Queensland Consolidated Acts

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ENVIRONMENTAL PROTECTION ACT 1994 - SECT 259

259 Transfer only by approval

(1) This section applies to the following transfers—

(a) the transfer of an environmental authority (mining activities) to a person who does not already hold the environmental authority;
(b) a transfer of an application for an environmental authority (mining lease).

(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 (mining 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 (mining activities) held by the proposed transferor into 2 or more environmental authorities (mining 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) Despite subsections (1) to (4)—

(a) an environmental authority (prospecting) can not be transferred; and
(b) a transfer application of a type mentioned in subsection (4) can not be made for an environmental authority (prospecting).

(6) A transfer application can not be made for an application for an environmental authority (mining activities) other than an an environmental authority (mining lease).

(7) Sections 260 to 266 apply for a transfer application for an application for an environmental authority (mining lease)—

(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 otherwise to the environmental authority were a reference to the environmental authority applied for.

(8) In this section—

transfer, of an application for an environmental authority (mining lease), includes amending the application so that someone other than the current applicant becomes an applicant.



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