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Barrick Gold Corporation Message Board

  • voodoo.three voodoo.three Sep 4, 2013 12:59 PM Flag

    Barrick & The 2001 Pascua Lama Chile Court Injunction

    ABX needs to updated shareholders to the results of this 2001 legal action by Mr Lopehandia's mining agent Villar. Investors should be aware of an injunction to titles of the Pascua Lama Project from a dispute that goes back to 1996 and is why ABX has not opened this project. Recent Technical Reports have placed the deposit of Pascua Lama within the injunctioned areas of AMARILLO 1-3000 which is now the legal certified domain of Mr Jorge Lopehandia and his clean titles granted to him by the Chilean Authorities.

    2005 SEC Form 40-F ( Filed 03/31/05 for the Period Ending 12/31/04 ) @ EDGAR Online

    "In 2001, an action was filed in Chile by Rudolfo Francisco Villar against Barrick’s Chilean subsidiary, Compania Minera Nevada Limitada (“CMN”), claiming that it had failed to fully honor an agreement to purchase certain mining claims of Villar located near the Pascua Lama project. Villar’s suit seeks to rescind the purchase agreement with CMN or, alternatively, damages of approximately US$ 1 million. At the outset of the litigation, Villar obtained an ex parte injunction barring CMN from selling or encumbering the claims while the suit is pending before the Chilean courts. Barrick intends to vigorously defend the action."

    Pascua Lama Technical Report 2011

    "TECHNICAL REPORT LOCATION: MINA PASCUA (PASCUA-LAMA) PROJECT, CHILE

    Catalino Albanez Vergara, Ingeniero Ejecución en Minas [T.N.: This appears to mean Mining Enforcement Engineer; hereinafter I.E.M.], Expert Mine Surveyor since 1980 and Court-accredited Expert for the Appeals Court of La Serena, domiciled at “Pasaje Los Olivos 955”, La Serena, hereby states:

    1.-Nevada Mining Company 1994 PASCUA-LAMA PROJECT THE AMARILLOS 1 THROUGH 3000.- This mineral deposit (PASCUA-LAMA project) is located inside of the AMARILLOS 1 THROUGH 3000 mining properties and it is in turn located within the groups of mining properties TESORO FIVE and TESORO SEVEN, where they are located as shown in the report presented to COREMA and the pertinent entities and public opinion for the purpose of obtaining the corresponding sectoral permits for the development of the mineral deposit denominated PASCUA-LAMA, which is complemented with photographs from “GEOGLE” [presumably “GOOGLE”] showing the whole yellow mountain (alteration deposit) which is also mentioned in the official Survey Record, in the chapter entitled “Acceso al HM” [Access to HM]; the same is described in later surveys of the TESORO FIVE and TESORO SEVEN groups.

    CONCLUSIONS REGARDING LEGAL TITLE AUTHORITY AS AT JUNE 15, 2011. To this date there are no valid marginal annotations on these title deeds in the name of Barrick Gold Corporation-ABX of Canada, Barrick Chile or Minera Nevada Limitada, according to an original copy of same which I have before me. The original 2011 copy DOES certify by means of a marginal annotation the litigious rights of Mr. Jorge R. Lopehandia Cortes as the first-claim legal right to title.

    FINAL CONCLUSION The properties LOS AMARILLOS 1 through 3000 and TESOROS should not have been included in the list of mining properties as being the property of BARRICK GOLD CORPORATION-ABX of Canada, due to the fact that these properties have not been nor are they now registered in the name of said firm at the Registrar of Mines of the City of Vallenar, in the Atacama Region, Republic of Chile, in conformity with Chilean law. Moreover, these title deeds could not have been transferred or sold or contracted in any manner whether in Chile or abroad due to the fact that a prohibition is in place, granted by a Chilean Court which prohibits the carrying out of actions or execution of contracts."

    TRANSLATED CHILE MEDIA REPORT 2013:

    "The largest gold mining company in the world, Barrick Gold and its Chilean subsidiary, Nevada Spa Mining, could lose in the coming months the Pascua deposit worth millions after a series of frauds regarding mining property and repeated poor environmental practices. The deposit is known as the Pascua-Lama, with the name Pascua from the Chilean side, and Lama from the Argentine side.
    Barrick Gold is accused of illegally extracting gold minerals along with outlawed salt and nitrate concessions. The accusations include mining gold from Chile while ignoring a provisional Supreme Court measure that prohibits mining activity and securing new contracts, conducting business in the international bank with “phony” titles, and trying to obstruct justice using false testimony, among others. The accusations have been presented by Chilean mine owner, Jorge Lopehandía, who along with Mountainstar Gold Inc, were granted legal ownership of the Pascua mine in February.

    On February 1, 2013, Alan GS Hultman, the lawyer for Mountainstar Gold Inc, received the Pascua Mine Chile property titles and its mining concessions.

    On January 16, the titles were issued in Vallenar, Chile by the Mines Commissioner, Paulo Cortes Olguín. This grants sole legal jurisdiction over the Pascua Mine area concessions and titles, to Lopehandía, who has been threatened and pressured by Barrick Gold to waive his own rights.
    The titles were authenticated by the Ministry of Justice and the Ministry of Chilean Exterior Relations and have been validated by the Canadian Embassy in Santiago, Chile. This happened after Barrick tried to invalidate Lopehandía’s actions in Canada several times.

    This is a check or almost checkmate for Barrick, because in Chile the only person authorized to grant a valid mining property certificate, or for that matter, who can validate the right [to mining property], is the Mines Commissionar, who in this case is from the the jurisdiction of the city of Vallenar.

    The Mines Commissioner established in a legal document that the concessions of the Pascua Project in Chile: Tesoros Uno 1 al 30 through Tesoros Doce 1 al 5 are in Jorge Lopehandía’s name, making him the valid title-holder from 2013 onward.

    Thus this advance ruling underscores that Barrick Gold Corporation (ABX), or its affiliates in Chile do not have titles nor have they ever had titles for these concessions.
    Secondly, the Commissionar established through the work of Lopehandía’s mining agent, Mr. Villar, that “Amarillos North (12,850 acres) and Amarillos South (8,400 acres) have been Lopehandía’s property since 1996.

    Both Lopehandía and Brent Johnson, his partner from Mountainstar Gold Inc, reiterated their confidence in the Chilean justice system, adding that “all the false declarations made by Barrick executives and their affiliates in Chile in relation to these titles, have given way to criminal chrges, and a call for jail sentences against those involved with the case.”

    Barrick Paralyzed for Damaging the Environment
    In addition, Barrick Gold has been ordered to pay the sum of 2,000 UTM a Chilean currency unit to calculate taxes, fines, and custom duties, close to 120 million pesos or $254,400 USD], a fine issued for irregularities in environmental mismanagement and for not fulfilling its commitments and mitigation measures of the Environmental Ratings Resolution (RCA in Spanish).

    “All mining operations in Pascua Lama are paralyzed,” clarified Mauricio Pino, the Regional Ministerial Mining Secretary of Atacama.

    The above finding was a result of the Atacama General Direction of Waters’(DGA in Spanish) detection of particulate matter in the surrounding glaciers, which the company had unsuccessfully attempted to hide.

    Barrick is accused of failures in the handling of the mine’s wastewater plant, failure in the monitoring of the glaciers located in the Cordillera mountains of the Huasco valley in the Atacama region, and failures in its efforts to avoid transporting material over the glaciers, which threatens their conservation and the sustainability of the water flow in the basin.

    Barrick risks losing its environmental permit from the Environmental Superintendent if it continues to commit these serious infractions.

    It should also be added that in October 2012, work was already stopped by the National Geology and Mining Service (Sernageomin) after they detected that the mines caused pollution and health risks to the workers."

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    • Expert 3rd Party Technical Report by Albanez places the deposit of Pascua Lama on Amarillo 1-3000, ABX has no legal right to mine the deposit of Pascua Lama on the Chile side of the project with AMARILLO 1-3000 or the superimposed Tesoro titles. Those areas have been under a 2001 Chile Court injunction and are now the property of Mr Jorge Lopehandia with his restituted titles and Certified Domain. ABX has never owned those titles for the extraction of Gold, Silver and Copper.

      "TECHNICAL REPORT LOCATION: MINA PASCUA (PASCUA-LAMA) PROJECT, CHILE

      Catalino Albanez Vergara, Ingeniero Ejecución en Minas [T.N.: This appears to mean Mining Enforcement Engineer; hereinafter I.E.M.], Expert Mine Surveyor since 1980 and Court-accredited Expert for the Appeals Court of La Serena, domiciled at “Pasaje Los Olivos 955”, La Serena, hereby states:

      1.-Nevada Mining Company 1994 PASCUA-LAMA PROJECT THE AMARILLOS 1 THROUGH 3000.- This mineral deposit (PASCUA-LAMA project) is located inside of the AMARILLOS 1 THROUGH 3000 mining properties and it is in turn located within the groups of mining properties TESORO FIVE and TESORO SEVEN, where they are located as shown in the report presented to COREMA and the pertinent entities and public opinion for the purpose of obtaining the corresponding sectoral permits for the development of the mineral deposit denominated PASCUA-LAMA, which is complemented with photographs from “GEOGLE” [presumably “GOOGLE”] showing the whole yellow mountain (alteration deposit) which is also mentioned in the official Survey Record, in the chapter entitled “Acceso al HM” [Access to HM]; the same is described in later surveys of the TESORO FIVE and TESORO SEVEN groups.

      CONCLUSIONS REGARDING LEGAL TITLE AUTHORITY AS AT JUNE 15, 2011. To this date there are no valid marginal annotations on these title deeds in the name of Barrick Gold Corporation-ABX of Canada, Barrick Chile or Minera Nevada Limitada, according to an original copy of same which I have before me. The original 2011 copy DOES certify by means of a marginal annotation the litigious rights of Mr. Jorge R. Lopehandia Cortes as the first-claim legal right to title.

      FINAL CONCLUSION The properties LOS AMARILLOS 1 through 3000 and TESOROS should not have been included in the list of mining properties as being the property of BARRICK GOLD CORPORATION-ABX of Canada, due to the fact that these properties have not been nor are they now registered in the name of said firm at the Registrar of Mines of the City of Vallenar, in the Atacama Region, Republic of Chile, in conformity with Chilean law. Moreover, these title deeds could not have been transferred or sold or contracted in any manner whether in Chile or abroad due to the fact that a prohibition is in place, granted by a Chilean Court which prohibits the carrying out of actions or execution of contracts."

      "The largest gold mining company in the world, Barrick Gold and its Chilean subsidiary, Nevada Spa Mining, could lose in the coming months the Pascua deposit worth millions after a series of frauds regarding mining property and repeated poor environmental practices. The deposit is known as the Pascua-Lama, with the name Pascua from the Chilean side, and Lama from the Argentine side.
      Barrick Gold is accused of illegally extracting gold minerals along with outlawed salt and nitrate concessions. The accusations include mining gold from Chile while ignoring a provisional Supreme Court measure that prohibits mining activity and securing new contracts, conducting business in the international bank with “phony” titles, and trying to obstruct justice using false testimony, among others. The accusations have been presented by Chilean mine owner, Jorge Lopehandía, who along with Mountainstar Gold Inc, were granted legal ownership of the Pascua mine in February.

      On February 1, 2013, Alan GS Hultman, the lawyer for Mountainstar Gold Inc, received the Pascua Mine Chile property titles and its mining concessions.

      On January 16, the titles were issued in Vallenar, Chile by the Mines Commissioner, Paulo Cortes Olguín. This grants sole legal jurisdiction over the Pascua Mine area concessions and titles, to Lopehandía, who has been threatened and pressured by Barrick Gold to waive his own rights.
      The titles were authenticated by the Ministry of Justice and the Ministry of Chilean Exterior Relations and have been validated by the Canadian Embassy in Santiago, Chile. This happened after Barrick tried to invalidate Lopehandía’s actions in Canada several times.

      This is a check or almost checkmate for Barrick, because in Chile the only person authorized to grant a valid mining property certificate, or for that matter, who can validate the right [to mining property], is the Mines Commissionar, who in this case is from the the jurisdiction of the city of Vallenar.

      The Mines Commissioner established in a legal document that the concessions of the Pascua Project in Chile: Tesoros Uno 1 al 30 through Tesoros Doce 1 al 5 are in Jorge Lopehandía’s name, making him the valid title-holder from 2013 onward.

      Thus this advance ruling underscores that Barrick Gold Corporation (ABX), or its affiliates in Chile do not have titles nor have they ever had titles for these concessions.
      Secondly, the Commissionar established through the work of Lopehandía’s mining agent, Mr. Villar, that “Amarillos North (12,850 acres) and Amarillos South (8,400 acres) have been Lopehandía’s property since 1996.

      Both Lopehandía and Brent Johnson, his partner from Mountainstar Gold Inc, reiterated their confidence in the Chilean justice system, adding that “all the false declarations made by Barrick executives and their affiliates in Chile in relation to these titles, have given way to criminal chrges, and a call for jail sentences against those involved with the case.”

      Barrick Paralyzed for Damaging the Environment
      In addition, Barrick Gold has been ordered to pay the sum of 2,000 UTM a Chilean currency unit to calculate taxes, fines, and custom duties, close to 120 million pesos or $254,400 USD], a fine issued for irregularities in environmental mismanagement and for not fulfilling its commitments and mitigation measures of the Environmental Ratings Resolution (RCA in Spanish).

      “All mining operations in Pascua Lama are paralyzed,” clarified Mauricio Pino, the Regional Ministerial Mining Secretary of Atacama.

      The above finding was a result of the Atacama General Direction of Waters’(DGA in Spanish) detection of particulate matter in the surrounding glaciers, which the company had unsuccessfully attempted to hide.

      Barrick is accused of failures in the handling of the mine’s wastewater plant, failure in the monitoring of the glaciers located in the Cordillera mountains of the Huasco valley in the Atacama region, and failures in its efforts to avoid transporting material over the glaciers, which threatens their conservation and the sustainability of the water flow in the basin.

      Barrick risks losing its environmental permit from the Environmental Superintendent if it continues to commit these serious infractions.

      It should also be added that in October 2012, work was already stopped by the National Geology and Mining Service (Sernageomin) after they detected that the mines caused pollution and health risks to the workers."

    • my_name_is_dick_fcking_cheney my_name_is_dick_fcking_cheney Sep 5, 2013 12:43 AM Flag

      Your beating a DEAD HORSE ..... JRL has said on i-Hub that Barrciks' P.L. claim is located 11KM away from JRL's claim.

      • 1 Reply to my_name_is_dick_fcking_cheney
      • Jorge never said that, why don't you post something to back up your statement, that's right you can't. As a matter of fact Jorge has said as well as his mining experts that his titles cover all of Pascua Lama on the Chile side.

        From the UNDERLYING CLAIMS BACKGROUND & HISTORY AGREEMENT between MSX and Mr Lopehandia (filed at SEDAR):

        "Recent Claims Cover all of Pascua Lama That is in Chile:
        (118) the Restituted Amarillo North and Amarillo South Mining Claims and the Recently Acquired Additional Mining Claims cover all of Pascua Lama that is located in Chile"

    • Are u retarted? Just wondering.

      • 1 Reply to killingtonbill
      • I hear ABX shareholders are a bit slow, the info has been out for a while now. As a matter of fact ABX reported the Pascua Lama 2001 injunction in 2005, ABX just forgot to inform shareholders of the outcome and the impact the injunction has had to the project. With the deposit on AMARILLO 1-3000, it no wonder ABX had delayed this project for the past 17 years and increased the budget from $500 million to close to $10 Billion.

    • I thought you were going to give an update, but all you offered was a rehash.

      Barrick's Pascua Lama mine is not on the claims that are under injunction.

      • 1 Reply to mtstack2000
      • It's telling of mtstacks allegiance to ABX, mtstack will defend the legal mess ABX is facing to the bitter end.

        Barrick's Pascua Lama Project is indeed on the claims under injunction. Te deposit of Pascua Lama is located on AMARILLO 1-3000, those titles are defective salt and nitrate titles not allowed for the exploitation of the gold and silver and copper of the Pascua Lama Project and have been under a 2001 Chile court injunction provided above.

        I have no ability to give an update for ABX, mtstack is simply trying hard to misdirect investors to Barricks title problems and legal mess with Pascua Lama.

    • Tick tick tick watch Chile update the world hopefully sooner then later on all the ABX lies and fraud

 
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