Nickel Enterprise SI Ltd (NESI) has denied breaching the Mines and Minerals Act, saying accusations by the West Rennell Land and Resource Owners Association (WRLROA) published yesterday was “both factually and legally incorrect.”
The allegations were made against NESI and its Chief Executive Officer (CEO), Fred Tang.
“Section 21(4) of the Mines and Minerals Act provides, amongst other things, that on receipt of a letter of intent, an applicant, in consultation with the Director of Mines, shall take such measures in accordance with the terms and conditions specified in the letter of intent to identify and record the names of landowners, landowning groups, or any person or groups of persons having an interest in the land and enter into negotiations with those persons in order to obtain surface access rights.
“It is an offence under s.21(11) of the Mines and Minerals Act for a person, by false pretence or false representation, to cause the Director or the landowners to believe that they represent landowners or to obtain or cause any money to be paid as surface access fees or compensation for damage,” the company said in a statement issued later yesterday afternoon.
“Therefore, the process is a stringent one, and one which gives rise to an offence, if a person were, by false pretence or false representation, to cause the Director to believe that they represent landowners when they do not.
“NESI published notices in local newspapers notifying landowners, landowning groups, or any person or groups of persons having an interest in the land that letters of intent had been issued to it and advising that the Director of Mines would be conducting a meeting for the purpose of obtaining Surface Access Agreements. NESI also conducted awareness and consultation with landowners. This process was overseen by the Ministry of Mines, Energy & Rural Electrification and the Attorney-General’s Chambers.
“In consultation with the Director of Mines, the names of landowners, landowning groups and other persons were identified and recorded; negotiations with persons claiming an interest occurred to obtain surface access rights and to make the other arrangements required by the Mines and Minerals Act. Again, this was overseen by the relevant agencies,” the statement said.
“None of the above could be construed as corrupt on the part of NESI, its officers, the Director of Mines or the Minister.
NESI rejected suggestion that it presented ‘false landowners’ to the Director and ‘obtained signatures under false pretences’ is without foundation and rejected.
“The WRLROA has previously challenged a decision of the Honourable Minister of Mines, Energy and Rural Electrification to grant a tenement under the Mines and Minerals Act on Rennell Island and was found by the Honourable Deputy Chief Justice to lack standing, and its claim was dismissed, with costs.
“The WRLROA does not hold any interest in the land the subject of the Prospecting Licences which have been granted to NESI. The membership of the WRLROA is unknown.
‘It, unfortunately, appears to be being used as a shield for some people to hide behind to attempt to cause disruption and for an unnamed spokesperson to make very serious and unfounded allegations against NESI and others.”
“Proceedings are currently on foot between NESI and the WRLROA. Those proceedings include an application by NESI to dismiss the claim by the WRLROA. Accordingly, NESI does not wish to comment further on those proceedings. However, other proceedings which sought to injunct NESI were dismissed, with costs.
“If there are disputes amongst the persons who hold an interest in land, then those are matter for those persons to resolve. However, that does not give rise to any fraud or corruption on the part of NESI, Mr Tang or any of its other officers. Those allegations are serious and unfounded.
“NESI, the statement said, looks forward to working cooperatively with the National and Provincial Governments, landowners and other stakeholders through the course of its prospecting activities.”
