CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 24 Transfer of permits

CHEMICAL WEAPONS (PROHIBITION) ACT 1994 - SECT 24

  (1)   If:

  (a)   because the ownership of a facility is to be transferred; or

  (b)   for any other reason;

a person other than the permit holder in relation to a facility will become the operator of that facility, that person may make application to the Minister for the transfer to that person of the permit by giving the Controller an application, in the approved form, containing such information as is required by the form.

  (2)   The Controller may, by written notice, request the applicant for transfer to give the Controller additional information within a period specified in the notice.

  (3)   If the applicant does not give the Controller the additional information within the period specified in the notice, the application for transfer is taken to have been withdrawn.

  (4)   If the Controller is satisfied with the application (including any additional information) given by the applicant, the Controller must give a report to the Minister that includes the Controller's recommendation as to whether the permit should be transferred.

  (5)   After considering the Controller's report, the Minister may, by written notice given to the applicant, grant, or refuse to grant, the application for transfer.

  (6)   If the Minister agrees to transfer the permit to that person:

  (a)   this Act has effect as if all dealings with chemicals by the previous permit holder were dealings with chemicals by the new permit holder; but

  (b)   nothing in paragraph   ( a) implies that any breach of the Act or of the regulations, or of the conditions of the permit, by the previous permit holder will be taken to be a breach of the Act or of the regulations, or of the conditions of the permit, by the new permit holder.