What is a Competent Person?
A Competent Person is the minerals industry professional responsible for the information and supporting documentation on which a Public Report is based. The company acting through its Board is responsible for the Public Report, which must name at least one Competent Person and be issued with the required prior written consent.
- Content updated
- Code edition covered
- JORC 2012
- Core reference
- JORC Code, 2012 Edition (PDF)
- Source checked
The Clause 11 definition
Clause 11 of the JORC 2012 Code defines a Competent Person as a minerals industry professional who:
- is a Member or Fellow of The Australasian Institute of Mining and Metallurgy (AusIMM), or of the Australian Institute of Geoscientists (AIG), or of a Recognised Professional Organisation (RPO) included on the list maintained by JORC and the ASX; and
- has a minimum of five years relevant experience in the style of mineralisation or type of deposit under consideration, and in the activity which that person is undertaking.
The professional organisations listed above have enforceable disciplinary processes, including the power to suspend or expel a member. This enforceability is integral to the Competence principle of the Code. The current list of RPOs is maintained on the JORC and ASX websites.
What “relevant” experience means
The Code is specific about what experience counts, and the activity must match what the person is actually doing:
- For a report on Exploration Results, the Competent Person’s relevant experience must be in exploration.
- For a report estimating or supervising the estimation of Mineral Resources, the relevant experience must be in the estimation, assessment and evaluation of Mineral Resources.
- For a report estimating or supervising the estimation of Ore Reserves, the relevant experience must be in the estimation, assessment, evaluation and economic extraction of Ore Reserves.
The word “relevant” requires judgement. Experience in a comparable mineralisation style may count; experience in a very different deposit type may not. The guidelines to Clause 11 give a specific example: a person with 20 years’ experience estimating Mineral Resources for a variety of metalliferous hard-rock deposit types may not require five years’ specific experience in porphyry copper deposits. The key test is whether the existing experience is genuinely relevant to the deposit and activity under consideration.
The guidelines also note that a Competent Person taking responsibility for Exploration Results or Mineral Resource estimates should have sufficient experience in the sampling and analytical techniques relevant to the deposit — enough to be aware of problems that could affect the reliability of data.
As a general guide, the Code’s guidelines state that a person being called upon to act as Competent Person should be clearly satisfied that they could face their peers and demonstrate competence in the commodity, type of deposit, and situation under consideration. Where doubt exists, the guidelines recommend seeking opinions from appropriately experienced peers or declining to act.
Documentation responsibility
Clause 10 of the Code requires that the documentation on which a Public Report is based must be prepared by, or under the direction of, and signed by, a Competent Person. Where an Exploration Target is included in a Public Report, the same requirement applies: documentation must also be prepared by, or under the direction of, and signed by, a Competent Person. The documentation must provide a fair representation of the matters being reported.
The Competent Person’s consent to the Public Report itself is a separate act from signing the underlying documentation; one does not substitute for the other. For previously reported information, Clause 9 contains a limited relaxation from obtaining fresh consent when all of its stated conditions are met. That relaxation does not apply to annual reporting under Clause 15. See how Competent Person consent works for the distinction between Clause 10 documentation signing and Clause 9 Public Report consent.
Multiple Competent Persons
Estimation of Mineral Resources may be a team effort. Estimation of Ore Reserves is very commonly a team effort involving several technical disciplines — mining, metallurgy, processing, and economics alongside geology. Where there is a clear division of responsibility, each Competent Person and their contribution should be identified, and responsibility accepted for that contribution.
If only one Competent Person signs the Mineral Resource or Ore Reserve documentation, that person takes responsibility and accountability for the whole of the documentation under the Code — including work contributed by others. The guidelines to Clause 11 are direct on this point: a Competent Person accepting overall responsibility for work prepared in whole or in part by others should be satisfied that the other contributors’ work is acceptable. The signature is not a formality.
Conflict of interest
Clause 9 of the Code places the disclosure obligation on the company: any potential for a conflict of interest by the Competent Person or a related party must be disclosed in accordance with the Transparency principle. Any other relationship of the Competent Person with the company making the report must also be disclosed in the Public Report. The Appendix 2 consent form requires the Competent Person to confirm that they have disclosed the full nature of the relationship to the reporting company, so in practice the Competent Person should satisfy themselves that the disclosure has been made.
Overseas estimates
Where an ASX- or NZX-listed company reports an overseas Mineral Resource or Ore Reserve estimate prepared by a person who does not meet the Code’s membership requirements, the applicable listing rules and Clause 11 guidance should be checked to determine how a Competent Person must take responsibility. The Clause 11 guidelines caution that accepting such responsibility is not a rubber-stamping exercise.
Professional accountability
Complaints about the professional work of a Competent Person are dealt with under the disciplinary procedures of the professional organisation to which that Competent Person belongs.
Code editions and transition
This page describes the Competent Person requirements in the JORC Code, 2012 Edition. Check current JORC, ASX and NZX primary sources for the status of any replacement Code and transition arrangements.
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 Code, 2012 Edition (PDF) and seek professional guidance specific to your situation. Source acknowledgement: Joint Ore Reserves Committee, JORC Code, 2012 Edition.
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