Environment Protection Act 1993

Subject to this section and any condition of the authorisation excluding or limiting the right of transfer under this section, the Authority must approve the transfer of an environmental authorisation on due application under this section.

The Authority may refuse to approve the transfer of an authorisation if the Authority is not satisfied that the proposed transferee is a suitable person to hold the authorisation.

In particular, without limiting the effect of subsection (2), the Authority may refuse to approve the transfer of an authorisation—

if the proposed transferee has contravened this Act or any prescribed Act, or has held an environmental authorisation or other authority that has been cancelled or suspended under this Act or any such prescribed Act;

if the proposed transferee is a body corporate and a director of the body corporate—

has contravened this Act or any prescribed Act, or has held an environmental authorisation or other authority that has been cancelled or suspended under this Act or any such prescribed Act; or

is or has been the director of another body corporate that has contravened this Act or any prescribed Act, or has held an environmental authorisation or other authority that has been cancelled or suspended under this Act or any such prescribed Act; or

on any ground prescribed by regulation.

For the purposes of subsection (3), any Act including an Act that has been repealed or an Act of a place other than this State may be declared by regulation to be a prescribed Act.

An application for approval of the transfer of an environmental authorisation must be made to the Authority in such manner and form as is determined by the Authority and must be accompanied by the prescribed fee.

Where the Authority requires further information to determine the application, the Authority may, by notice in writing served on the applicant no later than one month after the application is made, require the applicant to furnish further specified information in writing.

Where further information is required in respect of an application, the application is to be taken not to have been duly made until the information is furnished as required.

If the Authority has not advised an applicant for the transfer of an authorisation of its decision on the application within two months after the application is made, the applicant may, after giving 14 days notice in writing to the Authority, apply to the Environment, Resources and Development Court for an order requiring the Authority to make its decision on the application within a time fixed by the Court.