148Nature of conflict of interest

148 Nature of conflict of interest (1) For sections 146 and 147, a person has a conflict of interest if the person: (a) is an associate of another person who owns or occupies any part of the site to which the audit relates; or Environment Protection Act 2019 146 (b) has a direct or indirect pecuniary or personal interest in: (i) any part of the site to which the audit relates; or (ii) any action or mining activity carried out or proposed to be carried out on the site or part of the site to which the audit relates; or (c) has been involved in, or is an associate of another person who has been involved in, an assessment or remediation under this Act of the site to which the audit relates. (2) For this section, a person is an associate of another person if: (a) they are partners; or (b) one is a spouse, de facto partner, parent, step-parent, child or stepchild of the other; or (c) they are both trustees or beneficiaries of the same trust, or one is a trustee and the other is a beneficiary of the same trust; or (d) one is a body corporate or other entity (whether inside or outside Australia) and the other is a director or member of the governing body of the body corporate or other entity; or (e) one is a body corporate or other entity (whether inside or outside Australia) and the other is a person who has a legal or equitable interest in 5% or more of the share capital of the body corporate or other entity; or (f) they are related bodies corporate; or (g) a relationship of a kind prescribed by regulation exists between them; or (h) a chain or relationships can be traced between them under any one or more of paragraphs (a) to (g). beneficiary, of a trust, includes an object of a discretionary trust. related body corporate, see section 9 of the Corporations Act 2001. Environment Protection Act 2019 147