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Offshore Renewable Energy Bill

Regime for offshore renewable energy permits and infrastructure protection - Provisions relating to both feasibility permits and commercial permits - Permit transfers and changes in significant influence

52: General provisions relating to transfers and changes in significant influence

You could also call this:

"Rules for when someone takes over or gives up control of an offshore energy project"

Illustration for Offshore Renewable Energy Bill

The Minister can approve a transfer under section 42 or a change in significant influence under section 46 with conditions they think are suitable. You need to follow these conditions as if they are part of the permit. The conditions start on the date the transfer or change takes effect.

If someone transfers a permit as per section 42 and stops being a permit holder, they no longer have rights or obligations under the permit. However, they are still responsible for anything they did wrong before the transfer.

The Minister's approval can have conditions that affect what happens when a permit is transferred. There are also other rules in subparts 2 and 3 of Part 3 that apply to transfers and changes in significant influence.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=LMS992196.

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"You must follow all rules, including other laws, when making big changes."

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53: When permit may be revoked, or

"When the Minister can cancel an offshore renewable energy permit if rules are broken."

Part 2Regime for offshore renewable energy permits and infrastructure protection
Provisions relating to both feasibility permits and commercial permits: Permit transfers and changes in significant influence

52General provisions relating to transfers and changes in significant influence

  1. The Minister may give approval to a transfer under section 42 or to a change in significant influence under section 46 subject to any conditions that the Minister thinks fit.

  2. All conditions of the Minister’s approval are, for the purposes of this Act, to be treated as conditions of the relevant permit.

  3. All conditions of the Minister’s approval take effect on the date the transfer or change in significant influence takes effect.

  4. If, as a result of the transfer of a permit in accordance with section 42, a person ceases to be a permit holder, that person ceases to have any rights or obligations under the permit except in respect of any contravention of the conditions of the permit, or of a requirement under this Act or the regulations, that occurred before the date of the transfer.

  5. Subsection (4) is subject to—

  6. the conditions of the permit; and
    1. the conditions of the Minister’s approval to the transfer of the permit; and
      1. subparts 2 and 3 of Part 3.