Barrick urges PM to refrain from making statement on mine

National

BARRICK Niugini Limited (BNL) has urged Prime Minister James Marape to refrain from making further public comments pending the determination of legal proceedings concerning the Porgera mine.
BNL was responding to Marape’s comments yesterday that the Government expected the Kumul Minerals Holdings Limited (KMHL) to reopen the Porgera mine immediately, exercising its rights in a contract signed in 1989. The Supreme Court last Friday had rejected an application by BNL to stay a National Court decision relating to the issuance of a special mining licence on the mine.
The mining company referred Marape to his previous public comment regarding respecting the prerogative of BNL to exercise its legal rights through the courts.
“While the Prime Minister was correct in stating that on Sept 25 the Supreme Court dismissed BNL’s application for the court to stay the decision of the National Court pending determination of the appeal, this does not represent the end of the legal proceedings currently before the Supreme Court as the appeal is still proceeding,” it said.
“In the decision regarding BNL’s stay application delivered by Justice Collin Makail in the Supreme Court, the court affirmed that BNL has an arguable case to be heard on appeal, and that the decision of the National Court to dismiss the matter on procedural grounds meant that questions surrounding its application for extension of the SML remained unanswered.”
It said Justice Makail noted as “valid points” BNL’s objections to the State and its agencies using subsequent NEC decisions to attempt to circumvent and frustrate the due process of the court, and to subvert BNL’s legitimate attempts to seek legal redress from the courts.
BNL said it meant that the status quo of BNL being in possession of the Porgera mine site and maintaining it in a state of care and maintenance remains, without the interference of the State or other parties.

5 comments

  • A Prime Minister has the right to be outspoken for the resources of his country and for his people!

  • BNL needs to know that its corporate citizenship expired in August 2019. On PNG soil, BNL has no strong evidence. Going to Courts is not an option for BNL except the two; first accept the invitation by State through KMHL to negotiate for equity participation or simple way out for BNL is to sell the mine infrastructures (facilities) and other mining assets which are currently under care and maintenance to KMHL which is the second option. BNL has no teeth to fight the Govt. BNL’s departure will have no impact on PNG.

  • Hundred percent fully support the comments by Mulapin Yari (Above)… and would add, BNL should just pack up and leave.. BNL has been ripping the land and the the resource owners for dacades.. Just go.. This is a sovereign state which our PM heads.. and we do not need a foreigner person or foreign entity to dictate to us.. BNL your time is up… lick your wounds, pack up and leave if you do not wish to take the generouse offer.

  • Consequences;
    1. If the KMHL were to operate it will take 2 or more years before the first Gold is poured. All operating systems are from private companies and they have been removed. Many of the machineries and equipment designed to run 24hours will need overhaul inspection and maintenance. Estimated time concerning the start-up and full operations is 6 month given that the KMHL has the money to buy/ hire operating systems.
    2. Power lines along the Hides to Porgera were vandalised
    3. During that period the land owners will miss out on royalty
    4. Government will miss out on tax
    5. Thousands of employees and contractors will be required for the start–up
    6. Peter Graham is an international business Executive and will not risk his reputation to come and operate a mine where court case is still alive. That’s why he had made it clear that all parties involved need to come to a compromise
    In say this, wise, logic and common sense must prevail. BNL has agreed to increase the shares. Which Government must accept and allow BNL to operate with License. KMHL will still be the shareholder. We are with PM on this fight but common sense and reality must sink in instead of village and cultural mentality. The strategic move the Government should do now is accept the shares given by BNL and go back to parliament and change all the outdated Acts and regulation of this country.
    Government must start and develop small mining through KMHL and slowly setting the foundation to own and run mine.
    We must come to our senses and see the reality. Running a mine is not politics, is a different ball game that needs us to experiences it through the KMHL. We need to develop and run a mine ourselves before we can confidently take over other big mines. OK Tedi scenario is different from Porgera Mine scenario.

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