Contaminated Land Management Act 1997
63Director of body corporate that is wound up
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63 Director of body corporate that is wound up
63 Director of body corporate that is wound up
(1) The Land and Environment Court may order a person to comply with a management order at the person’s own expense if the person was a director of, or a person concerned in the management of, a body corporate that—
(a) has been wound up within the 2 years before the Court’s order is made, and
(b) has failed to comply with the management order.
(2) Once the Court has made its order under this section, the original management order is taken to have been made against the person under Part 3, subject to any modification by the Court. Part 3, and the other provisions of this Act relating to orders under that Part, then apply to the order and the person accordingly.
(3) The Court may make an order under this section only if it is satisfied, on an application by the EPA, that—
(a) the person was a director of, or a person concerned in the management of, the body corporate at the time when the management order was made, and
(b) there is reason to believe that the body corporate was wound up as part of a scheme to avoid compliance with the management order.
(4) There is reason for such a belief if—
(a) the body corporate carried out one or more transactions—
(i) that were voidable because of section 588FE of the Corporations Act 2001 of the Commonwealth, or
(ii) that were such that the liquidator of the body corporate had a right to recovery of cash under section 567 of the Corporations Act 2001 of the Commonwealth, or
(iii) by which the body corporate incurred a debt in relation to which a person contravened section 588G of the Corporations Act 2001 of the Commonwealth, and
(b) there was (at the time or times when the body corporate entered those transactions or a substantial portion of them) reason to believe that the land was contaminated, and
(c) in a case to which regulations made for the purposes of this section apply, the conditions prescribed by those regulations are satisfied.