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  • voodoo.three voodoo.three Jul 6, 2011 3:24 AM Flag

    Who owns Mina Pascua - Report by Expert

    Read MWR's March 2nd New Release at SEDAR (it a 620k PDF):

    http://www.sedar.com/DisplayCompanyDocuments.do?lang=EN&issuerNo=00009237

    Below is one of the two reports of Expert Mine Surveyors provided in MWR's March 2nd news. I copied and pasted below the conclusions of Catalino Albanez:

    1. Titles and Ownership certificates for AMARILLOS NORTE - AMARILLOS SUR, according to attached copy, are registered in the name of Mr. Jorge Rodrigo Lopehandia Cortes, being the lawful titleholder of same, as shown on the registration of transfer of legal rights on the margin of the deeds, as at January. 2011.

    Conclusion regarding legal authority to title deed, as at January, 2011.

    To this date, there are no annotations of any kind on the margin of these deeds with effect in 2011, in favour of Barrick Gold Corporation - ABX de Canada, Barrick Chile or Minera Nevada Limitadn, according to original copies of same, which are before me. The original 2011 copy does certify by means of a marginal annotation the litigious rights of Mr. Jorge Rodrigo Lopehandia Cortes, as of today. as first legal title under law.

    My opinion is backed lip by the Ownership Certificate granted on January 14,2011 by the Registrar of Mines at Vallenar, in respect of the AMARILLOS SUR and AMARILLOS NORTE properties, which show the name Mr. Jorge Rodrigo Lopehandia Cortes as the last valid annotation of lawful and current legal rights to date, as shown on the margins of the title deeds, copies of which I am attaching to this, my TECHNICAL REPORT.

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    • It is you that must take off your horse blinders, these guys just want justice for something they believe is past due and do you really think a small time junior company MWR would go after ABX the big giant in gold for something if there was no validity to it, you must understand that this will only move forward when the regulators start doing their jobs properly to stop protecting the large companies on these exchanges
      island_looker

    • Awesome reporting Voodoo. A little complicated for the average Joe but clearly states that Jorge Lopehandia to this day owns the mining titles in question and that Barrick tried to steal such claims by creating a clever elaborate scam of staking overtop of Jorge`s claims. This fraud can`t last much longer and the crooks will pay!

      • 1 Reply to welcum2djungle
      • Thanks voodoo for the legally rich material.

        At the website minapascuachile . com, such material is in Spanish mostly.

        Now for sure some of the incredulous people, will start to wonder why Barrick spends $700 per Gold ounce elsewhere, keeping Pascua Gold buried, a $40/oz...

        ... "due to low gold prices!"

        You see how the lies piled up to the point of non sustainability?

        See how fast one can debunk any reply these crooks attempt to give as lame excuses to purpote to own Pascua?

        ABX"S PASCUA MINE PROSPECTUS has been defaced in more ways than one, what is clear though, dated, is that Barrick paid 1.7 Billion to LAC for Salts & Nitrates claims.

        Shame of PONZI SCHEEME assault of ABX's investors purse.

        Some of you may even be the perfect gullable fools, defending the undefendible, Barrick owns Pascua.

        If Barrick lied in Court to save their butts, of course they would lie to shareholders too.

        From this crystal ball, Barrick is going to have to eat crow by the mountain load, very soon now, in multiple jurisdictions.

        Game over peter Munk, is you & Maddof together in the slammer, for scammer.

    • From MWR's March 2nd news release in SEDAR:

      http://www.sedar.com/DisplayCompanyDocuments.do?lang=EN&issuerNo=00009237

      Region III - Report of Expert Mine Surveyor, Tulio G. Moreno Andreani:

      BARRICK GOLD CORPORATION LOSES RIGHTS TO MINA PASCUA PROPERTY
      "1996-2010 VIA MINERA NEVADA S.A."- "MINERA NEVADA LIMITADA" [(ViA) MINERA NEVADA INCORPORATED]

      1. BARRICK GOLD CORPORATION of Canada, listed as ABX in Stock Exchanges in Canada. United States, Switzerland, France, England and Germany, acquired rights over the MINA PASCUA area in Chile when it purchased the assets of LAC MINERALS in a [the] Canadian Stock Exchange in 1994. To this date, the company has held 100% of the title deed to MINA PASCUA CHILE and PASCUA LAMA.

      2. LAC MINERALS of Canada, doing business in Chile since 1983 through MINERA NEVADA S.A., was the lawful owner of some mineral concessions over the original MINA PASCUA CHILE project area, shown in "SERNAGEOMIN" [Note B}. ref. the 2010 edition of the "PLANO DE SUPERPOSICIONES" {Multi-layer map} as YELLOW 1-3000, identified in the national registry as "R.U.N. 03301-1153-4", until it was fully acquired by Barrick Resources Inc , now Barrick Gold Corporation - ABX. In 1994.

      3. To this date, in accordance with the PASCUA LAMA PROTOCOL published in the "DIARIO OFICIAL DE CHILE" [Chilean Government Gazette] (page 8 in attached copy) on December 11, 2004, the YELLOW 1-3000 mining concession shows as if it were the mining property of the firm MINERA NEVADA LIMITADA, currently a subsidiary of Barrick ChiIe and Barrick Gold Corporation of Canada.

      4. In accordance with the MINING CADASTRE {Registration} granted by SERNAGEOMIN's Information Technology Department, Special Zone, on 14-Sep-2010 at 10:58:02, the concessions known as YELLOW 1-3000 correspond to OLD CODES and are MINERAL RIGHTS CONSTITUTED OVER NITRATES AND ANALOGOUS SALTS DETERMINED IN THE FIELD IN CONFORMITY WITH ARTICLE 41 OF THE REGULATIONS PURSUANT TO THE MINING CODE.

      5. Arising from point 4: in Chilean mining law, none of the firms, Barrick Gold Corporation. MINERA NEVADA S.A., or MINERA NEVADA LIMITADA, possesses legal protection to extract metallic minerals under concessions that only cover non-metallic concessionable substances, such as is the case with YELLOW 1-3000 (ex LAC MINERALS).,in order to operate lawfully in Chile [In Spanish: libre derecho de Explotacion minera] a project involving metallic minerals such as gold, silver and copper, which is the objective of the PASCUA LAMA PROJECT. Moreover, if it were to extract gold, silver and copper from MINA PASCUA CHILE with YELLOW 1-3000, this would constitute an evasion of payment of taxes for the extraction of metallic concessionable substances. Technically, the extraction of metals with a non-metals concession is invalid under law.

      6. According to the Multi-layer Map and legal decision, YELLOW 1-3000 is coterminous with a LEGAL MINING SURVEY denominated "TESOROS UNO I al DOCE a TESOROS DOCE I al 15" [Literally: TESOROS ONE 1 through 12 to TESOROS TWELVE 1 through 5] inclusive, and also, both concessions are included in the attached PASCUA LAMA PROTOCOL as properties of MINER A NEVADA LIMITADA ex S.A. (property of Barrick Chile / Barrick Canada). Since these concessions were surveyed and with no changes recorded since June of2000, and to the current date so shown on the margin of same, as can be seen in the copy attached to this report granted by the "Conservador de Minas y Bienes Raices" [Mining and Real Estate Registrar], as valid surveys, due to the fact that they have been on YELLOW 1-3000 for over four years. they have expired under law, no legal opposition having been filed to the validity of the TESOROS concessions.

      • 1 Reply to voodoo.three
      • 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.

    • 2. Titles and certificates for AMARILLOS 1-3000. MINING CADASTRE [Registration] for AMARILLOS 1-3000 are registered in the name of MINER A NEVADA LIMIT ADA, granted by SERNAGEOMIN [Chile's National Geological and Mining Authority] at its Central Office in Santiago, Special Zone, on January 19, 2011. OVERLAP MAP ["Plano de Superposiciones "] of Concessions and Surveys TESOROS ONE 1-30 to TESOROS TWELVE 1-5 over AMARILLOS 1-3000 granted by SERNAGEOMIN at its Central Office in Santiago.

      Conclusion regarding legal authority to title deed AMARILLOS 1-3000, as at 2011.

      To this date there are no marginal annotations of any kind on the title deeds which affect them in 2011 in favour of Barrick Gold Corporation - ABX de Canada, Barrick Chile, only Minera Nevada Limitada, according to original copies of same, which are before me.

      a) MINING PROPERTIES "LOS AMARILLOS" 1-3000, property of Compania Minera Nevada. "ROL 03301-1153-4". Which are registered on PAGES 343 No. 12 in the Register of Properties maintained by the Registrar of Mines al Vallenar for the year 1978.

      b) "TESORO" MINING PROPERTIES:

      PROPERTY ROL OWNER REGISTR. YEAR
      TESORO I 1/3003304-0532-5 1 HECTOR UNDA LLANOS 142v.N36 2001
      TESORO 2 1/ 12 03304-0533-3 HECTOR UNDA LLANOS 148.NJ7 2001
      TESORO 3 113003304-0534-1 HECTOR UNDA LLANOS 346.N74 20tH
      TESORO 4 1/3003304-0535-K HECTOR UNDA LLANOS 143N38 2001
      TESORO 5 1/25 03304-0536-8 1 HECTOR UNDA LLANOS 158N3lJ 2001
      TESORO 6 112003304-0537-6 HECTOR UNDA LLANOS 351v.N75 2001
      TESORO 7 1125 03304-0538-4 HECTOR UNDA LLANOS 163v.N40 2001
      TESOROS 1/1203304-0539-2 1 HECTOR UNDA LLANOS 16Sv.N41 2001
      TESORO 9 1/1203304-0540-6 HECTOR UNDA LLANOS 173v.N42 2001
      TESORO 10 1/2003304-0541-4 HECTOR UNDA LLANOS 178v.N43 2001
      TESORO 11 1/2003304-0542-2 HECTOR UNDA LLANOS IS3v. N44 2001
      TESORO 12 11503304-0543-0 HECTOR UNDA LLANOS ISS\,. N45 2001

      These properties, as the record shows, are currently registered and in good standing.

      The National Geological and Mining Service, a state entity charged with maintaining the survey of mining properties in Chile, shows that the TESORO mining properties, itemized above, overlap the AMARILLO I to 3000 mining properties.

      The AMARILLO I to 3000 mining properties should have exercised the actions under Article 95, No.7, of the Mining Code against the TESORO mining properties which affected them.

      This action has a legal limitation of 4 years under Article 96 of the said Code, an action which was not exercised by the AMARILLOS I to 3000 mining property.

      The same Article 96 of the Mining Code, paragraph three, stipulates that once the legal limitation has elapsed, the concession is cleared of all encumbrances and, furthermore, it is understood that the judgment and its registration have always produced the legal effects stipulated for each one by Article 91. The Judgment that, in the case of numbers 6 and 7 of the previous article, declares the lapse (end of limitation) of the nullity action referred to in said numbers, shall also DECLARE EXTINGUISHED the property affected by the overlap.

      This is to say that all the TESORO mining properties are cleared of all encumbrances and the AMARILLOS I to 3000 mining properties affected by the overlap, are to be declared extinguished.

      • 1 Reply to voodoo.three
      • 3. Titles and certificates for TESOROS ONE 1-30 to TESOROS TWELVE 1-5, as shown on the attached copy, are registered in the name of Jorge Rodrigo Lopehandia Cortes as valid legal titleholder of same, as shown on the registration of mandato [order, commission] of legal rights, on the margin of the deeds, as at January, 2011.

        Conclusion regarding legal authority to title deed, as at January, 2011.

        To this date. there are no annotations of any kind on the margin which affect them in 2011, in favour of Barrick Gold Corporation - ABX de Canada. Barrick Chile or Minera Nevada Limitada. according to original copies of same, which are before me. The original 2011 copy does certify by means of a marginal annotation the litigious rights of Mr. Jorge Rodrigo Lopehandia Cortes. as of today, as first legal title under law.

        It should be mentioned that the expert surveyor who surveyed the properties left a note on the deed [of] the TESOROS concessions, on page two, recording that:

        "the concessions are delimited by the perimeter comprised by CAMPAMENTO MINA PASCUA where there are visible exposures of minerals and exploration works". (MINA PASCUA PROJECT), "of MINERA NEVADA. S.A:•

        My opinion is backed up by the TESOROS ONE 1-30 Deed and the Ownership Certificates granted on January 14, 2011 by the Registrar of Mines at Vallenar, in respect of the TESOROS ONE 1-30 to TESOROS TWELVE 1-5 properties, which show the name Mr. Jorge Rodrigo Lopehandia Cortes as the last valid annotation of lawful and current legal rights to date. as shown on the margins of the title deeds, copies of which I am attaching to this, my TECHNICAL REPORT.

        PASCUA LAMA PROTOCOL

        1.-Consider the attached {copy] of CHILES OFFICIAL GAZETTE. page 8. December 11.2004, in which the PASCUA LAMA PROTOCOL was published, and on its page 8, under concessions, with number 1 is the AMARILLOS 1-3000 property.

        2.-Consider the same PASCUA LAMA PROTOCOL on its page 8, under concessions, that MINERA NEVADA Limitada includes the surveyed concessions TESOROS ONE 1-30 to TESOROS TWELVE 1-5 and given that these were. since June 06, 2001. under PRECAUTIONARY PREJUDICIAL MEASURE C-1912-2001. Thus registered and certified by the Registrar of Mines at Vallenar, as at 2011. in the title deeds I have before me and attached to this report.

        In accordance with the Title Deeds and the Ownership Certificates current as at 20 II, the deeds do not register any dominion valid in Chile as at January. 20 II. which hands over dominion or property to BARRICK GOLD CORPORATION. BARRICK CHILE or MINERA NEVADA L1MITADA. This legal privilege corresponds. To today's date. to Mr. Jorge R. Lopehandia. according to current Title Deeds and Ownership Certificates. which are before me and which am attaching to this Report having been granted by the Registrar of Mines with jurisdiction over the areas of the Mina Pascua project in Chile.

 
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