Protection of the Environment Operations Act 1997
83Fit and proper persons
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83 Fit and proper persons
83 Fit and proper persons
(1) This section has effect in determining whether a person is a fit and proper person for section 45(f), 79(5)(f) or 253B(1)(a) but does not limit the section.
(2) The appropriate regulatory authority may take into consideration any or all of the following—
(a) whether the person has—
(i) contravened environment protection legislation or other relevant legislation, or
(ii) held a licence or other authority that has been suspended or revoked under environment protection legislation or other relevant legislation,
(b) if the person is a corporation—whether a director or former director of the corporation or a related body corporate has—
(i) contravened environment protection legislation or other relevant legislation, or
(ii) held a licence or other authority that has been suspended or revoked under environment protection legislation or other relevant legislation,
(c) if the person is a corporation—whether a director or former director of the corporation or a related body corporate is or has been the director of another corporation that has—
(i) contravened environment protection legislation or other relevant legislation, or
(ii) held a licence or other authority that has been suspended or revoked under environment protection legislation or other relevant legislation,
(d) the person’s record of compliance with environment protection legislation,
(e) if the person is a corporation—the record of compliance with environment protection legislation of each director or former director of the corporation or a related body corporate,
(f) whether, in the appropriate regulatory authority’s opinion, the management of the activities or works that are or are to be authorised, required or regulated under the relevant licence will or will not be in the hands of a technically competent person,
(g) whether, in the appropriate regulatory authority’s opinion, the person is of good repute, having regard to character, honesty and integrity,