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NATURE CONSERVATION ACT 2014 - SECT 290

Licence—decision on application to transfer licence

    (1)     This section applies if the conservator receives an application to transfer a licence under section 289.

    (2)     The conservator may transfer the licence to the proposed new licensee only if satisfied that each of the following people is a suitable person to hold the licence:

        (a)     the proposed new licensee;

        (b)     if the proposed new licensee is a corporation—each influential person for the proposed new licensee;

        (c)     if someone other than the proposed new licensee is to have management or control of the activity for the licence—each person who is to have management or control of the activity.

Note     Suitable person , to hold a licence—see  s 265.

    (3)     If the conservator decides to transfer the licence, the conservator may impose or amend a condition on the licence.

    (4)     The conservator must, not later than the required time

        (a)     decide the application for transfer; and

        (b)     tell the old licensee and new licensee about the decision.

    (5)     In this section:

"required time" means the latest of the following:

        (a)     if the conservator gives a person mentioned in section 289 (2) (b) a personal information notice under section 26728 days after the day the conservator receives the stated information;

        (b)     28 days after the day the conservator receives the application.

Note     Failure to transfer a licence within the required time is taken to be a decision not to transfer the licence (see ACT Civil and Administrative Tribunal Act 2008

, s 12).



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