Minerals Development Act 2017
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Fit and proper person | ||
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74. The Minister shall consider the following in determining whether a nominee company is a fit and proper person to be a licensee under a mining licence: | ||
(a) letters of reference; | ||
(b) whether the nominee company or any of its associated companies or any of the directors, officers or key employees of that company or those companies has been convicted of an offence under the laws of the State or elsewhere that would raise doubt about the nominee company complying with this Act and any regulations made under it; | ||
(c) 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 nominee company— | ||
(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 section 201 (3) of the Companies Act 1963 ; | ||
(e) the previous performance, in relation to prospecting for or working minerals in the State or elsewhere, of the nominee company or any of its associated companies or any of the directors, officers or key employees of that company or any of those companies; | ||
(f) such other matters as the Minister considers appropriate to take into account in the circumstances. |