52. Transfer of waste management licences

  1. If ownership of a waste management activity for which a waste management licence was issued is transferred, the holder may, with the permission of a licensing authority, transfer the licence to the new owner of the waste management activity.
  2. A person applying for permission to transfer a waste management licence must lodge the application with the licensing authority.
  3. The application must be in the form required by the licensing authority.
  4. An application for the transfer of a waste management licence must be accompanied by-
    1. the prescribed processing fee; and
    2. such documentation and information as may be reasonably required by the licensing authority.
  5. If the environment or the rights or interests of other parties are likely to be adversely affected, the Minister or MEC must, before deciding the application for transfer, request the applicant to conduct a consultation process that may be appropriate in the circumstances to bring the application for the transfer of a waste management licence to the attention of relevant organs of state, interested persons and the public.
  6. When considering an application for the transfer of a waste management licence, the licensing authority may request any additional information, and must take into account all relevant matters, including whether the person to whom the licence is to be transferred is a fit and proper person as contemplated in section 59.
  7. If the licensing authority's decision is to grant permission for the transfer of the waste management licence, the licensing authority-
    1. must issue an amended licence which reflects the details of the person to whom the licence is being transferred; and
    2. may make such amendments to the licence as are necessary to ensure that the purpose of any financial arrangements that are required in that licence are given effect to.
  8. The transfer of a waste management licence does not relieve the holder of the licence from whom the licence was transferred of any liability that the licence holder may have incurred whilst he or she was the holder of that licence.
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