"In its comments on the draft decision the Company noted that the Government of Greenland's interpretation was wrong and was inconsistent with common understanding of the meaning of the word 'exploitation'. For example, in its submission on the Consultation Bill for Act No. 20, the Greenland Government's Department of Business, Trade, Foreign Affairs and Climate stated that "it has been a known main principle that exploitation in the Minerals Act meaning must be understood as commercial exploitation"."
Unfortunately for the company, the common understanding of the word "exploitation" doesn't apply here. It needs to be considered in context of the mineral resources act. As an example, from the Department of Business, Trade, Foreign Affairs and Climate statement. "it has been a known main principle that exploitation in the Minerals Act meaning must be understood as commercial exploitation
(mining)".
The company even agrees that exploitation can be interpreted as meaning "mining".
“Under Greenland’s Mineral Resources Act, one of the main requirements for the granting of an exploitation (mining) license…”https://wcsecure.weblink.com.au/pdf/GGG/02228923.pdf
This is consistent with the context it's been used in the mineral resources act IMHO. As an example, from the mineral resources act where exploitation can be interpreted as meaning "mining".
31.–(1) The Government of Greenland may lay down specific provisions on minerals, including on exploration,
exploitation, processing, storage, depositing, transport, trading, export, import and certification of minerals 46.–(1) The Government of Greenland may approve that local authorities collect and extract
gravel, stone and similar minerals to be used locally as road and building materials etc. for the
establishment and maintenance of common roads, open spaces, quays, houses, buildings, etc.;
but see subsection (2) below. The Government of Greenland may in connection with an
approval stipulate terms on all matters relating to exploitation. If exploitation is approved, it
may be carried out without an exploitation licence to the extent and on the terms set out in the
approval.
Exploitation must be carried out in a sound manner as regards safety, health and the
environment. (2)
Exploitation under subsection (1) above may not be carried out in areas where a licence
has been granted under section 16 or section 33 above and may only be carried out subject to
subsoil licences under section 39 above.
Unofficial-translation-of-unofficial-consolidation-of-the-Mineral-Resources-Act.pdf (govmin.gl)Looks like the companies' team of high paid international lawyers will have to put forward a better argument, because this one doesn't pass the pub test IMO.
