Commonwealth Numbered Regulations

1993 No. 206 GREAT BARRIER REEF MARINE PARK REGULATIONS (AMENDMENT) - REG 18

18.1 After regulation 19D, insert: Transfer of permissions

"19E. (1) A permission that is a chargeable permission may be transferred by
the permission holder to another person if the Authority approves the
transfer.

"(2) Application for approval by the Authority must be:

   (a)  in a form approved by the Authority;

   (b)  signed by the proposed transferor and the proposed transferee; and

   (c)  lodged with the Authority at least 28 days before the day on which
        transfer is intended to occur.

"(3) In considering an application for approval, the Authority must have
regard to:

   (a)  any charge payable by the proposed transferee in relation to a
        chargeable permission (whether or not in force) that is overdue for
        payment; and

   (b)  if the application relates to an undeveloped project, the cost of
        which will be large-the capacity of the proposed transferee to
        satisfactorily develop the project.

"(4) Within 28 days of receiving an application, the Authority must:

   (a)  approve the proposed transfer; or

   (b)  if the Authority does not approve the proposed transfer-give to the
        applicant written notice of refusal to approve the transfer, together
        with a statement of the reasons for the refusal.

"(5) The Authority's approval may be given subject to:

   (a)  conditions indemnifying the Authority in respect of costs to the
        Authority that the proposed transferee's activities as permission
        holder might incur; and

   (b)  conditions appropriate to the attainment of the object of the Act.".