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ARTICLE · 08 APRIL 2014

NSW mining and petroleum authorisation holders to be "fit and proper persons"

Replacing the "public interest" test with a "fit and proper person" test.

AustraliaEnergy and Natural Resources

Key Points:

The "public interest" test for various statutory decisions about mining and petroleum authority would be replaced by a "fit and proper person" test for authority holders and associates.

A Bill currently before NSW Parliament would allow the Government to make decisions regarding current or proposed mining and petroleum exploration licences and mining/production leases (authorities) based on its view of whether the current or proposed authority holder is a "fit and proper person".

This would replace the "public interest" test for decisions on mining and petroleum authorities, which was introduced in late 2013 as a short-term response to corruption findings, but the public interest would remain a relevant consideration for approvals under the (now repealed) Part 3A major project approval regime.

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