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OZONE PROTECTION AND SYNTHETIC GREENHOUSE GAS MANAGEMENT ACT 1989 - SECT 35

Transfer of quotas

  (1)   If:

  (a)   a licensee is allocated an HCFC quota; and

  (b)   the Minister transfers the licence under section   19B;

the unused part of the quota is taken to have been allocated to the transferee on the date of the transfer.

  (2)   A licensee (including the licensee for a suspended licence) may, without transferring the licensee's licence, transfer to another licensee the unused part of:

  (a)   an HCFC quota allocated to the first licensee for a quota period; and

  (b)   each HCFC quota (if any) allocated to the first licensee for later quota periods.

  (2A)   A licensee (including the licensee for a suspended licence) may, instead of transferring the whole of the unused parts of the quotas mentioned in subsection   (2):

  (a)   choose a particular percentage; and

  (b)   without transferring the licensee's licence, transfer to another licensee the lesser of the following percentages of each of those quotas:

  (i)   the chosen percentage;

  (ii)   the percentage of the quota that is unused.

  (3)   A transfer mentioned in subsection   (2) has no effect until the transferor notifies the Minister of the transfer.

  (4)   A notice must:

  (a)   state the transferee's name, address and licence number; and

  (b)   specify the amount of quota transferred.

  (5)   After a transfer mentioned in subsection   (2) takes effect:

  (a)   the transferred quota, or part of a quota, is taken to have been allocated to the transferee; and

  (b)   if part of a quota is transferred--the transferor is taken to have been allocated the untransferred part of the quota.



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