Queensland Consolidated Acts

COASTAL PROTECTION AND MANAGEMENT ACT 1995 - SECT 82A

82A Deciding application to transfer allocation

(1) The chief executive must decide an application to transfer an allocation made under section 82 within 30 days after—

(a) if further information or documents are requested under section 82 (3) —receiving the further information or documents; or

(b) otherwise—receiving the application.

(2) The chief executive must decide to—

(a) approve the transfer as applied for, with or without conditions; or

(b) approve the transfer, as varied by the chief executive, with or without conditions; or

(c) refuse to approve the transfer.

(3) In making a decision under subsection (2) , the chief executive must consider—

(a) the impact the transfer may have on coastal management; and

(b) the matters mentioned in section 75 .

(4) Within 30 business days after deciding the application, the chief executive must—

(a) give the applicant and the proposed transferee written notice of the decision; and

(b) if the transfer is approved—

(i) give the transferee a new allocation in accordance with the approval; and

(ii) if the transfer is of only a part of an allocation—give the applicant an amended allocation notice for the part not transferred.

(5) A transfer of an allocation has effect from the day written notice of the approval of the transfer is given under subsection (4) .

(6) In this section—

"coastal management" does not include coastal management in relation to Aboriginal cultural heritage or Torres Strait Islander cultural heritage.