ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 53 - SECT 38 38 Replacement of s 129 (Transfer only by approval)
ENVIRONMENTAL PROTECTION AND OTHER LEGISLATION AMENDMENT ACT 2005 No. 53 - SECT 38
38 Replacement of s 129 (Transfer only by approval)omit, insert--
'(1) Subsections (2) to (5) apply to the following transfers--
(a) a transfer of an environmental authority (petroleum activities);
(b) a transfer of an application for an environmental authority (petroleum activities).
'(2) The transfer may be made only if--
(a) an application for the transfer has been made under this division (a transfer application); and
(b) the administering authority has approved the transfer.
'(3) To remove any doubt, it is declared that a transfer application may be made, and a transfer may be approved, for a transfer from joint holders of an environmental authority (petroleum activities) under which 1 or more of the joint holders will continue to hold the environmental authority.
'(4) A transfer application may be made under which--
(a) the proposed transferor seeks to divide an environmental authority (petroleum activities) held by the proposed transferor into 2 or more environmental authorities (petroleum activities); and
(b) the proposed transferor will remain the holder of one or more of the environmental authorities or an interest in them and transfer the rest to the proposed transferee.
'(5) Sections 130 to 136 apply for a transfer application for an application for an environmental authority (petroleum activities)--
(a) as if a reference otherwise to a holder of the environmental authority were a reference to the applicant for the authority; and
(b) as if a reference to the environmental authority were a reference to the environmental authority applied for.
'(6) In this section--
transfer, of an application for an environmental authority (petroleum activities), includes amending the application so that someone other than the current applicant becomes an applicant.'.