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FOREST WIND FARM DEVELOPMENT ACT 2020 - SECT 42
Transfers of project leases
42 Transfers of project leases
(1) A project lease may be transferred to another entity (the
"transferee" )— (a) only if— (i) the lessee stops being the proponent for
the relevant development agreement for the lease; and
(ii) the transferee is
the new proponent for the relevant development agreement for the lease; and
(iii) the transferee is, under the Land Act 1994 , eligible to hold the lease;
and
(iv) the Minister, by notice given to the lessee, approves the transfer;
and
(b) except to the extent any of the following prohibit the transfer—
(i) a condition of the lease;
(ii) the relevant development agreement for the
lease;
(iii) the Land Act 1994 .
(2) For subsection (1) (a) (iv) , the
Minister must approve the transfer if satisfied— (a) subsection (1) (a) (i)
to (iii) applies in relation to the transfer; and
(b) the transfer is not
prohibited under subsection (1) (b) .
(3) The Minister’s approval of the
transfer lapses on the day that is 3 months after the approval is given unless
the lessee complies with section 49 (1) (a) in relation to the transfer before
that day.
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