164NTransfer of permit

164N Transfer of permit

[Section 164N Inserted by No. 33 of 2015, s. 20, Applied:01 Jan 2016]

(1)  The holder of a Division 3 permit may apply to the Minister to transfer the permit to another person.

(2)  An application must –

(a) comply with section 12A ; and

(b) if the applicant is not the owner of the land on which the dam works specified in the permit are being, or are to be, undertaken – be accompanied by the written permission of the owner of the land to the making of the application.

(3)  On receiving an application, the Minister may approve it or refuse to approve it.

(4)  The Minister must approve an application if –

(a) the application meets the requirements of section 12A ; and

(b) the person to whom the permit is to be transferred has not been convicted of an offence, including by accepting an infringement notice in respect of an offence, under this Part or Part 8A .

(5)  If the Minister refuses to grant an application, the Minister is to notify the applicant, in writing and as soon as reasonably practicable, of the refusal and the reasons for it.

(6)  On granting an application, the Minister is to –

(a) notify in writing the applicant that the application has been granted and that he or she is required to surrender his or her permit to the Minister; and

(b) notify in writing the person to whom the permit is transferred that the application has been granted and re-issue the permit, in the person's name, to him or her.

(7)  The transfer of a permit takes effect –

(a) when notice of the granting of the application is given to the applicant and the person to whom the permit is transferred; or

(b) on a later day, determined by the Minister, that is specified in that notice.