Victorian Consolidated Legislation

Environment Protection Act 1970 - SECT 25

Transfer of works approvals or licences

25. Transfer of works approvals or licences



(1) An application for the transfer of a works approval or a licence shall be-

   (a)  made in accordance with a form and in a manner approved by the
        Authority;

   (b)  accompanied by the prescribed fee; and

   (c)  accompanied by such plans, specifications and other information as the
        Authority may require.

(2) The Authority may-

   (a)  refuse to transfer the works approval or licence; or

   (b)  transfer the works approval or licence subject to such conditions if
        any as the Authority considers appropriate; or

   (c)  refuse to transfer and issue a new licence in respect of a scheduled
        premises currently included in a licence amalgamated under section
        20(11A); or

   (d)  transfer and issue a new licence in respect of a scheduled premises
        currently included in a licence amalgamated under section 20(11A)
        subject to any conditions that the Authority considers appropriate.

(3) If a person who becomes the occupier of any premises in respect of which a
licence is in force complies with the conditions of the licence previously in
force and within 30 days of becoming the occupier of the premises applies
under subsection (1) for the transfer of the licence or applies for the issue
of a new licence, the person is not liable to any penalty under this Act for-

   (a)  the discharge, emission or deposit of waste to the environment; or

   (b)  the reprocessing, treatment, storage, containment, disposal or
        handling of waste; or

   (c)  the reprocessing, treatment, storage, containment, disposal or
        handling of substances which are a danger or a potential danger to the
        quality of the environment or any segment of the environment; or

   (d)  any activity which creates a state of potential danger to the quality
        of the environment or any segment of the environment-

without a licence.

(4) If the Authority refuses to transfer a licence or issue a new licence to a
person to whom subsection (3) applies, the person must within 10 days of
receiving notice of that refusal cease-

   (a)  the discharge, emission or deposit of waste to the environment; or

   (b)  the reprocessing, treatment, storage, containment, disposal or
        handling of waste; or

   (c)  the reprocessing, treatment, storage, containment, disposal or
        handling of substances which are a danger or a potential danger to the
        quality of the environment or any segment of the environment; or

   (d)  any activity which creates a state of potential danger to the quality
        of the environment or any segment of the environment.



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