How does CP consent work?

Before a Public Report is released, the Competent Person must give prior written consent to the inclusion in the Public Report of the matters based on their information, in the form and context in which it appears. Clause 9 of the JORC 2012 Code sets out this requirement and the conditions under which it applies.

Who is responsible for a Public Report?

Clause 9 opens by placing responsibility with the company. A Public Report concerning Exploration Targets, Exploration Results, Mineral Resources or Ore Reserves is the responsibility of the company acting through its Board of Directors. Any such report must be based on, and fairly reflect, the information and supporting documentation prepared by a Competent Person.

The company must disclose the name of the Competent Person, state whether the Competent Person is a full-time employee of the company, and, if not, name the Competent Person’s employer.

What the consent covers

The Introduction to the Code (para. 3) states that the Public Report or attached statement must say that the Competent Person consents to the inclusion in the Public Report of the matters based on their information in the form and context in which it appears. Consent is therefore dual: to the inclusion of matters derived from the CP’s information, and to the form and context in which those matters are presented.

This means consent is not simply to the technical content in isolation. A Competent Person who consents to a technical appendix is not automatically consenting to promotional language in a covering document that relies on the same estimates — if that language materially changes the form or context in which the CP’s findings appear.

Clause 10 documentation vs Clause 9 consent — two separate acts

Signing the underlying documentation (Clause 10) and consenting to the Public Report (Clause 9) are distinct obligations. Under Clause 10 the Competent Person prepares, or directs preparation of, and signs the technical documentation that the Public Report is based on. Under Clause 9 the Competent Person separately consents to the form and context in which that documentation is presented to the market. Both acts are required; one does not substitute for the other.

Conflict of interest disclosure

Clause 9 also requires that any potential for a conflict of interest by the Competent Person or a related party be disclosed in the Public Report in accordance with the Transparency principle. Any other relationship of the Competent Person with the company making the report must also be disclosed.

Re-issuing previously reported information

A company does not need to obtain fresh Competent Person consent every time it refers to previously published estimates. Where a company re-issues information that was previously released with the written consent of the Competent Person, Clause 9 allows the company to proceed without obtaining fresh prior written consent, provided all of the following conditions are met:

• The company states the original report name, the name of the Competent Person responsible for the original report, and the date and a reference to the location of the original source public report for public access.
• The company confirms it is not aware of any new information or data that materially affects the information. For estimates of Mineral Resources or Ore Reserves, it confirms that all material assumptions and technical parameters continue to apply and have not materially changed.
• The company confirms that the form and context in which the Competent Person’s findings are presented have not been materially modified. It remains the Board’s responsibility to ensure this.

The “for public access” requirement on the first condition means the original report must be retrievable by the investing public — an internal document or a report not placed on a public register does not satisfy this condition.

The annual reporting exception

The re-issue relaxation described above does not apply to annual reporting of Mineral Resources and Ore Reserves under Clause 15 of the Code. For annual Resource and Reserve reporting, the company must comply with the full Clause 9 consent requirements, including obtaining the Competent Person’s prior written consent. This applies regardless of whether the estimates themselves have changed since the previous annual report.

The Competent Person’s Consent Form

Appendix 2 of the Code records that ASX, together with JORC, have developed a Competent Person’s Consent Form that incorporates the requirements of the Code. Completing this form, or an equivalent, is described as good practice and provides readily available evidence that the required prior written consent was obtained. Appendix 2 also notes that having the consent form witnessed by a peer professional society member is considered leading practice and is strongly encouraged.

Where a Public Report has multiple sections with separate Competent Persons — for example, a separate Resource CP and Reserve CP — each Competent Person requires a separate consent form.

Both the company and the Competent Person should retain the consent form so that it can be promptly produced if required. The Appendix 2 form is completed on the letterhead of the Competent Person or their employer.

The drafting and review process conducted in TableOne Flow is recorded in the application’s audit trail. This is not a substitute for the Competent Person’s Consent Form required under Clause 9 and Appendix 2. The Appendix 2 form is completed and signed separately, between the company and the CP, before the Public Report is released.

Compliance statements in the Public Report

The consent form discharges the prior-written-consent requirement between the company and the CP. Separately, Appendix 3 of the Code provides standardised compliance statement wording to be included in the Public Report itself, which declares that the report is based on the CP’s information and that the CP has consented to the form and context in which it appears. Both the retained consent form and the Public Report compliance statement are part of the complete consent record.

Why the record matters

The consent requirement connects directly to the audit trail a Public Report must carry. A documented, retained consent record provides direct and promptly producible evidence of compliance if the report is queried by a regulator, an acquirer, or a successor CP years after publication. Its absence does not mean consent was not given; it means the evidence is not available.

JORC 2026

A revised edition of the JORC Code is in preparation. This page describes the consent framework as it stands in JORC 2012. These pages will be updated when the revised Code is finalised.

This page is an educational summary of the JORC 2012 Code. It is not legal or professional advice. Refer to the full Code text at jorc.org/docs and seek professional guidance specific to your situation.

TableOne Flow is built around the JORC 2012 Table 1 structure. If you draft or sign Table 1s, register your interest and tell us about your setup.