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Court of appeals in Alba annuls Rosia Montana's town planning documents

2012-04-06 10:48:12

The  Romanian court annulled a zoning plan in a decision that may further delay a project to set up Europe's largest open-cast gold mine in the Carpathian town of Rosia Montana, according to Reuters, quoting opponents of the mine. The revoked certificate may halt mine approval. The court of appeals in Alba it had annulled Rosia Montana's town planning documents - including those that refer to the area RMGC needs to set up the mine - in its final decision in a trial brought by two non-government organizations that oppose the project.

According to Rosia Montana officials, "The Alba Iulia Court of Appeal of yesterday does not apply to the decisions of the Local Council of the Rosia Montana commune to adopt the town-planning documentation PUG and PUZ in 2002, which are still valid and legal." RMGC will consider the implications of the court decision in due course once the reasons are released. RMGC confirms that the existing permitting procedures, which are well advanced, will continue in accordance with the legal provisions. Moreover, the new draft urbanism documentation for the Project is at an advanced stage with 19 out of 22 endorsements received to date. The final endorsements will result in a new PUZ being issued. In their turn, local communities among which the mining project is to be developed initiated the procedures for a new PUG for the respective localities.

The newswire quotes close sources on the case:  "These documents are the basis on which Rosia Montana Gold Corporation got its urban planning certificate and other papers, and since it has been annulled, it will be easier to get the company's certificate cancelled as well," said Marius Liviu Harosa, the lawyer who handled the case. If the certificate is revoked, the environment ministry will probably need to stop its environmental impact assessment, Harosa added. RMGC's certificate is an important part of its environmental impact statement filed with the ministry.

Gold and silver exploitation at Rosia Montana would be carried out by the Rosia Montana Gold Corporation (RMGC) company, controlled by Canadian firm Gabriel Resources, which currently owns 80.46 percent of the share capital. The Romanian State, through Minvest Deva, has a 19.31 percent stake in RMGC. Among the names linked with the Canadian company are billionaire businessmen such as John Paulson, Beny Steinmetz and Thomas Kaplan. Gabriel Resources was founded in 1997 by controversial Romanian businessman Frank Timis, who retired from the company in 2003 to focus on other businesses. In 1997 Minvest had a 33.8 percent stake, and Gabriel Resources, which at that time was named Euro Gold Resources, 65 percent. The Romanian State issued the exploitation license for gold and silver at Rosia Montana in June 1999 approved through Government decision 459/1999.

One year later, the State transferred the license from state-owned company Minvest Deva to private firm RMGC. But the RMGC has not managed to convince the Romanian State and the different ministries over the years, and has still not received the necessary permits for the exploitation. Another hurdle the RMGC has had to face is the public’s opposition, as cyanide will be used in the process. The Rosia Montana deposit is evaluated at approximately 300 tons of gold and 1,600 tons of silver.



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