6Fit and proper person

6 Fit and proper person (1) For section 62(1)(b) or 124R(1)(b) of the Act, the following matters are prescribed: (a) whether, in the Minister's opinion, the person is of good repute, having regard to character, honesty and integrity; (b) if the person is a body corporate – whether, in the Minister's opinion, each director of the body corporate is of good repute, having regard to character, honesty and integrity;

Environment Protection Regulations 2020 4 (c) if the person is a member of a partnership – whether, in the Minister's opinion, each member of the partnership is of good repute, having regard to character, honesty and integrity. (2) If the Minister has regard to the matters in section 62(1)(a) or 124R(1)(a) of the Act in relation to a person that is a body corporate, the following additional matters are prescribed for section 62(1)(b) or 124R(1)(b) of the Act: (a) whether the Minister believes on reasonable grounds that a director of the body corporate: (i) has contravened a law of the Territory or another jurisdiction that relates to the physical or biological environment, including matters relating to pollution, biodiversity, natural resources, planning, development or waste; or (ii) has contravened a law of the Territory or another jurisdiction that relates to heritage, health or cultural matters, including matters relating to sacred sites; or (iii) has contravened a law of the Territory or another jurisdiction that relates to work health and safety; or (iiia) has contravened a law of the Territory under which a tax or royalty is payable to the Territory; or (iv) has committed an offence against any law of the Territory or another jurisdiction that involves an element of fraud or dishonesty; or (v) has behaved or is likely to behave in a way that is inconsistent with the person's duties as an approval holder or a mining operator (as the case requires); (b) whether the Minister believes on reasonable grounds that a director of the body corporate is or has been the director of another body corporate that has engaged in conduct of a kind mentioned in paragraph (a); (c) if the body corporate is the subsidiary of another body or company (the parent company) – whether the Minister believes on reasonable grounds that: (i) the parent company or a director of the parent company has engaged in conduct of a kind mentioned in paragraph (a); or

Environment Protection Regulations 2020 5 (ii) a director of the parent company is or has been the director of another body corporate that has engaged in conduct of a kind mentioned in paragraph (a). (3) Subregulation (2) does not apply in relation to conduct by a person to the extent that the Minister, having regard to the following matters, considers that the conduct should not be taken into account: (a) the seriousness of the conduct; (b) the length of time since the conduct occurred; (c) any other matters that appear relevant to the Minister. (4) For sections 62(1)(b) and 124R(1)(b) of the Act, the following additional matters are prescribed: (a) whether the person, during the previous 3 years: (i) was an undischarged bankrupt; or (ii) applied to take the benefit of any law for the relief of bankrupt or insolvent debtors; or (iii) compounded with the person's creditors or made an assignment of the person's remuneration for their benefit; (b) whether the person is or was a director of a body corporate: (i) that is the subject of a winding up order; or (ii) for which a controller or administrator has been appointed during the previous 3 years; (c) if the person is a body corporate – whether the body corporate: (i) is the subject of a winding up order; or (ii) has had a controller or administrator appointed during the previous 3 years; (d) whether, in the Minister's opinion, the person has the financial capacity to comply with the person's obligations under the environmental approval; (e) whether, in the Minister's opinion, actions or things authorised by the environmental approval will be carried out by a technically competent person.