National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Chapter 5 : Licensing of Listed Activities

44. Transfer of provisional atmospheric emission licences and atmospheric emission licences
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(1)If ownership of an activity for which a provisional atmospheric emission licence or an atmospheric emission licence was issued is transferred, the licence may, with the permission of a licensing authority, be transferred by the holder of the licence to the new owner of the activity.

 

(2)        

(a) A person applying for permission for the transfer of a licence must lodge the application with the licensing authority of the area in which the listed activity is carried out.
(b) The application must be in the form required by the licensing authority.

 

(3)An application for the transfer of a licence must be accompanied by—
(a) the prescribed processing fee; and
(b) such documentation and information as may be required by the licensing authority.

 

(4)        

(a) An applicant must take appropriate steps to bring the application for the transfer of an atmospheric emission licence to the attention of interested persons and the public.
(b) Such steps must include the publication of a notice in at least two newspapers circulating in the area in which the listed activity applied for is carried out—
(i) describing the reasons for the transfer of an atmospheric emission licence;
(ii) giving particulars of the listed activity, including the place where it is carried out;
(iii) stating a reasonable period within which written representations on or objections to the application may be submitted, and the address or place where representations or objections must be submitted; and
(iv) containing such other particulars as the licensing authority may require.

 

(5) When considering an application for the transfer of a licence, the licensing authority 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 49.