New South Wales Consolidated Acts

PROTECTION OF THE ENVIRONMENT OPERATIONS ACT 1997 - SECT 83

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--

(a) whether the person has--

(i) contravened environment protection legislation or other relevant legislation, or

(ii) held a licence or other authority that has been suspended or revoked under environment protection legislation or other relevant legislation,

(b) if the person is a corporation--whether a director or former director of the corporation or a related body corporate has--

(i) contravened environment protection legislation or other relevant legislation, or

(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--

(i) contravened environment protection legislation or other relevant legislation, or

(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.