You may wish to transfer your environmental authority in some situations. For example, if you sell a business that includes an environmental authority, you will need to transfer the environmental authority to the new business owner. A transfer will also be required when an environmental authority has joint holders and:
An existing joint holder wants to cease being a holder; or
A new joint holder is added.
For you to transfer environmental authorities to another person, you will need to make a transfer application.
To make a transfer application you must submit the completed Request to Transfer Environmental Authority Holder(s) to Council with the correct fee. Please contact the Environment and Public Health Unit of Council for a copy of the relevant form.
The most important part of the transfer application is to demonstrate that the proposed new holder of the environmental authority is registered as a suitable operator. This is because an environmental authority transfer application can only be refused if the proposed holder is not a registered suitable operator.
Where all or part of the operation is being transferred, the new holder may wish to apply in advance for registration as a suitable operator by submitting the suitable operator application to the Department of Environment and Heritage Protection. This application can also be included with the transfer application.
Development permits for environmentally relevant activities are not transferable as the conditions apply to the land itself. If you purchase the land parcel you will also acquire the development permit.
Inform land owners of transfer
In some instances, the holder of the environmental authority may not own the land where their operation occurs. In these instances, if the transfer application is approved, the new holder of the environmental authority is required to inform the owners of the land on which the activity takes place that they are the new holder.
This is a requirement that is generally covered by the commercial arrangements between parties for the lease of the land. Because the environmental authority may involve a notifiable activity (activities with the potential to cause land contamination), it is essential that the land owners are aware of who is carrying out an activity on their land.