as varied by the chief executive, with or without conditions; or refuse the transfer.
(sec.235-ssec.4) In making a decision under subsection (3) (b) , the chief executive must consider the impact the transfer will have for the matters mentioned in section 229 .
(sec.235-ssec.5) Within 30 business days after deciding the application, the chief executive must— give the applicant and the transferee an information notice about the decision; and if the transfer is approved, with or without conditions—give the transferee a new allocation notice in accordance with the approval; and if the application was not to transfer all of an allocation and the transfer is approved—give the applicant an amended allocation notice for the part not transferred.
(sec.235-ssec.6) The transfer has effect from the day the information notice is given.
- (a) made to the chief executive in the approved form; and
- (b) supported by sufficient information to enable the chief executive to decide the application, including, for example, the consent of the transferee to the transfer; and
- (c) accompanied by the fee prescribed by regulation.
- (a) if the transfer is for all the allocation—approve the transfer; or
- (b) if the transfer is for part of the allocation— (i) approve the transfer, as applied for, with or without conditions; or (ii) approve the transfer, as varied by the chief executive, with or without conditions; or (iii) refuse the transfer.
- (i) approve the transfer, as applied for, with or without conditions; or
- (ii) approve the transfer, as varied by the chief executive, with or without conditions; or
- (iii) refuse the transfer.
- (i) approve the transfer, as applied for, with or without conditions; or
- (ii) approve the transfer, as varied by the chief executive, with or without conditions; or
- (iii) refuse the transfer.
- (a) give the applicant and the transferee an information notice about the decision; and
- (b) if the transfer is approved, with or without conditions—give the transferee a new allocation notice in accordance with the approval; and
- (c) if the application was not to transfer all of an allocation and the transfer is approved—give the applicant an amended allocation notice for the part not transferred.