National Environmental Management: Air Quality Act, 2004 (Act No. 39 of 2004)Chapter 5 : Licensing of Listed Activities49. 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. |