New South Wales Consolidated Acts

PETROLEUM (ONSHORE) ACT 1991 - SECT 24A

24A Fit and proper person consideration in making certain decisions about petroleum titles

(1) Despite anything to the contrary in this Act, any of the following decisions under this Act may be made on the ground that, in the opinion of the Minister, a relevant person is not a fit and proper person (without limiting any other ground on which such a decision may be made)--

(a) a decision to refuse to grant or renew a petroleum title (a
"relevant person" in such a case being an applicant for the grant or renewal of the petroleum title),

(b) a decision to refuse to transfer a petroleum title (a
"relevant person" in such a case being the proposed transferee),

(c) a decision to cancel a petroleum title or to suspend operations under a petroleum title (in whole or in part), a
"relevant person" in such a case being a holder of the petroleum title,

(d) a decision to restrict operations under a petroleum title by the imposition or variation of conditions of a petroleum title (a
"relevant person" in such a case being a holder of the petroleum title).

(2) For the purpose of determining whether a person is a fit and proper person, the Minister may take into consideration any or all of the following matters (but without limiting the matters that can be taken into consideration for that purpose)--

(a) whether the person or (in the case of a body corporate) a director of the body corporate or of a related body corporate has compliance or criminal conduct issues (as defined in this section),

(b) in the case of a body corporate, whether a director of the body corporate or of a related body corporate is or has been a director of another body corporate that has compliance or criminal conduct issues (as defined in this section) but only if the person was a director of that other body corporate at the time of the conduct that resulted in the compliance or criminal conduct issues,

(c) the person's record of compliance with relevant legislation (established to the satisfaction of the Minister),

(d) in the case of a body corporate, the record of compliance with relevant legislation (established to the satisfaction of the Minister) of any director of the body corporate or a related body corporate,

(e) whether, in the opinion of the Minister, the management of the activities or works that are or are to be authorised, required or regulated under the petroleum title are not or will not be in the hands of a technically competent person,

(f) whether, in the opinion of the Minister, the person is not of good repute,

(g) in the case of a body corporate, whether, in the opinion of the Minister, a director of the body corporate or a related body corporate is not of good repute,

(h) whether, in the opinion of the Minister, the person is not of good character, with particular regard to honesty and integrity,

(i) in the case of a body corporate, whether, in the opinion of the Minister, a director of the body corporate or a related body corporate is not of good character, with particular regard to honesty and integrity,

(j) whether 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,

(k) in the case of an individual, whether he or she is or was a director 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,

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

(m) whether the person has demonstrated to the Minister the financial capacity to comply with the person's obligations under the petroleum title,

(n) whether the person is in partnership, in connection with activities that are subject to a petroleum title or proposed petroleum title, with a person whom the Minister considers is not a fit and proper person under this section,

(o) whether the person has an arrangement (formal or informal) in connection with activities that are subject to a petroleum title or proposed petroleum title with another person whom the Minister considers is not a fit and proper person under this section, if the Minister is satisfied that the arrangement gives that other person the capacity to determine the outcome of decisions about financial and operating policies concerning those activities,

(p) any other matters prescribed by the regulations.

(3) A person or body corporate has
"compliance or criminal conduct issues" if--

(a) the Minister is satisfied that the person or body corporate has contravened any relevant legislation, whether or not the person or body corporate has been prosecuted for or convicted of an offence arising from the contravention, or

(b) in the previous 10 years, the person or body corporate has been convicted in New South Wales or elsewhere of a serious offence or an offence involving fraud or dishonesty, or

(c) the person or body corporate has held a petroleum title, or any other instrument issued or granted under relevant legislation, that has been suspended, cancelled or revoked.

(4) The grant, renewal or transfer of a petroleum title can be refused on the ground that the Minister is of the opinion that the applicant is not a fit and proper person even if--

(a) the petroleum title is necessary for the carrying out of State significant development that is authorised by a development consent, despite section 89K of the Environmental Planning and Assessment Act 1979 (
"the Planning Act" ), or

(b) the petroleum title is necessary for the carrying out of approved State significant infrastructure under Part 5.1 of the Planning Act, despite section 115ZH of that Act, or

(c) the petroleum title is necessary for the carrying out of a transitional Part 3A project under Schedule 6A to the Planning Act, despite section 75V of that Act, or

(d) section 91A or 93 of the Planning Act would otherwise prevent that refusal.

(5) To avoid doubt, section 22A (6) of this Act extends to the cancellation of a petroleum title under this section.

(6) A relevant person who is aggrieved by a decision referred to in subsection (1) made on the ground that in the opinion of the Minister the person is not a fit and proper person may apply to the Land and Environment Court for a review of the Minister's opinion, and the following provisions apply to such a review--

(a) the review is to be by way of redetermination of the question of whether the relevant person is a fit and proper person, and fresh material or material in addition to, or in substitution for, the material considered by the Minister in the determination of that question may be given on the review and taken into consideration by the Court,

(b) on a review the Court is to decide whether or not the relevant person is a fit and proper person,

(c) the decision of the Court on a review is final and is to be given effect to by the Minister,

(d) the Minister is to take whatever action may be necessary to give effect to the Court's decision including action to revoke and remake any decision referred to in subsection (1).

(7) In this section--

"director" of a body corporate includes any person involved in the management of the affairs of the body corporate.

"related body corporate" has the same meaning as in the Corporations Act 2001 of the Commonwealth.

"relevant legislation" means the following legislation--

(a) this Act,

(b) the Mining Act 1992 ,

(c) the environment protection legislation,

(d) the Environmental Planning and Assessment Act 1979 ,

(e) the work health and safety legislation within the meaning of the Mining Act 1992 ,

(f) any other legislation prescribed by the regulations under this Act.

"serious offence" means--

(a) an offence committed in New South Wales that is punishable by imprisonment for life or for a term of 5 years or more or by a fine of $500,000 or more, or an offence committed elsewhere than in New South Wales that if committed in New South Wales would be an offence so punishable, or

(b) an offence committed under a law of the Commonwealth that is punishable by imprisonment for life or for a term of 5 years or more or by a fine of $500,000 or more.