Transfer of licences and forest permits—the Act, ss 39, 60 and 92
27 Transfer of licences and forest permits—the Act, ss 39, 60 and 92
This section applies to the following licences or permits—
a timber licence,
a forest products licence,
a forest materials licence,
a forest permit.
For the Act, sections 39(2) and 60(4), it is a condition of the licence or permit that the holder of the licence or permit (the transferor) transfer the licence or permit to another person in accordance with this section.
An application by a transferor to transfer the licence or permit to another person may be made to—
for a timber licence, forest products licence or forest materials licence—the Corporation, or
for a forest permit—the land manager of the relevant forestry area.
For the Act, section 92(2)(k), the application must be—
in the approved form, and
for a licence—
lodged at the office of the Corporation closest to the relevant forestry area, or
lodged at another place approved by the Corporation, and
for a permit—
lodged at the office of the land manager closest to the relevant forestry area, or
lodged at another place approved by the land manager, and
accompanied by the relevant transfer fee.
The Corporation or land manager may refuse to grant the transfer for a reason the Corporation or land manager considers appropriate.
The Corporation or land manager must, by written notice given to the transferor within a reasonable period after receiving an application, notify the transferor that the application has been granted or refused.
If the Corporation or land manager grants the transfer, the Corporation or land manager must—
if the transferor did not lodge the licence, forest permit or forest lease with the application—request the licence, permit or lease, and
record the transfer on the licence, permit or lease or on a document attached to the licence, permit or lease, and
record the transfer in the Corporation or land manager’s records.
The transferor may withdraw an application to transfer a licence, forest permit or forest lease by giving written notice to the Corporation or land manager before the Corporation or land manager notifies the transferor the application has been granted or refused.
If an application is withdrawn, the Corporation or the land manager may retain all or part of the relevant transfer fee to meet the costs of processing the application.
In this section—
relevant transfer fee means—
for a licence—the fee determined by the Corporation, and
for a forest permit or forest lease—the fee determined by the land manager of the relevant forestry area.
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