AustLII Tasmanian Consolidated Acts

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ENVIRONMENTAL MANAGEMENT AND POLLUTION CONTROL ACT 1994 - SECT 42W

Transfer of licences

(1)  The holder of an environmental licence may apply to the Director, in a form approved by the Director, for the Director to transfer the licence to another person.
(2)  The Director may, if he or she receives an application under subsection (1) from the holder of an environmental licence –
(a) transfer the licence to another person; or
(b) refuse to transfer the licence to another person.
(3)  Subject to section 42X , the Director may transfer under subsection (2) an environmental licence if the Director is satisfied that it is appropriate to do so.
(4)  Subject to section 42Z , the Director may impose conditions or restrictions, or both, on an environmental licence as transferred under subsection (2) .
(5)  The Director may determine that an environmental licence, when transferred under subsection (2)  –
(a) is to remain in force, subject to this Act, for a period determined by the Director and specified in the licence document; or
(b) is to remain in force, subject to this Act, for an unlimited period.
(6)  The Director must notify a person who has applied under subsection (1) for the transfer of an environmental licence –
(a) of a decision by the Director to transfer, or to refuse to transfer, the licence under subsection (2) ; and
(b) if the Director has refused to transfer the licence under subsection (2) , of the reasons for refusing to transfer the licence; and
(c) of any conditions or restrictions that are imposed on the licence as transferred under subsection (2) and the reasons for imposing them; and
(d) of the rights of the person under Subdivision 9 to appeal to the Appeal Tribunal in relation to a decision made by the Director under this section or section 42Y(1) .



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