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Environment Protection Act 2019
283ENature of conflict of interest
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283E Nature of conflict of interest
(1) For sections 283C and 283D, 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 specified information or specified
report relates; or
(b) has a direct or indirect pecuniary or personal interest in:
(i) any part of the site to which the specified information or
specified report relates; or
(ii) any action carried out or proposed to be carried out on
the site or part of the site to which the specified
information or specified report 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 specified information or
specified report 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
Environment Protection Act 2019 247
(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 of 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 (Cth).