Transfer an environmental authority

You can apply to transfer an EA for a prescribed activity, but not for an EA for a resource activity.

This is because an EA for a resource activity attaches to the resource tenure and transfers automatically when the resource tenure is transferred.

The business that you will be transferring the tenure and EA to must be a suitable operator.

Transfer an EA for a prescribed ERA

You may wish to transfer your EA in some situations. For example, if you sell a business that includes an EA, you will need to transfer the EA to the new business owner. Also, a transfer will be required when an EA has joint holders and:

• an existing joint holder wants to cease being a holder
• or
• a new joint holder is added.

For an EA holder to transfer EAs for prescribed environmentally relevant activities (ERAs) to another person, the EA holder will need to make a transfer application. You will not be able to make a transfer application where the EA relates to a trial activity (which includes an expiry date).

Requirements of a transfer application

To make a transfer application you must submit the completed request to transfer environmental authority holder(s) (ESR/2015/1718) (DOCX, 189KB) to the administering authority along with the correct fee.

Transfer to a suitable operator

The most important part of the transfer application is to demonstrate that the proposed new holder of the EA is registered as a suitable operator. This is because an EA 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 completing the form Application to be a registered suitable operator (ESR/2015/1771) (DOCX, 132KB) and submitting it to the Department of Environment, Science and Innovation, using the details supplied on the form. This application can also be included with the transfer application.

Inform land owners of transfer

In some instances, the holder of the EA may not own the land where their operation occurs. In these instances, if the transfer application is approved, the new holder of the EA 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 EA 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.

Financial assurance

If the EA includes a condition that the holder must not carry out, or allow the carrying out of, a relevant activity under the EA unless the holder has paid a financial assurance to the administering authority, the holder must apply for a decision about the amount and form of financial assurance using the Application for a decision on the amount and form of financial assurance for prescribed environmentally relevant activities (ESR/2015/1754) (DOCX, 136KB).

If the previous holder paid financial assurance for this activity, they can apply to discharge the financial assurance using the Application to amend or discharge financial assurance (ESR/2016/1752) (DOCX, 149KB).

Note: Subject to section 314(5) of the Environmental Protection Act 1994, the discharge may not be approved until any financial assurance required for the environmental authority has been given by the new holder and the transfer has taken effect.

Also consider...

• Find out how to apply for an EA.
• Learn how to comply with an EA.
• Find out how to surrender or suspend an EA.
• Read the guideline on Approval processes for environmental authorities (ESR/2015/1743) (PDF, 884KB) for more details on EA assessment processes.