Biodiversity Conservation Regulation 2017

The Minister may consider any of the following matters that are known to the Minister in determining whether a person is a fit and proper person to enter into, and fulfil the obligations imposed by, a proposed biodiversity stewardship agreement—

whether the person (or an associated manager of the person) has contravened any relevant legislation, or has held a licence or other authority that has been suspended or revoked under any relevant legislation,

if the person is an associated manager of another person—whether the other person has contravened any relevant legislation, or has held a licence or other authority that has been suspended or revoked under any relevant legislation,

the record of compliance with relevant legislation of the person (or an associated manager of the person),

whether, in the opinion of the Minister, the management actions that are to be carried out under the agreement will be in the hands of a person competent to undertake them,

whether, in the opinion of the Minister, the person (or an associated manager of the person) is of good repute, having regard to character, honesty and integrity,

whether the person (or an associated manager of the person), in the previous 10 years, has been convicted in New South Wales or elsewhere of an offence involving fraud or dishonesty,

whether the person (or an associated manager of the person), during the previous 3 years, was an undischarged bankrupt or applied to take the benefit of any law for the relief of bankrupt or insolvent debtors, compounded with his or her creditors or made an assignment of his or her remuneration for their benefit,

whether the person (if a body corporate) is the subject of a winding up order or has had a controller or administrator appointed during the previous 3 years,

whether the person (if an individual) is or was a director or concerned in the management of a body corporate that is the subject of a winding up order or for which a controller or administrator has been appointed during the previous 3 years,

whether the person has demonstrated to the Minister the financial capacity to comply with the person’s obligations under the proposed biodiversity stewardship agreement.

Without limiting the generality of subclause (1), the Minister—

may disregard contraventions referred to in that subclause having regard to the seriousness of the contraventions, the length of time since they occurred, and other matters that appear relevant to the Minister, and

may have regard to action taken by a person referred to in that subclause to address past contraventions.

In this clause—

if the person is a body corporate—a person who is, or has been within the previous 5 years, a director or concerned in the management of the body corporate, or

if the person is in partnership with another person in connection with carrying out management actions on the proposed biodiversity stewardship site—that other person.

the Act,

Part 5A of the Local Land Services Act 2013,

Parts 7 and 7A of the Fisheries Management Act 1994,

the Environmental Planning and Assessment Act 1979,

an Act or part of an Act administered by the Minister,

a repealed Act that corresponds to an above-mentioned Act,

an Act of the Commonwealth, another State or a Territory that corresponds to an above-mentioned Act.