Barrick told to list assets

DEPUTY Chief Justice Ambeng Kandakasi has given seven days to the operator of Porgera gold mine in Enga, Barrick Niugini Ltd (BNL) to provide a list of third party assets with evidences of lease contracts.
Justice Kandakasi made the order at the National Court in Waigani yesterday after he upheld a submission by Solicitor-General Tauvasa Tanuvasa informing the court that the removal of assets and equipment from the mine needed to restrained because BNL was yet to provide its list of third party assets.
Tanuvasa informed the court that BNL had been attempting to remove assets from the mine despite a restraining order that barred parties from removing assets from the mine.
He told the court that on July 31 the miner attempted to transport equipment out of the mine despite a restraining order which was in place for variation in court.
Tanuvasa said that BNL had mischievously taken advantage of a restraining order which was yet to be formalised in court.
It is understood that since the miner’s special mining lease (SML) expired, the mine is in the custody of the state and anything such as third party assets are to be confirmed with the state before being removed from the mine site.
Tanuvasa explained that the list of third party assets and evidence of lease contracts would enable the state to assess whether the assets were essential and critical in maintaining the care and maintenance of the mine before confirming approval.
“Police officers who allowed the trucks loaded with equipment to leave the mine site on the later date did not have the discretion as they should have informed the state,” he said.
Meanwhile, a trial concerning the national government’s decision not to renew the SML has been stayed by the court, however proceedings are not stayed.
The stayed trial regards a judicial review proceeding BNL filed against the decision of the government.
Mineral Resource Enga (MRE) and the State have filed applications to dismiss the proceedings claiming it was an abuse of the court process because BNL had filed a reconciliation proceedings in International Centre for Settlement of Investment Disputes (ICSD) in the United States.
MRE has also filed a competency application against the proceedings.
The matter will return on Friday for a hearing of the application.