When you apply for a permission, in most cases, you will need to complete a fit and proper person (F&PP) assessment. A F&PP assessment may also be performed during the lifetime of your permission. This ensures you meet the necessary standards to hold a permission. These standards include matters of professional:
- capacity to achieve compliance.
About fit and proper person assessments
In general, a F&PP assessment is an assurance process. It demonstrates to the community, government and businesses that you’re a person that’s suitable to perform a prescribed activity.
Should you need to do a fit and proper assessment, we’ll let you know and explain why.
The legal basis of fit and proper person is in section 66 of the Environment Protection Act 2017, which commenced on 1 July 2021.
Who the test applies to
If you’re legally responsible for the ownership, administration or management of the activity then the assessment applies to you. This may include:
- a natural person
- a body corporate
- executive officers, directors and company secretaries
- partners or trustees
- an equivalent responsible company employee or employees directly responsible for the overall activity management or premises.
Where there are multiple people responsible for the activity, each person may need an assessment.
Find out more about this in the Fit and proper person policy (publication 1938).
Fit and proper person assessment process
A fit and proper assessment starts with you completing our Fit and proper person questionnaire (publication F1017). You may also need to provide additional supporting evidence.
We will ask about your:
- environmental compliance
- financial capacity to comply
- prescribed criteria
- status as a prohibited person.
The questionnaire is just one part of what we will take into consideration during the F&PP assessment. We may also consider factors such as:
- any prior history of conduct that indicates a disregard for the obligations under environmental law
- any past breach of environment protection acts or environment protection regulations
- any suspended or cancelled licence, approval, certificate or other authorisation, under the relevant legislation.
Find the full list of what we consider in the Fit and proper person policy(publication 1938).
Outcomes of a fit and proper assessment
When deciding if a person is fit and proper, we consider all the circumstances involved in each case. If we decide you are not a fit and proper person, we will take certain actions. These may involve refusing your licence or permit application, or we may suspend or revoke your existing permission.
We will always notify you in writing and explain the reasons for your assessment outcome. This will have an explanation of review rights, including the right to apply for a review of the decision.
Review of a decision
You can apply to VCAT to review the decision made by the EPA using the online or PDF form at VCAT application for review of a decision.
Read more about fit and proper person
Reviewed 20 August 2021