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PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 49H

PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 49H

49H—Dealing with licence

        (1)         Subject to this section and the conditions of the wind farm licence, the licence cannot be transferred, assigned, mortgaged, sublet or otherwise dealt with without the consent of the Minister.

        (2)         If the Minister has consented to a wind farm licence being mortgaged under this section, the mortgagee may exercise rights pursuant to the mortgage agreement in relation to the licence without the further consent of the Minister if notice, in writing, of the proposed exercise of rights has been given to the Minister.

        (3)         A wind farm licence granted to a body corporate may be transferred or assigned to a related body corporate without the consent of the Minister if notice, in writing, of the proposed transfer or assignment has been given to the Minister.

        (4)         If the licensee transfers or assigns the licence—

            (a)         all accrued and accruing liabilities to the Crown pass to the transferee or assignee; and

            (b)         any such liabilities that had accrued before the date of the transfer or assignment may be enforced against the transferor or assignor (who will be regarded as jointly and severally liable with the transferee or assignee).