AVQ 0.00% 2.5¢ axiom mining limited

axiom has new ally in si high court, page-3

  1. 1,027 Posts.
    if anyone has questions i suggest you speak to AVQ directly. i emailed AVQ re other projects & funding and to my surprise got a reply from ryan mount by mid-morning. i wont post his reply, but im impressed.

    some side reading as not sure if its been posted before, but i can see why sumitomo is peed off! they have been trying for years to get access lol no one wants them!

    http://www.solomonstarnews.com/viewpoint/private-view/9458-isabel-nickel-what-does-our-national-government-say

    Isabel Nickel - what does our National Government say? .
    Thursday, 16 December 2010 09:21 .According to information leaked to the press, Sumitomo, one of the participants under the International Tender process for the Isabel nickel deposits, has or is about to be granted a letter of intent for the right to pursue a surface access agreement with the customary landowners over the nickel lands of Isabel ad San Jorge Islands.

    The Bugotu Landowners Association the (BLA) represents the true and rightful landowners of those lands and takes this opportunity to put the true and historical wishes of the Bugotu peoples it constitutionally represents before the governments and the people of the Solomon Islands.

    As early as 2005, the Chairman and then Secretary of the BLA issued a press release which was reported widely clearly stating that the BLA and its members would not support the granting of mineral rights to the Japanese multinational Sumitomo.

    In 2007 when Sumitomo appeared to have been issued with a Letter of Intent to grant a Prospecting License over the Isabel nickel deposits the BLA again voiced its strong opposition to this Japanese multinational being granted rights by the then national government without any consideration of the customary landowners' expressed wishes.

    The customary landowners, represented by the BLA, rejected Sumitomo as an applicant and had clearly evidenced their position by not signing a surface access agreement as was their right.

    The BLA through one of its corporate entities, Bugotu Minerals Limited (BML, then lodged and paid for an Application for Mineral Right over the deposits, which successive governments have simply ignored!

    The national government was then sued in a High Court case brought by Sumitomo because it could not comply with the terms of the letter of intent. Several customary landowners as members of the BLA were joined as defendants to the High Court case and vigorously fought alongside the Attorney General against Sumitomo.

    On 14 December 2008 Sumitomo lost the case and was ordered to pay the government and the BLA's legal costs. As yet, Sumitomo still has not paid those legal costs!

    The BLA then and many times since has publically and clearly stated it DOES NOT accept Sumitomo and NEVER will.

    Moving forward to the international Tender of 2010 we know by the NCRA government's own public statements that there were four bidders. One was rejected for non-compliance leaving three in the running. One of those three applicants was BML which represents both the aspirations and goals of the BLA Landowners and the BLA's long standing Australian partner Silanda (SI) Limited 2.

    The Isabel IT process was undertaken and regulated under the Mines and Mineral's Act and Regulations (the Act) but yet there are so many potential breaches of the due legal process by the Minister of ME&RE and others involved, that one can clearly see why our country is in financial distress and our people are frustrated when elected individuals behave so selfishly and poorly in the national interest!

    When will the NCRA government and outside multinational companies realise that the BLA wishes to proceed as a equity holder in the development of the Isabel nickel deposits and not just be paid a pittance under a surface access agreement.

    It is also now widely known that senior executives of Sumitomo are currently on Isabel trying to woo BLA members to make surface access agreements. The BLA wonders whether the Attorney General, Mr Titulu, has approved the ters of such agreements in the customary landowners best interests as is required by the Act!

    The BLA representing the majority of the Bugotu people and the true landowners of those lands on Isabel and San Jorge Islands where the nickel deposits are located have consistently stated their position, desire and intent to be part of the commercial development of their own natural resources.

    They want to be able to co-determine how, when, where and why their local communities, villages and people will benefit from the development of this natural resources on their lands. The NCRA government's involvement will oversee and give rise to how the nation collectively benefits from the commercialisation of the same national project. Surely this self determination is in harmony with the NCRA's own statements described on page 10 under "Section 3. Challenges and Opportunities" of its policy statement document to empower Solomon Islanders, provide security, promote opportunities and encourage Solomon Island private sector investment.

    If the NCRA government is honest with itself and our people all the above would lead to the greatest opportunity ever to set a national example of how its people can be involved in determining how their lives can be bettered through direct involvement. The granting of rights to a local company with solid backing by its venture partner should and could be a prime national example of building a "Regional Growth Centre" in line with the government's own stated policies.

    The Isabel customary landowners have consistently advised this and previous national governments that they will not grant a surface access rights to Sumitomo. The BLA, through BML, and which represents both the aspirations and goals of the BLA, the customary landowners, and the BLA's long standing Australian venture partner Silanda (SI) Limited did submit a tender that satisfied all the compliance conditions of the IT process. BML is the ONLY entity that the landowners will support and agree to surface access and none other!

    The BLA is trying to show by example to all Solomon Islanders how all Solomon Islanders can be involved in self-determination. It, on behalf of the customary landowners was not consulted before the Minister handed out a FUTILE letter of Intent to Sumitomo, it alone the BLA did not agree in principle, as is required by the Act to Sumitomo being successful. Where is the support of the duly elected national government?3

    Questions of great importance to the people and National Government of SI:


    1.If the NCRA government truly believers in their own platform policies can they explain why they have not come out either in support of or in denying the press release concerning Sumitomo being the successful tender applicant?


    2.Under section 4.2.1 Land Reform and 4.2.2 Customary Law Codification of the 2010 NCRA policy statement document, does the NCRA government believe it's current actions are working towards a positive outcome in support of it's policy position and objectives within the policy statement?


    3.Does the NCRA government and its servants believe that not only the lack of transparency but the total lack of ministerial action by the current Minister for ME&RE will build confidence in our people or our nation or for outside investors willing or wanting to invest or partner in ventures in the Solomon Islands?


    4.Is the NCRA government going to back its own election platform and promises to the people who elected it and event hose who did not who expect it to be a government for all the people and make decsions for the betterment of the nation and our people?


    Josiah Riogano
    Chairman
    Bugotu Landowners Association


 
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