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  • voodoo.three voodoo.three Jul 6, 2011 4:51 AM Flag

    Who owns Mina Pascua - Report by Expert

    7. According to attached deeds and certifications. the TESOROS surveys are at the moment under "EMBARGO PREVENTIVO" [preventive sequestration] decreed under PRECAUTIONARY PREJUDICIAL MEASURE C-1912-2001, effective from June 05, 2001 to the present time. The precautionary measure affects Chilean territory at the UTM coordinates of the TESOROS surveys, the same as in accordance with the attached Multi-layer Map granted by SERNAGEOMIN and because it concerns the same UTM coordinates it also affects de facto the old YELLOW 1-3000 surveys. This is because the precautionary measure affects and extends over the UTM coordinates under precautionary measure, independently of which any superposition of other properties with different names in the same area and UTM, it would all fall under said Precautionary Prejudicial Measure.

    CONCLUSIONS

    1. The YELLOW 1-3000 concessions had another survey done over top of them, which violates Chilean mining law, article ... which stipulates that a Perito [generically any expert, in this case a surveyor] cannot do a survey over top of a valid survey.

    2. The YELLOW 1-3000 concessions only permit the extraction of non-metallic substances and salts and therefore cannot be used to cover a project involving the extraction of metals. Also, the near totality of the UTMs covered [under said concessions] are under a preventive sequestration court order at the present time, according to the attached certifications issued by the Mining and Real Estate Registrar with jurisdiction over the areas, through Precautionary Prejudicial Measure C-1912-200 I, effective from June 05, 2001 to this date, December 15. 2010.

    3. Technically, the non-metallic YELLOW 1-3000 concessions should not be part of a project involving extraction of metals (gold, copper and silver) which is the purpose of the PASCUA LAMA Project and Protocol, because they lack legal jurisdiction to do so.

    4. Technically, the YELLOW 1-3000 concessions should be supplanted or superseded by the surveys "TESOROS UNO 1 al 30 a TESOROS DOCE 1 al 5", inclusive, covering metallic substances, under law, because the TESOROS concessions have existed unopposed over top of YELLOW 1-3000 for more than 7 years.

    5. The deeds "AMARILLOS SUR - AMARILLOS NORTE" [Yellow South - Yellow North] do not show any marginal entries on any valid property deeds or certificates of dominion in the name of BARRICK GOLD CORPORATION or of MINERA NEVADA S.A. or of MINERA NEVADA LIMITADA, they only show a legal marginal annotation concerning the litigious rights over these concessions in favour of Mr. Jorge R. Lopehandia.

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    • 6. The deeds "TESOROS UNO 1-30" through "TESOROS DOCE 1-5" do not show any marginal entries on any valid property deeds or certificates of dominion in the name of BARRICK GOLD CORPORATION or of MINERA NEVADA S.A. or of MINERA NEVADA LIMITADA, they only show a legal marginal annotation concerning the litigious rights over these concessions in favour of Mr. Jorge R. Lopehandia.

      7. Technically, the YELLOW 1-3000 concessions should not appear in the PASCUA LAMA PROTOCOL, which is a metallic-mineral extraction project.

      8. Technically, the 'TESOROS UNO 1-30" through "TESOROS DOCE 1-5" should not have been included in the PASCUA LAMA PROTOCOL as a mining property of MINERA NEVADA LIMITADA because there are no marginal annotations in the title deeds recording a valid und current dominion over the concessions. Moreover, they should not now be included in consideration of the valid preventive sequestration existing through Precautionary Prejudicial Measure C-1912-2001.

      9. In the "TESOROS UNO 1-30" mining deeds the expert surveyor clearly has identified that the areas comprised by the concession are for mineral extraction and they correspond to the area of Mina Pascua Camp of the Minera Nevada Project, the Chilean subsidiary of Barrick Chile and Barrick Gold Corporation.

      Attached to the legal expert's report are all the aforementioned documents.

      TULIO G. MORENO ANDREANI

      INGENIERO GEOMENSORI PERITO MENSURADOR

 
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