Minerals Development Act 2017
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Fit and proper person | ||
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27. The Minister shall consider the following in determining whether an applicant is a fit and proper person to be a licensee under a prospecting licence or a retention licence: | ||
(a) letters of reference; | ||
(b) whether the applicant or, in the case of a body corporate that is an applicant, any of its associated companies or any of the directors, officers or key employees of that body corporate or of those companies, has been convicted of an offence under the laws of the State or elsewhere that would raise doubt about the applicant complying with this Act and regulations made under it; | ||
(c) in the case of a body corporate, whether any of its directors has a declaration under section 819 of the Companies Act 2014 made against him or her or is deemed to be subject to such a declaration by virtue of Chapter 5 of Part 14 of that Act, or is subject or is deemed to be subject to— | ||
(i) a disqualification order, within the meaning of Chapter 4 of Part 14 of the Companies Act 2014 , whether by virtue of that Chapter or any other provision of that Act, or | ||
(ii) a disqualification outside the State to like effect which corresponds to a disqualification order within the meaning of Chapter 4 of Part 14 of that Act; | ||
(d) whether the applicant, in the case of an individual, is adjudicated bankrupt or is subject to proceedings for a declaration of bankruptcy or becomes an arranging debtor or, in the case of a body corporate— | ||
(i) has commenced a voluntary winding-up or is subject to a winding-up order or is subject to proceedings for such an order, | ||
(ii) is subject to the appointment of a receiver or examiner, or | ||
(iii) has proposed a compromise or arrangement that is sanctioned under section 453 (2) of the Companies Act 2014 or 201 (3) of the Companies Act 1963 ; | ||
(e) the previous performance in prospecting for or working minerals in the State or developing other natural resources in the State or elsewhere by the applicant or, in the case of a body corporate that is the applicant, any of its associated companies or any of the directors, officers or key employees of that body corporate or of those companies; | ||
(f) in the case of a body incorporated under the laws of another state, whether any event which corresponds to an event referred to in paragraph (c) has occurred in relation to its directors or whether to any event referred to in paragraph (d) has occurred in relation to that body corporate; | ||
(g) such other matters as the Minister considers appropriate to take into account in the circumstances. |