South Australian Consolidated Acts South Australian Consolidated Acts49—Transfer of environmental authorisations
(1) Subject to this
section and any condition of the authorisation excluding or limiting the right
of transfer under this section, the Authority must approve the transfer of an
environmental authorisation on due application under this section.
(2) The Authority may
refuse to approve the transfer of an authorisation if the Authority is not
satisfied that the proposed transferee is a suitable person to hold the
authorisation.
(3) In particular,
without limiting the effect of subsection (2), the Authority may refuse
to approve the transfer of an authorisation—
(a) if
the proposed transferee has contravened this Act or any prescribed Act, or has
held an environmental authorisation or other authority that has been cancelled
or suspended under this Act or any such prescribed Act; or
(b) if
the proposed transferee is a body corporate and a director of the body
corporate—
(i)
has contravened this Act or any prescribed Act, or has
held an environmental authorisation or other authority that has been cancelled
or suspended under this Act or any such prescribed Act; or
(ii)
is or has been the director of another body corporate
that has contravened this Act or any prescribed Act, or has held an
environmental authorisation or other authority that has been cancelled or
suspended under this Act or any such prescribed Act; or
(c) on
any ground prescribed by regulation.
(4) For the purposes
of subsection (3), any Act including an Act that has been repealed or an
Act of a place other than this State may be declared by regulation to be a
prescribed Act.
(5) An application for
approval of the transfer of an environmental authorisation must be made to
the Authority in such manner and form as is determined by the Authority and
must be accompanied by the prescribed fee.
(6) Where
the Authority requires further information to determine the application,
the Authority may, by notice in writing served on the applicant no later than
one month after the application is made, require the applicant to furnish
further specified information in writing.
(7) Where further
information is required in respect of an application, the application is to be
taken not to have been duly made until the information is furnished as
required.
(8) If the Authority
has not advised an applicant for the transfer of an authorisation of its
decision on the application within two months after the application is made,
the applicant may, after giving 14 days notice in writing to the Authority,
apply to the Environment, Resources and Development Court for an order
requiring the Authority to make its decision on the application within a time
fixed by the Court.