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Barrick Gold Corporation Message Board

  • voodoo.three voodoo.three Sep 4, 2013 12:05 PM Flag

    ABX Accused Of Carrying Out Unauthorized Works At Pascua Lama

    Mining - Chile - Argentina

    Barrick accused of carrying out unauthorized works at Pascua Lama
    By Juan Andres Abarca - Tuesday, September 3, 2013

    Canadian gold miner Barrick Gold's (NYSE, TSX: ABX) Pascua Lama gold-silver project, on the border of Chile and Argentina, took another blow on Monday (Sep 2) after a new legal action was filed against its Chilean unit, Minera Nevada.

    Lawyer Bárbara Salinas presented an injunction against Minera Nevada seeking to block the miner's execution of 16 different works and activities that are not currently authorized by Chile's environmental supervision agency SMA, Salinas told BNamericas.

    Back in May, SMA issued a ruling establishing the authorized and necessary works that the miner had to carry out in order to implement a water management system. Since then, the company has been carrying out the SMA order, and all other unrelated works have been halted.

    According to Salinas, these 16 works and activities, which include the installation of a monitoring system for dust suppression, construction of new administrative offices, vehicle workshops, among others, are not part of the SMA ruling, and therefore constitute an illegal and arbitrary act.

    "These actions flagrantly and seriously violate constitutional guarantees, such as the right to life and the right to live in an environment free of pollution," the injunction reads.

    The injunction was filed in the Copiapó appeals court.

    Salinas said her goal is for the appeals court to block all non-authorized work at Pascua Lama, and no monetary compensation is being pursued.

    Additionally, the injunction asks the court to order SMA to establish the list of works that the miner requires to comply with the May ruling, as well for the agency to effectively supervise that the work is being carried out.

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    • Means nothing to me... Nothing

      • 1 Reply to killingtonbill
      • Normal people can read it and see ABX is being sued again for building Pascua Lama on land they do not have the rights to build on. As an example to slow person I'm replying to: ABX claims exploitation titles for AMARILLO 1-3000 in Barrick SEC 6K and OSC 43-101 filings which is wrong, ABX can not mine Pascua Lama with AMARILLO 1-3000. Secondly, ABX claims ownership of Tesoro 1 1/30 to Tesoro 12 1/5 in Barricks SEC 6K and OSC 43-101 filings which is also wrong, ABX does not have any ownership of Tesoro 1 1/30 to Tesoro 12 1/5 titles, those titles are the property of Mr Lopehandia, ABX has never owned the Tesoro titles. Mr Lopehandia has also received certified domain for his exploitation titles that cover both AMARILLO 1-3000 and the superimposed Tesoro titles.

        So know you know why ABX is being sued for trying to build on land they do not own, oh ya, experts have provided a technical report on Pascua Lama that conclude everything I've said, as well as including the location of the Pascua Lama Deposit on land ABX does not have mining rights for the extraction of Gold, Silver and Copper.

    • claims and proof are something different. I have seen you for years and you are a total idiot. Be gone. Jerk off!

      Sentiment: Strong Buy

      • 1 Reply to budgab189
      • LOL I didn't write the article, a news reporter did. As for proof of claims, ABX failed to show proof of their claims in chile court. In fact ABX is now facing criminal charges in Chile due to them not having titles.

        The ABX shareholders suing their own company in 8 different class action lawsuits for Pascua Lama are suing due to the fact ABX never was able to complete the Pascua Lama construction or the 2006 permitting requirements because ABX did not own the land and a 2001 injunction was in place against ABX.

        VANCOUVER, July 19, 2012 /PRNewswire/ - As set out in the Company's news release filed on SEDAR May 18, 2012, both Barrick Gold Corporation and Jorge Lopehandia claim ownership of the Chilean portion of the Pascua Lama Project claims. As reported on Barrick's website, "as at December 31, 2011, Pascua-Lama has proven and probable reserves of 17.9 million ounces of gold, with 676 million ounces of silver contained within the gold reserves". Further, "independent consultants to Barrick Gold Corporation have reported that 80% of the Pascua Lama ore body resides in Chile" [per: IRC (TSX) News Release dated Jan 12, 2007].
        By the Writ of Answer filed the Court in Santiago, Chile (file C-1912-2001) on August 27th, 2010 at page 2743, Barrick's lawyer, Gonzalo Nieto Valdes, stated "That the mining properties named TESOROS UNO 1-30 to TESOROS DOCE 1-5 are located in the zone of greatest geological mining interest of the Pascua Lama Project."
        The Company is pleased to report the following events that, in the opinion of MSX Management, would significantly negatively impact Barrick's geological interest in the Pascua Lama project:
        (1) The (administrative) cancellation in the Mining Registry of the Amarillos 1-3000 claims is projected to be Ordered by the Courts at Vallenar, Chile before the end of 2012; and,
        (2) In recent Court proceedings in Vallenar, Chile the lawyers representing Barrick's subsidiaries admitted to the Court that title (or certified domain) showing Barrick's subsidiaries as owner of the "Tesoros Uno 1 al 30 to Tesoros Doce 1 al 5" claims "does not exist". By their own admission in these Court proceedings, neither of Barrick's subsidiaries, CMN SpA nor CMN Ltda., possesses any documents of title proving their ownership of the Tesoro claims.

    • Eek! Barrick is monitoring for dust suppression. Oh the humanity!

      I think you will find in a few weeks that these charges will be dismissed as unfounded and that the activities are allowable under the SMA agreement.

      • 2 Replies to mtstack2000
      • Dust suppression monitoring was to take place in the areas of pre stripping, the Pascua Lama deposit is obviously located on land ABX doesn't own just as the technical reports on Pascua Lama says. The deposit is located on AMARILLO 1-3000, which is the certified domain of Mr Jorge Lopehandia.

      • Mr Lopehandia has won against ABX and ABX isn't being truthful about why all the lawsuits and class actions against the Pascua Lama Project. Why do you think ABX didn't fully complete the environmental systems required by the permitting of the project back in 2006? Because ABX never had the right to do anything on that land because it has been under a court ordered injunction since 2001 and is now the property ownership of Mr Lopehandia with his clean mining titles. Why do you think ABX just started building the environmental systems today in order to avoid the complete shut down of the project and is now being sued by the lawyer for MSX for building those required environmental systems on land that ABX has been under a court ordered 2001 injunction to stay off of. ABX is in a no win situation and needs to come clean with the fact ABX has included titles they dont own into Barricks SEC and OSC Pascua Lama regulatory filings and ABX can't complete the required environmental systems ordered by the courts to complete before ABX can build the project. ABX never had the right to do anything on that land because it has been under a court ordered injunction since 2001 and is now the property ownership of Mr Lopehandia with his clean mining titles. The injunctioned properties include the deposit of Pascua Lama which ABX has being trying to obtain all these years with attempts to remove the 2001 injunction, ABX has failed and now is facing a landslide of legal problems due to ABX lies.

        Mtstack, why is ABX still claiming ownership of the injunctioned areas of AMARILLO 1-3000 and the superimposed titles of Tesoro 1 1/30 to Tesoro 12 1/5? ABX doesn't own the rights to mine gold with those titles, yet ABX is claiming ownership of them in Barricks regulatory filings with the SEC and OSC as well with the Chilean regulatory filings with the Pascua Lama Protocol. Mtstack knows ABX has included titles they don't own in Barricks legal filings.

        ABX is not allowed on the injunctioned properties which is now owned by Mr Jorge Lopehandia with his clean titles granted by the Chile authorities a few months ago, ABX scrambled to spin a bunch of lies and distract investors from the real problem at Pascua for the last 17 years and that was title problems


      Mountainstar Gold Inc. (the Company) ( MSX-CNSX) updates its shareholders and investors at large, with the following news from their Chilean lawyer, Ms. Barbara Salinas Acuna.

      Ms. Barbara Salinas Acuna reports that she has presented on behalf of Mountainstar Gold Inc., a criminal lawsuit against the legal representatives of Minera Nevada SpA (Barrick Gold Corporation), to the 7th Court of Guarantee of Santiago, on charges of falsification of public documents and / or intentional malicious use of the same. This is in connection with the issuance of Decree 179 by the Chilean Ministry of Foreign Affairs, relating to the Pascua Lama Protocol between Chile and Argentina, which includes the Tesoros concessions.

      The 7th Court of Guarantee of Santiago, accepted the charges and declared admissible the criminal complaint (case # 1210024016-3) for falsification and / or malicious use of a false public instrument, that the attorney Barbara Salinas along with attorney Alejandro Muñoz presented, representing Mountainstar Gold Inc.

      The lawsuit is against Mr. Derek James Riehm and Ms. Laura Phyllis Maria Emery, both legal representatives of Minera Nevada SPA, which in turn is the Chilean company owned by Barrick Gold Corporation, now suspended for serious environmental offences at Pascua Lama.

      Lawyer, Barbara Salinas, was very satisfied with the acceptance of the charges #111-#112-#113 under the Chilean penal code, by Judge Freddy Antonio Cubillos Jofre, of the 7th Court of Guarantee of Santiago. This first processing step welcomes the complaint and initiates the subsequent criminal investigation by the Fiscalia Centro Norte.

      The complaint centres around the fact that Minera Nevada SPA does not have title to the mineral concessions of Tesoros Uno 1-30 and Tesoros Doce 1-5. The entitled holder of these concessions is Mr. Jorge Rodrigo Lopehandia, joint venture partner with Mountainstar Gold Inc.

      The fraudulent claims by Barrick's subsidiary, Minera Nevada SPA, with regard to the Tesoros titles, become relevant to the Pascua Lama Protocol having being instituted for the purposes of mining under false pretences.

      This new criminal lawsuit, filed by Ms. Salinas on behalf of Mountainstar Gold Inc., coupled with the environmental issues facing Barrick Gold Corporation, suggests that Barrick (ABX) has not acted in accordance with Chilean laws.

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