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 Environment Conservation Act, the National Environmental Management Act or any other legislation applicable to waste management;
(b) 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;
(c) that person is or has been a director or senior manager of a company, firm or entity to whom paragraph (a) or (b) applies;
(d) that person has the ability to comply with this Act and any conditions subject to which the application may be granted; and
(e) the management of the waste management activity that is the subject of the application will be in the hands of a technically competent person.