Contents of listing documents for new applicants
In addition to the information set out in Appendix 1A, a Mineral Company must include in its listing document:—(1) a Competent Person's Report;(2) a statement that no material changes have occurred since the effective date of the Competent Person's Report. Where there are material changes, these must be prominently disclosed;(3) the nature and extent of its prospecting, exploration, exploitation, land use and mining rights and a description of the properties to which those rights attach, including the duration and other principal terms and conditions of the concessions and any necessary licences and consents. Details of material rights to be obtained must also be disclosed;(4) a statement of any legal claims or proceedings that may have an influence on its rights to explore or mine;(5) disclosure of specific risks and general risks. Companies should have regard to Practice Note 4 on suggested risk analysis; and(6) if relevant and material to the Mineral Company's business operations, information on the following:—(a) project risks arising from environmental, social, and health and safety issues;(b) any non-governmental organisation impact on sustainability of mineral and/or exploration projects;(c) compliance with host country laws, regulations and permits, and payments made to host country governments in respect of tax, royalties and other significant payments on a country by country basis;(d) sufficient funding plans for remediation, rehabilitation and, closure and removal of facilities in a sustainable manner;(e) environmental liabilities of its projects or properties;(f) its historical experience of dealing with host country laws and practices, including management of differences between national and local practice;(g) its historical experience of dealing with concerns of local governments and communities on the sites of its mines, exploration properties, and relevant management arrangements; and(h) any claims that may exist over the land on which exploration or mining activity is being carried out, including any ancestral or native claims.
Additional disclosure requirements that apply to certain new applicant Mineral Companies (18A.06-18A.08)
If a Mineral Company has begun production, it must disclose an estimate of the operating cash cost per appropriate unit for the minerals and/or Petroleum produced.
If a Mineral Company has not yet begun production, it must disclose its plans to proceed to production with indicative dates and costs. These plans must be supported by at least a Scoping Study, substantiated by the opinion of a Competent Person. If exploration rights or rights to extract Resources and/or Reserves have not yet been obtained, relevant risks to obtaining these rights must be prominently disclosed.
If a Mineral Company is involved in the exploration for or extraction of Resources, it must prominently disclose to investors that its Resources may not ultimately be extracted at a profit.