PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 49H
PASTORAL LAND MANAGEMENT AND CONSERVATION ACT 1989 - SECT 49H
(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).