Environmental law – transfer of consents

An often forgotten fish hook in business and land transactions is ensuring transfer of any consents required for your activity to take place.  This can be something as straightforward as a discharge consent for domestic wastewater when you purchase a new home or as pivotal as a discharge consent to air for a manufacturing business when you purchase the business.

Some consents run with the land but many (mainly those related to big ticket items like soil, water, air, and coastal space) require a transfer form or transfer application to be lodged with the Council and signed by the consent holder as well as the new consent holder.

When these get forgotten, there is always the risk that the existing consent holder may disappear either by changing their contact details or if the consent is held by a company, winding up the company.

It is important to incorporate transfer requirements within your agreement or other documentation to ensure you are not left in a position of being unable to do all that you need to do and facing the unnecessary delay and cost in chasing a transfer or seeking a consent of your own.

Feel free to contact us for advice on how to ensure you secure your transfer before your deal is done or for help if you find yourself caught on that fishhook now instead.