98Refusal of application for transfer

98 Refusal of application for transfer

[Section 98 Subsection (1) amended by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] [Section 98 Subsection (1) amended by No. 12 of 2004, s. 30, Applied:09 Jun 2004] [Section 98 Subsection (2) omitted by No. 12 of 2004, s. 30, Applied:09 Jun 2004] [Section 98 Substituted by No. 56 of 2008, s. 47, Applied:11 Feb 2009]

(1)  The Minister may refuse an application for the transfer of a licence or water allocation of a licence if reasonably satisfied that –

(a) the transfer would be inconsistent with the objectives of this Act or any relevant water management plan; or

(b) the transfer would have a significant adverse impact on any licensee or a person taking water under Part 5 ; or

(c) the proposed taking or use of water would or might contravene the EMPC Act.

(2)  The Minister may also refuse an application for the transfer of a licence or water allocation of a licence if the proposed transferor or transferee –

(a) has been convicted of an offence against this Act; or

(b) has accepted an infringement notice; or

(c) has not paid any fee or other amount payable under this Act.