S.L. 156.1 Art. 5Criteria for the evaluation of applications.

(1) Before the publication of the notice in accordance with regulation 4(1), the Minister shall publish on the Official Journal of the European Union the criteria that shall apply for the granting of a licence. These shall include but are not limited to:

(a) the technical and financial capability of the applicant;

(b) the way in which the applicant proposes to prospect, to explore and, or to bring into production the geographical area;

(c) the work programme proposed by the applicant;

(d) any previous performance of the applicant under any other licence granted to him;

(e) economic and financial considerations;

(f) any other health, safety and environment requirements; and

(g) national security or public interest: Provided that any change in the above criteria shall be re-published in full in the Official Journal of the European Union.

(2) The Minister shall apply the above-mentioned criteria in a non-discriminatory manner between the applicants.

(3) The Minister may refuse the granting of a licence to an applicant, provided that this does not give rise to discrimination between the applicants. In such a case, when an application is rejected, if the applicant so requests, the reason for such rejection shall be communicated to the applicant.

(4) The Minister may refuse the granting of a licence in accordance with the Act if the applicant fails the due diligence exercise that may be conducted by the Government.