PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 83
Fit and proper persons
PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 83
Fit and proper persons
83 Fit and proper persons
(1) This section has effect in determining whether a person is a fit and
proper person for section 45(f), 79(5)(f) or 253B(1)(a) but does not limit the
section.
(2) The appropriate regulatory authority may take into consideration
any or all of the following--
(ii) held a licence
or other authority that has been suspended or revoked under environment
protection legislation or other relevant legislation,
(c) if the person is a
corporation--whether a director or former director of the corporation or a
related body corporate is or has been the director of another corporation that
has--
(ii) held a licence or other authority that
has been suspended or revoked under environment protection legislation or
other relevant legislation,
(d) the person's record of compliance with
environment protection legislation,
(e) if the person is a corporation--the
record of compliance with environment protection legislation of each director
or former director of the corporation or a related body corporate,
(f)
whether, in the appropriate regulatory authority's opinion, the management of
the activities or works that are or are to be authorised, required or
regulated under the relevant licence will or will not be in the hands of a
technically competent person,
(g) whether, in the appropriate regulatory
authority's opinion, the person is of good repute, having regard to character,
honesty and integrity,
(h) if the person is a corporation--whether each
director and former director of the corporation or a related body corporate
is, in the appropriate regulatory authority's opinion, of good repute, having
regard to character, honesty and integrity,
(i) whether the person, in the
previous 10 years, has been convicted in New South Wales or elsewhere of an
offence involving fraud or dishonesty,
(j) if the person is a
corporation--whether a director or former director of the corporation or a
related body corporate, in the previous 10 years, has been convicted in New
South Wales or elsewhere of an offence involving fraud or dishonesty,
(k)
whether the person, during the previous 3 years, was personally insolvent,
(l) if the person is a corporation--whether a director or former director of
the corporation or a related body corporate, during the previous 3 years and
while a director of the corporation or related body corporate, was personally
insolvent,
(m) if the person is a corporation--whether the person or a
related body corporate applied to take the benefit of a law for the relief of
insolvent debtors or compounded with the person's or body corporate's
creditors,
(n) if the person is an individual--whether the person is or was a
director of a corporation that--
(i) is the subject of a winding up order, or
(ii) has had a controller or administrator appointed during the previous 3
years,
(o) if the person is a corporation--whether the corporation--
(i) is
the subject of a winding up order, or
(ii) has had a controller or
administrator appointed during the previous 3 years,
(p) whether the person
has demonstrated to the EPA the financial capacity to comply with the person's
obligations under or in connection with the licence or proposed licence,
(q)
whether the person is in partnership, in connection with activities that are
subject to a licence or licence application, with a person whom the
appropriate regulatory authority does not consider to be a fit and proper
person under this section,
(r) if the person is a corporation--whether a
related body corporate is in partnership with a person whom the appropriate
regulatory authority does not consider to be a fit and proper person under
this section,
(s) another ground prescribed by the regulations.
(3) A
reference in subsection (2) to a director of a body corporate extends to a
person involved in the management of the affairs of the body corporate.
(4)
Without limiting the generality of the above, the appropriate regulatory
authority may disregard contraventions referred to in subsection (2) having
regard to the seriousness of the contraventions, the length of time since they
occurred, and other matters that appear relevant to the appropriate regulatory
authority.
(5) For the purposes of this section,
"other relevant legislation" is any legislation declared by the regulations to
be other relevant legislation for the purposes of this section. The
regulations may so declare legislation that has been repealed or legislation
of a place outside the State.
