BINTAN Mining Solomon Islands Limited (BMSI) is the provincial business license holder to do mining operations in West Rennell, and not Asia Pacific Investment Development (APID), a private Barrister and Solicitor explained in his letter to the Provincial Police Commander, Renbel Province.
The private lawyer from Whitlam Private Law Firm who wants to remain anonymous made the clarification following recent turmoil which saw the revocation of Asia Pacific Investment Development company APID business license by Renbel Provincial Government.
The Lawyer explained that APID is the legal mining lease holder. The company in turn contracted BMSI who holds a mining license and a valid provincial business license to carry out mining operations.
But despite the private lawyer’s legal opinion, Premier of Renbel Province Collin Sigamoana had maintained his Government’s position arguing that as far as he is concerned APID no longer has the legitimate legal right to operate business in Renbel Province since its business license had been revoked or cancelled.
However in his letter advising the Renbel Provincial Police Commander, dated 26th September 2015, the private lawyer who said he represent both Bintan Mining company and APID alleged that in his view, the legal advice given by the office of the Attorney General in his memorandum dated 22nd September 2015 to the Premier of Renbel province was error nous.
The lawyer said he had copied his letter giving his legal opinion to the Acting Police Commissioner, the Minister of Provincial Government, Premier Rennell Bellona Province, the Provincial Secretary, Solicitor General and the Attorney General.
He explained that the Attorney General’s legal opinion communicated in the memorandum to the Premier of Renbel Province was not a court order.
It was merely a legal opinion which he alleged in actual fact was a legal opinion advice by the Attorney General. He alleged that legal opinion was factually incomplete and legally incorrect, he said.
He claimed the legal advice did not hold legal substance to legitimate its essence under law.
He also claimed the legal advice did not provide protection to a person including police officers who act upon it in the event of personal liability for claims for assault, false imprisonment or intentional interference with contractual agreements and a breach of s.76 of the Mines and Minerals Act 1990 (Cap 42).
And alleged the legal advice did not address the operations of Bintan Mining Solomons Ltd (BMSI) as the contracted mining company.
He said it only dealt with APID who is the actual mining lease holder.
He also explained that BMSI is a separate company to APID. It has been engaged as a contractor by APID to undertake the mining activities on Rennell Island.
He said BMSI on the other hand is the holder of a provincial business license which is still valid.
The Lawyer said in view of that BMSI is lawfully entitled to undertake mining activities on Rennell Island pursuant to APID’s mining lease.
He advised the provincial police commander in his letter that any interference with BMSI operations or its workers for that matter or at any other time could be liable to face legal proceedings.
He said such legal suit could be filed against individuals concerned seeking substantial claims for damages.
He claimed any damages likely to be sustained by APID and BMSI for interruption to the mining activities are estimated to be in the order of USD 88,000 per day.
In addition to that there could also be other damages that may be awarded to any worker wrongfully detained including legal costs, he said.
He claimed APID being the mining lease holder and BMSI the provincial business license holder and contractor have both complied fully with the provisions of the Mines and Minerals Act.
He warned that any interference with the workers of APID or BMSI in so far as their mining activities are concerned is an offence which could amount to legal prosecution.
He said penalties for breaches of the Rennell and Bellona Provincial Business License 2014 amount to specific fines.
Such fines are imposed on persons conducting business and not workers, he said.
By BRADFORD THEONOMI
