A fit and proper person assessment is part of most EPA permission applications. This includes applications:
- for a new permission
- to transfer, renew or revoke a valid permission.
The assessment checks whether you meet the standards to hold a permission. These standards include:
- professional integrity
- professional behaviour
- capacity to achieve compliance.
In general, this assessment is an assurance process. It demonstrates that you’re suitable to conduct the activity you're getting permission for.
As part of the fit and proper person assessment, we consider your status as a prohibited person. A prohibited person is someone who cannot conduct prescribed activities unless they've demonstrated to us that it's not contrary to the public interest. For example, if they have:
- been convicted or found guilty of an indictable offence against the Environment Protection Act 2017
- had an EPA permission suspended.
The legal basis of a fit and proper person is in Section 66(opens in a new window) of the Environment Protection Act. The legal basis of a prohibited person is in Section 88(opens in a new window).
To learn more, read our Fit and proper person policy [PDF 0.4MB].
Who the assessment applies to
The fit and proper person assessment applies to the person or persons who are:
- applying for a permission, and
- directly responsible for owning, administering and/or managing the permission activity.
This includes:
- a natural person
- a body corporate
- executive officers, directors and company secretaries
- partners or trustees
- an equivalent company employee or employees directly responsible for the overall activity management or the premises.
Where there are multiple people responsible for the activity, we assess each person.
Assessment process
You're required to complete the Fit and proper person questionnaire [DOCX 0.1MB] and Prohibited person questionnaire [DOCX 0.1MB] when you apply for a new:
- development licence
- operating licence
- pilot project licence
- permit
- licence or permit transfer
- licence or permit exemption.
We may also request these forms during other permission application assessments, or during compliance and enforcement activities.
As part of this assessment, you're required to include:
- a credit check (if a business), or
- an annual report (if a public body).
The questionnaires ask about:
- compliance with the Environment Protection Act 2017, Environment Protection Act 1970, Environment Protection Regulations, and environment protection legislation of the Commonwealth and other states and territories
- financial capacity to comply with any obligations of the permission
- status as a prohibited person.
Other information requirements may be triggered by the form. You may need to provide evidence to support your responses.
As well as the questionnaires, we also consider other factors, including:
- any past breaches of environmental law or regulations
- any past conduct that indicates a disregard for your obligations under environmental law
- any suspensions or cancellations of a licence, approval, certificate or other authorisation
- whether you've failed to disclose a relevant matter
- whether you've provided any false or misleading information.
When deciding if a person is a fit and proper person, we consider all the circumstances involved in each case.
As part of our assessment, we may independently verify any information in your application with other agencies or courts. We may also do more investigation and request more information or evidence. We'll let you know if you need to provide more information and by when.
Outcomes
Our assessment determines if you're a fit and proper person or not.
If we decide you're not a fit and proper person:
- we must refuse to issue, transfer or exempt a licence or permit
- we must refuse to renew a permit
- we must refuse to issue approval of a prescribed role – for example, accredited consigner
- we may suspend or revoke a licence, permit or registration.
We also consider if you're a prohibited person or not. Extra requirements apply if you declare yourself as a prohibited person in your application or are determined to be so through our assessment. You need to satisfy us that it's in the public interest for you to conduct the activity. If you cannot satisfy us, we determine that you’re not a fit and proper person.
We let you know our decision and explain the reasons. We also explain your right to appeal for a review of the decision.
How to appeal our decision
You can apply to the Victorian Civil and Administrative Tribunal to review a decision we've made about your application. You need to appeal within 15 business days of receiving the decision.
Visit Appeal our decision.
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