192MMeaning of related person of high risk entity

192M Meaning of related person of high risk entity (1) A person is a related person of a high risk entity if: (a) the relevant decision-maker decides in accordance with section 192N that the person has a relevant connection to the high risk entity; or

Environment Protection Act 2019 179 (b) the person is a holding entity of the high risk entity; or (c) the person: (i) is an associated entity of the high risk entity; and (ii) is the owner or occupier of land on which the high risk entity carries out or has, in the preceding 3 years, carried out, a petroleum activity. (2) A person is not a related person of a high risk entity if: (a) the person is acting in the capacity of liquidator, receiver, receiver and manager or administrator of the high risk entity in accordance with: (i) the Corporations Act 2001 (Cth); or (ii) the CATSI Act; or (b) the person is acting as a special administrator of the high risk entity under Part 11-2 of the CATSI Act; or (c) the person is acting in the capacity of small business restructuring practitioner for the high risk entity in accordance with the Corporations Act 2001 (Cth); or (d) the person is acting as a trustee in bankruptcy for the high risk entity under the Bankruptcy Act 1966 (Cth). (3) The period of 3 years mentioned in subsection (1)(c): (a) refers to a period ending immediately before the decision whether to issue a compliance notice to the person in accordance with this Division is made; and owner, of land, does not include: (a) for land for which there is a native title holder under the Native Title Act 1993 (Cth) – the native title holder; or (b) for Aboriginal land – a traditional Aboriginal owner (as defined in section 3(1) of the Aboriginal Land Rights (Northern Territory) Act 1976 (Cth)) of the land.

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