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National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)

Chapter 5 : Licensing of Listed Activities

49. Criteria for fit and proper persons

 

In order to determine whether a person is a fit and proper person for the purposes of an application in terms of this Chapter, a licensing authority must take into account all relevant facts, including whether—

(a) that person has contravened or failed to comply with this Act, the Atmospheric Pollution Prevention Act or any other legislation applicable to air quality;
(b) that person has held a provisional atmospheric emission licence, an atmospheric emission licence or other authority that has been suspended or revoked;
(c) that person has been a director or senior manager who is or was a director or manager of a company or firm to whom paragraph (a) or (b) applies; or

[Paragraph (c) substituted by section 10 of Act No. 20 of 2014]

(d) the management of the listed activity which is the subject of the application will or will not be in the hands of a technically competent person.