64Director of body corporate that disposed of land

#### 64 Director of body corporate that disposed of land 64 Director of body corporate that disposed of land > > (1) The Land and Environment Court may order a person to comply with a management order at the person’s own expense if— > > > > > (a) the person was a director of, or a person concerned in the management of, a body corporate that transferred land, to which the management order related, within the 2 years before the Court’s order is made, and > > > > > (b) the person to whom the land was transferred (the transferee) has failed to comply with the management order. > > > (2) A person who is subject to an order of the Court under this section must comply with the management order, subject to any modification by the Court. > > > (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 person concerned in the management of, the body corporate at the time of the transfer of the land or at the time when the management order was made in respect of the transferee, and > > > > > (b) there is reason to believe that the body corporate transferred the land as part of a scheme to avoid having itself to carry out management of the land (whether or not a management order had been made in respect of the body corporate). > > > (4) There is reason for such a belief if, at the time or times when the body corporate entered into one or more transactions, or a substantial portion of the transactions, for the transfer of the land— > > > > > (a) there was reason to believe that the land was contaminated, and > > > > > (b) the transferee was another body corporate that was related to the first body corporate (within the meaning of the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth), and > > > > > (c) the first body corporate had reason to believe that the transferee was unable to pay its debts or would, if it took steps with respect to the management of contamination of the land (to the extent that a reasonable person would have expected, at the time or times, would be necessary), become unable to pay its debts. > > > (5) The Court must not make an order under this section if the person against whom the order would be made satisfies the Court that— > > > > > (a) the person had no knowledge, actual, imputed or constructive, of the scheme or any element of the scheme, or > > > > > (b) the person was not in a position to influence the conduct of the first body corporate in relation to that scheme, or > > > > > (c) the person, if in such a position, used all due diligence to prevent the pursuit of the scheme by the first body corporate. > > > (6) The mere fact that the relevant order was partially complied with by the transferee does not exclude the possibility that there is reason to form the belief referred to in subsection (3). > > **s 64:** Am 2001 No 34, Sch 4.9 \[2\]; 2008 No 111, Sch 1 \[18\] \[19\] \[22\]–\[26\].