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Environment Protection Act 2019
192MMeaning of related person of high risk entity
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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
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(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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