Bougainville Copper Limited Opposed Strongly BY Landowners at Warden’S Hearing Announcement to the Toronto Stock Exchange and Australian Stock Exchange
NOT FOR DISTRIBUTION TO UNITED STATES NEWS WIRE SERVICES OR FOR
DISSEMINATION IN THE UNITED STATES
BOUGAINVILLE COPPER LIMITED OPPOSED STRONGLY BY LANDOWNERS AT
WARDEN’S HEARING
ANNOUNCEMENT TO THE TORONTO STOCK EXCHANGE
AND AUSTRALIAN STOCK EXCHANGE
12 DECEMBER 2017
Update on Warden’s Hearing
The Board of RTG Mining Inc. (“RTG”, “the Company”) (TSX Code: RTG, ASX Code:
RTG) is pleased to p rovide an update on the Warden’s Hearing for Bougainville
Copper Limited (“BCL”) held in Panguna yesterday. Despite BCL not having been to
Panguna in over 28 years (given landowners had refused to even allow them access),
to ensure a full and fair hearing amongst the Special Mining Lease Osikaiyang
Landowners Association members, Autonomous Bougainville Government (“ABG”)
representatives, including the Warden and BCL, the landowners in a show of good
faith allowed BCL acce ss on this special occasion (despite BCL not having fol lowed
custom).
At the outset, it is important to acknowledge the Autonomous Bougainville
Government (“ABG”) representatives on the day being the Warden and Mining
Registrar conducted an orderly forum, ensuring both the opposition to BCL and its
supporters were given an opportunity to express their views.
BCL has stated it l odged a compliant extension application for Exploration Licence
(“EL”) 1 in July 2016, which legal advice to the SMLOLA states was not validly
lodged. Based on this legal advice, the SMLOLA filed an objection to the extension
application with the Warden stating it is invalid because it was submitted out of time
and was incomplete which means that the EL expired 15 months ago. This w as also
consistent with statements to the SMLOLA members on several occasions by the
ABG confirming they had not received an extens ion application from BCL, as early as
8 September 2016 . Interestingly BCL’s position only yesterday changed, within just
four days, suggesting now that it was not processed on time, blaming the ABG.
Despite the right to do so, the SM LOLA chose not to stop the Warden’s Hearing
yesterday as it was keen to give its members the opportunity to speak their mind,
given the depth of emotion behind their views. The purpose of the Warden’ s Hearing
was to determine whether the purported extension a pplication by BCL has the
necessary support of the SMLOLA members, being the owne rs of the minerals and
customary land within the EL boundary.
Page 2 of 5
SMLOLA’s objection is only one of in excess of 100 formal written substantive
objections lodged in respect of the Extension Application. Other objections call on the
ABG to cancel BCL’s EL pursuant to the ABG's own Notice to Show Cause dated 21
July 2016, based on a blatant breach (admitted by BCL) of section 112(1) of the
Mining Act because RioTinto transferred more than the statutory maximum 25%
shareholding without seeking the ABG’s approval. Another objector lodged a Petition
with 2,000 supporters expre ssing opposition to BCL. Another objector points out that
BCL’s EL was granted without consent or compensation to the customary landowners
and therefore constitutes the unfair (and unconstitutional) deprivation of their lawful
property. Other objections ma ke the point that BCL was granted a 2 year EL, but was
unable to gain landowner consent and access before its expiry on 7 September 2016,
having made no progress on the redevelopment during the full 2 year term.
The Warden’s Hearing was held yesterday, with a strong majority held message from
the SMLOLA members, they will never grant BCL access to their la nds and do not
support an extension of BCL’s previous EL1 or the grant of a new EL to them.
This position was also supported by a Petition, signed and supported by around 2,000
members of the SMLOLA stating “No to BCL Forever” which demonstrates the
position of many of the landowners.
All those who supported BCL, for the most part, were calling on BCL to compensate
them for the past atrocities which th ey hold BCL accountable for, which to date BCL
have neither accepted nor compensated them.
Update on Recent Media Comments
Following on from the announcement on 5 December 2017 confirming the resolution
of the Leadership dispute over the SMLOLA in favour of Mr Philip Miriori, we can now
advise that the discontinuance papers have also been lodged with the Court, bringing
the dispute to a formal end.
Since that announcement, media publicity has demonstrated a lack of understanding
of the new Bougainv ille Mining Act (“Mining Act”) introduced in 2015, which is
understandable given this is the first time many of the provisions are being applied and
considered.
RTG has taken extensive legal advice and wishes to provide its understanding of how
the Mining Act applies to the Panguna Mine area and to provide an update on matters
related to the previous BCL exploration licence (BCL’s EL) over that area and the
application for an exploration licence by the joint venture company with the SMLOLA
(“SMLOLA’s ELA”) over the same area.
The Mining Act is both new and unique, with significant changes from the PNG Mining
Act (which formerly applied to mining on Bougainville). Understandably, all
stakeholders, including both the landowners and the ABG are still in t he process of
working through the implications of the key changes. As a result, it is therefore
understandable in this learning process that there may be different interpretations and
views expressed prior to determining what is allowed for under the new Mining Act.
What is absolutely clear however is that the Mining Act has expunged the State
ownership of mineral rights in Bougainville (which applied under the PNG Mining Act)
and conferred ownership of them, not on the ABG but on customary landowners. All
minerals are owned by the customary landowners whose land contains the minerals.
Page 3 of 5
In the case of the old 1.5bt 1 Copper-Gold Panguna Mine, the SMLOLA members are
the customary landowners.
However, the role of the ABG is also important. It is the administr ator of the Mining
Act and the regulator - an independent umpire that is responsible for issuing mineral
exploration licenses and mining leases, in accordance with that Act, in a manner which
is both fair and impartial, to assist the landowners to ensure b oth their interests, and
the interests of all Bougainvilleans, are properly protected in the process.
SMLOLA’s ELA embodies the very rights conferred on the customary landowners
under the new Mining Act, allowing them to take control of their property (being the
minerals at the old Panguna Mine) and their destiny (being the conditions on which
access is permitted to their land for exploration and mining).
SMLOLA and RTG respect the ABG's role as the independent regulator to fairly and
impartially gran t and administer exploration licenses. Contrary to recent false
allegations published in the media, t he SMLOLA plan for the Panguna Mine has been
developed over the last 5 years, in full consultation with the ABG. This included full
and comprehensive brief ings to President Momis (over 20 meetings) and the two
previous Mining Ministers of the ABG, to ensure the plan had the ABG's support.
Following a suggestion of the ABG, it also included flying a number of ABG Ministers
to the Masbate Mine in the Philippin es (being the last mine developed by the RTG
Management) in late January this year.
The ABG was fully supportive of the SMLOLA plan until a sudden change in March
this year, with the appointment of the new Mining Minister who then expressed support
for BCL, the previous operator of the Panguna Mine.
The consortium of the customary landowners was only established after 30 years of
inactivity at Panguna without resolution or compensation by BCL for any of the major
environmental and social damage and hum an misery resulting from it. SMLOLA’s
ELA is the only application that has the required support of the customary landowners.
SMLOLA has confirmed they remain committed to working co -operatively with the
ABG, fully respecting their role in the process, ens uring all Bougainvilleans and the
ABG also benefit from the redevelopment.
RTG accepts that, in representing the owners of the land and the minerals contained
within it, the SMLOLA executive are charged with the responsibility of seeking to
commercialise their mineral ownership interests in a manner that protects the
members, a role which RTG can see they take very seriously. This has been a full
time job for the executive, which has also required the employment of a team of
landowners to assist in negoti ations, awareness campaigns and protecting the
members’ rights. For this Central has ensured these persons have been fairly
compensated on arms’ length terms in an honest and transparent manner and at
normal commercial rates. The ABG were in fact advised of that plan long ago (before
the current Mining Minister’s appointment, which may explain the confusion) and
expressed no concerns.
1 Refer to BCL’s JORC 2012 Statement released to ASX on 7 Februa ry 2013, available at
http://www.asx.com.au/asxpdf/20130207/pdf/42cx2byq5n5lkg.pdf. This historical estimate only refers to Indicated
Resources. If the SMLOLA proposal is successful, a compliant NI 43 -101 report needs to be completed by RTG to
upgrade and/ or verify the historical estimate as a current Mineral Resource.
Page 4 of 5
We fully understand that this is the first time that many of these issues are being
considered by all stakeholders and t he Mining Minister is new to his appointment,
without perhaps having the benefit of knowing the many years of work that have been
done with former Mining Ministers. Accordingly, if we can help in any manner, we
confirm again we are more than willing to assist as required.
As set out in our earlier announcement, RTG’s board is pleased to see that the
leadership challenge by Mr Daveona, who was being supported by the ABG and BCL,
has now been resolved, with Mr Miriori being confirmed as the Chairman of the
SMLOLA. The SMLOLA leadership have confirmed they now look forward to working
with President Momis and the ABG, as promised, in a collegiate manner to resolve, in
the best interests of all Bougainvilleans, any differences of interpretation of the Mining
Act and its proper application.
ABOUT RTG MINING INC
RTG Mining Inc. is a mining and exploration company listed on the main board of the
Toronto Stock Exchange and Australian Securities Exchange Limited. RTG is focused
on a proposal with a landowner lead consortium to secure an exploration licence at the
high tonnage copper -gold Panguna Project in Bougainville PNG and the high grade
copper/gold/magnetite Mabilo Project in the Philippines, while also identifying major
new projects which will allow the Company to move quickly and safely to production.
RTG has an experienced management team which has to date developed seven
mines in five different countries, including being responsible for the development of the
Masbate Gold Mine in the Philippines through CG A Mining Limited, and has B2Gold
as one of its major shareholders in the Company. B2Gold is a member of both the
S&P/TSX Global Gold and Global Mining Indices.
ENQUIRIES
Australian Contact US Contact
President & CEO – Justine Magee Investor Relations – Jaime Wells
Tel: +61 8 6489 2900 +1 970 640 0611
Fax: +61 8 6489 2920
Email: [email protected] [email protected]
Page 5 of 5
CAUTIONARY NOTE STATEMENT
This announcement includes certain “forward -looking statements” within the meaning
of Canadian and applicable securities legislation. Statement regarding interpretation of
exploration results, plans for further exploration and accuracy of mineral resource and
mineral reserve estimates and related assumptions and inherent operating risks, are
forward-looking statements. Forward -looking statements involve various risks and
uncertainties and are based on certain factors and assumptions. There can be no
assurance that such statements will prove to be accurate, and actual results and future
events could differ materially from those anticipated in such statements. Important
factors that could cause actual results to differ materially from RTG’s ex pectations
include uncertainties related to fluctuations in gold and other commodity prices and
currency exchange rates; uncertainties relating to interpretation of drill results and the
geology, continuity and grade of mineral deposits; uncertainty of est imates of capital
and operating costs, recovery rates, production estimates and estimated economic
return; the need for cooperation of government agencies in the development of RTG’s
mineral projects; the need to obtain additional financing to develop RTG’ s mineral
projects; the possibility of delay in development programs or in construction projects
and uncertainty of meeting anticipated program milestones for RTG’s mineral projects
and other risks and uncertainties disclosed under the heading “Risk Factor s” in RTG’s
Annual Information Form for the year ended 31 December 2016 filed with the
Canadian securities regulatory authorities on the SEDAR website at sedar.com. The
forward‐looking statements made in this announcement relate only to events as of the
date on which the statements are made. RTG will not release publicly any revisions or
updates to these forward ‐looking statements to reflect events, circumstances or
unanticipated events occurring after the date of this announcement except as required
by law or by any appropriate regulatory authority.