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MINERAL TITLES REGULATIONS 2011
44AFit and proper person
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44A Fit and proper person
(1) For section 70A(1)(b) of the Act, the following matters are
(a) whether, in the Minister's opinion, the person is of good
repute, having regard to character, honesty and integrity;
(b) if the person is a body corporate – whether, in the Minister's
opinion, each director of the body corporate is of good repute,
having regard to character, honesty and integrity;
(c) if the person is a member of a partnership – whether, in the
Minister's opinion, each member of the partnership is of good
repute, having regard to character, honesty and integrity.
Mineral Titles Regulations 2011 25
(2) If the Minister considers the matters in section 70A(1)(a) of the Act
in relation to a person that is a body corporate, the following
additional matters are prescribed for section 70A(1)(b) of the Act:
(a) whether the Minister believes on reasonable grounds that a
director of the body corporate:
(i) has contravened a law of the Territory or another
jurisdiction that relates to the physical or biological
environment, including matters relating to pollution,
biodiversity, natural resources, planning, development or
waste; or
(ii) has contravened a law of the Territory or another
jurisdiction that relates to heritage, health or cultural
matters, including matters relating to sacred sites; or
(iii) has contravened a law of the Territory or another
jurisdiction that relates to work health and safety; or
(iv) has contravened a law of the Territory under which a tax
or royalty is payable to the Territory; or
(v) has committed an offence against any law of the
Territory or another jurisdiction that involves an element
of fraud or dishonesty; or
(vi) has behaved or is likely to behave in a way that is
inconsistent with the person's duties as a title holder;
(b) whether the Minister believes on reasonable grounds that a
director of the body corporate is or has been the director of
another body corporate that has engaged in conduct of a kind
mentioned in paragraph (a);
(c) if the body corporate is the subsidiary of another body or
company (the parent company) – whether the Minister
believes on reasonable grounds that:
(i) the parent company or a director of the parent company
has engaged in conduct of a kind mentioned in
paragraph (a); or
(ii) a director of the parent company is or has been the
director of another body corporate that has engaged in
conduct of a kind mentioned in paragraph (a).
Mineral Titles Regulations 2011 26
(3) Subregulation (2) does not apply in relation to conduct by a person
to the extent that the Minister, having regard to the following
matters, considers that the conduct should not be taken into
account:
(a) the seriousness of the conduct;
(b) the length of time since the conduct occurred;
(c) any other matters that appear relevant to the Minister.
(4) For section 70A(1)(b) of the Act the following additional matters are
(a) whether the person, during the previous 3 years:
(i) was an undischarged bankrupt; or
(ii) applied to take the benefit of any law for the relief of
(iii) compounded with the person's creditors or made an
assignment of the person's remuneration for their
benefit;
(b) whether the person is or was a director of a body corporate:
(i) that is the subject of a winding up order; or
(ii) for which a controller or administrator has been
appointed during the previous 3 years;
(c) if the person is a body corporate – whether the body
corporate:
(i) is the subject of a winding up order; or
(ii) has had a controller or administrator appointed during
the previous 3 years;
(d) whether, in the Minister's opinion, the person has the financial
capacity to comply with the person's obligations as a title
(e) whether, in the Minister's opinion, actions or things authorised
by the mineral title will be carried out by a technically
competent person.
Mineral Titles Regulations 2011 27
(5) If the Minister is considering, under section 70A of the Act, whether
a person is a fit and proper person to hold a mineral title, the person
must give the Minister any information required by the Minister for
that consideration.