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This page provides guidance for applicants on the consideration of the ‘fit and proper person’ test within EPA’s authorisation processes as required by section 20C of the Environment Protection Act 1970 (the ‘Act’). 

When assessing an application for an authorisation*, EPA may refuse to issue, transfer, or amend an authorisation if the applicant is not considered a ‘fit and proper person’ to hold the authorisation. In making its determination, EPA will consider if an applicant has been found guilty of one or more relevant offences** in the 10 years prior to the date an application has been made. 

Relevant offence declaration form 

An applicant must provide details of any relevant offences as defined in Section 20C of the Act. Without such details, an application may be deemed ‘incomplete’ and may not be accepted by EPA. 

An applicant can fulfil this requirement by completing the relevant offence declaration form (Word) and submitting it as part of its application. 

Reporting a relevant offence for works approvals, licences, and research development and demonstration approvals

Any application for a works approval, licence, or research development and demonstration approvals that will include a declaration of a relevant offence or offences must include sufficient evidence to support the applicant’s eligibility to hold the authorisation. It is therefore recommended that an applicant with relevant offences engages with EPA prior to formally submitting an application to determine a sufficient level of evidence. Early engagement with EPA will help avoid delays during the assessment process or a refusal to issue an authorisation due to insufficient evidence or information.

Reporting a relevant offence for vehicle permits

Application for permit to transport prescribed industrial waste (F1009) includes a relevant offence declaration in Part 2 and Part 3. An additional or separate declaration is not required. Any application for a vehicle permit that will include a declaration of a relevant offence or offences must include sufficient evidence to support the applicant’s eligibility to hold the authorisation. It is therefore recommended that an applicant with relevant offences engages with EPA prior to formally submitting an application to determine a sufficient level of evidence. Early engagement with EPA will help avoid delays during the assessment process or a refusal to issue an authorisation due to insufficient evidence or information.

Pollution notices and track record

Pollution abatement notices and pollution infringement notices issued by EPA for activities in contravention of the Act are not considered ‘relevant offences’ for the purposes of the ‘fit and proper person’ test. However, an application for any authorisation must include a summary of an applicant’s environmental performance including details of all past or current notices and enforcement actions undertaken by EPA.

Additional guidance on track record and ‘fit and proper person’ requirements

Notes

Applicants should be aware that it is an offence under the Act to intentionally or negligently provide incorrect or misleading information to EPA. or to conceal information.

An authorisation means:

(a) a works approval

(b) a licence

(c) a research, development and demonstration approval

(d) a permit to transport prescribed waste or prescribed industrial waste issued under Part IXA.

A relevant offence means:

(a) An indictable offence.

(b) An offence committed outside of Victoria that would have been an indictable offence if it had been committed in Victoria on the date it was committed.

(c) A summary offence under this Act, the Dangerous Goods Act 1985, the Occupational Health and Safety Act 2004, or the Equipment (Public Safety) Act 1994.

Read next

About licences

About works approvals

How to apply for a licence

How to apply for a works approval

Research development and demonstration approvals

How to apply for a permit to transport PIW 

Reviewed 8 September 2020