OceanaGold to take case vs Nueva Vizcaya to SC

Australian-Canadian mining firm OceanaGold said on Monday that it would appeal its case against the provincial government of Nueva Vizcaya to the Supreme Court “if necessary,” after the Court of Appeals (CA) denied the company’s call for an injunction.

The CA decision released last week upheld the Regional Trial Court of Nueva Vizcaya’s decision in July 2019, which denied OceanaGold’s request to invalidate the restraining order filed by Nueva Vizcaya officials to stop its operation.

OceanaGold said it has not received any formal order from the CA, but added that “if the denial of the injunction is in fact accurate, the Company will continue to defend its right to operate …”

“To this end, OceanaGold intends to follow the usual appeal process with the Court of Appeals, and if necessary, to the Supreme Court of the Philippines,” it added.

The legal battle between Nueva Vizcaya and OceanaGold began early last year after the company failed to renew its mining contract that expired in June. In effect, local authorities decided to order the closure of its mine in Didipio and even set up barricades to prevent the entry of mining vehicles in the area.

This prompted OceanaGold to file an injunction against local authorities, arguing that only the national government has the authority to restrain the mine’s operations.

The Department of Environment and Natural Resources’ Mines and Geosciences Bureau, for its part, approved the company’s request to remain in Didipio, but only to rehabilitate and maintain its underground mine to prevent collapse as it awaits the renewal or rejection of its mining permit.

While the Supreme Court is expected to put an end to the legal standoff, the fate of OceanaGold and the local community would still rest with the Office of the President (OP), which has the final say on the mining firm’s operations.

Environment Undersecretary Jonas Leones said in a phone interview that as of Friday last week, the renewal of OceanaGold’s contract remains unresolved.

“As of Friday when we met [Environment Secretary Roy Cimatu], we have not received any information from the OP regarding OceanaGold. The process is very rigid and thorough considering the opposition. The stakeholders are really divided, so they are still weighing the benefits and the environmental considerations,” he said.

OceanaGold, which operates under a financial and technical assistance agreement, runs a 975-hectare high-grade gold-copper mine in Didipio. INQ