42LRefusal by Director or Board to grant licence

42L Refusal by Director or Board to grant licence

(1)  The Director or the Board must refuse under section 42J or 42K to grant to a person an environmental licence in relation to an activity if the Director or the Board, respectively, is satisfied that the person is, at the time of the application, disqualified under section 42ZF(8) from holding an environmental licence.

(2)  The Director or the Board may refuse under section 42J or 42K to grant to a person an environmental licence in relation to an activity if the Director or the Board, respectively, is satisfied that –

(a) the person has contravened this Act; or

(b) the person has, within the 5-year period before the day on which the licence is granted, been convicted of an offence, which the Director, or the Board, respectively, considers to be an offence relevant to the holding of the licence, against –

(i) this Act; or

(ii) any other Act; or

(iii) a law of another State, a Territory, or the Commonwealth, that relates to the protection of the environment; or

(c) the person is not a fit and proper person to hold an environmental licence; or

(d) an associate of the person has, within the 5-year period before the day on which the licence is granted, been convicted of an offence, which the Director, or the Board, respectively, considers to be an offence relevant to the holding of the licence, against –

(i) this Act; or

(ii) any other Act; or

(iii) a law of another State, a Territory, or the Commonwealth, that relates to the protection of the environment; or

(e) where the person is a natural person, the person is not an adult; or

(f) the person has not paid any fees that are due and payable under this Act, in relation to the licence, by the person.

(3)  The Director or the Board may determine for the purposes of that a person is not a fit and proper person to hold an environmental licence in relation to an activity if the Director or the Board, respectively, is reasonably of the opinion that the person, or an associate of the person, was an associate in relation to another person (including a body corporate) who or that –