ENVIRONMENT PROTECTION ACT 2017 - SECT 56 Transfer of licence or permit

ENVIRONMENT PROTECTION ACT 2017 - SECT 56

    (1)     A person may, with the agreement of the holder of a licence or permit, apply for the transfer of that licence or permit to the applicant.

    (2)     An application under subsection (1) must be made—

        (a)     in the case of a licence or permit issued by the Authority, to the Authority; or

        (b)     in the case of a permit issued by a council, to that council.

    (3)     An application under subsection (1) must—

        (a)     be made—

              (i)     in the case of an application made to the Authority, in a form and manner approved by the Authority; or

              (ii)     in the case of an application made to a council, in the prescribed form and manner; and

S. 56(3)(b) amended by No. 36/2022 s. 35(1).

        (b)     be accompanied by the prescribed fee (if any) for the application; and

        (c)     be accompanied by any information or thing required by the Authority or council.

S. 56(4) amended by No. 36/2022 s. 35(2).

    (4)     Subject to section 51B, the Authority or council must, within 20 business days after receiving an application under subsection (1)—

        (a)     refuse to transfer the licence or permit; or

        (b)     transfer the licence or permit subject to any conditions that the Authority or council considers appropriate.

    (5)     The Authority or council must refuse to transfer a licence or permit if the Authority or council considers that the applicant is not a fit and proper person to hold a licence or permit.

    (6)     The Authority or council must, as soon as practicable after making a decision under subsection (4), give the applicant and holder of the licence or permit written notice stating—

        (a)     the decision; and

        (b)     in the case of a decision to transfer the licence or permit, the date on which the transfer takes effect; and

        (c)     in the case of a decision to refuse to transfer the licence or permit, or a decision to transfer the licence or permit subject to conditions—

              (i)     the reasons for the decision; and

              (ii)     that the applicant may apply to VCAT for review of the decision.

S. 57 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12− 30, 3/2020 ss 42– 44, 47/2020 s. 26).