Victorian Current Acts

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MINERAL RESOURCES (SUSTAINABLE DEVELOPMENT) ACT 1990 - SECT 16

Applicant for licence—fit and proper person

    (1)     For the purpose of being satisfied under section 15(6)(a) that an applicant for a licence
is a fit and proper person to hold the licence, the Minister must have regard to whether—

        (a)     the Minister has taken action under section 83 to rehabilitate land because the applicant or an associate of the applicant
has not complied with Part 7, including—

              (i)     the circumstances which led to the taking of that action under that Part; and

              (ii)     when those circumstances arose;

        (b)     a licence held by the applicant or an associate of the applicant has been cancelled, including—

              (i)     the circumstances which led to that cancellation;

              (ii)     when those circumstances arose;

        (c)     the applicant or an associate of the applicant has been convicted of an offence against the Act, including—

              (i)     the nature of the offence;

              (ii)     when the offence was committed;

              (iii)     the penalty imposed;

        (d)     the applicant or an associate of the applicant has been convicted of an offence involving fraud or dishonesty including—

              (i)     the nature of the offence;

              (ii)     when the offence was committed;

              (iii)     the penalty imposed.

    (2)     The Minister cannot be satisfied under section 15(6)(a) that an applicant for a licence is a fit and proper person to hold the licence if the applicant or an associate of the applicant is an insolvent under administration.

    (3)     Subsections (1) and (2) do not limit what the Minister must be satisfied of under section 15(6)(a).

    (4)     In this section "associate "means a director, partner, trustee, executive officer, secretary or any other officer or person associated or connected with the ownership, administration or management of the applicant's business.

S. 16A inserted by No. 59/2010 s. 10.



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