59. Criteria for fit and proper person

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-

  1. that person has contravened or failed to comply with this Act, the Environment Conservation Act, the National Environmental Management Act or any other legislation applicable to waste management;
  2. that person has held a waste management licence or other authorisation that has been suspended or revoked or that person has not complied with a material condition of such waste management licence or authorisation;
  3. that person is or has been a director or senior manager of a company, firm or entity to whom paragraph (a) or (b) applies;
  4. that person has the ability to comply with this Act and any conditions subject to which the application may be granted; and
  5. the management of the waste management activity that is the subject of the application will be in the hands of a technically competent person.