BY BEN BILUA
Gizo
Solomon Islands Resource Company limited [SIRCL] has moved camp following last week’s court ruling.
This time, the mining company is expecting to establish a new camp at an area called Jaho, close to Lelegia village in Isabel Province.
A source on the ground said operation at Suma has stopped and all the machine are now grounded except few machines that are currently engaging in road a constructing from Suma to Kologajoga.
“Operation here has stopped since last week and all of the machines are now grounded. Few machines have been transported to Jaho and some of the machines are engaged in constructing a new road from Suma to Kologajoga,” the source said.
The source said landowners are monitoring the situation and movements of Chinese employees so as machines from Suma Camp to Jaho Camp.
In an exclusive interview with Island Sun, Ethel Claudia Lency said the legal battle is done and now the company must pay the price of ignoring the country’s laws and regulations.
She said the ruling will bring families and tribe together with an open mind, to renew relationships and take the next step.
“It was challenging as a family and tribe. We agree to disagree on issues but the high court decision will mend our relationships for the better,” Lency said.
She said the next task is to make sure the company pays for breaching the country’s laws and also the damages done to the environment.
Lency said instructions have been issued to landowners on the ground to stop the company from moving any machineries on Suma Camp site until SIRCL pays all its due to the landowners and others concerned.
“I received reports that SIRCL is moving some of its machineries to Jaho and we will deal with them legally.
“If they fail to listen, we will confiscate all the machineries’ keys if it matters,” she said.
Moving forward, Lency said, the idea of welcoming a new mining company is on the table but not soon.
“It’s too early to tell you the exact date and time but what I will tell you is that, this time, we will ensure that, processes will be done in accordance to prescribed laws and regulations of the country,” she said.
Lency registered her acknowledgement to her tribe and her family for their prayers and support.
She also acknowledged the lawyers who presented the case.
Island Sun understand that the high court ruled in favour of Ethel Claudia Lency and the Thavia tribe in what many described as a landmark case.
The lawsuit was filed to determine whether the mining lease was approved in accordance to key provisions under the Mines and Minerals Act (MMA) and the Land and Titles Act (LTA).
Arguments brought before the High Court was to prove poor registration of land, poor feasibility study, and the company’s failure to adhere to gaps identified by independent consultants.
Verdict by the High Court determined that Mining Lease No. ML 01/2022, granted to Solomon Islands Resources Company Limited, is void in law, effectively halting mining operations on Suma Kolosori customary land in Isabel Province.
The High Court ruled that the mining lease is null and void, therefore the company and other respondents including the Attorney General representing the Minister of Mines are legally prohibited from carrying out mining operations on the land.
In her ruling, Presiding Judge, Justice Maelyn Bird cited the Sumitomo Case [2006] and Hiva V. Mindu [2009] which reinforces the importance of the protection of customary land under Solomon Islands laws.
“While the mining company had executed a Surface Access Rights Agreement (SARA) with landowners, this did not replace the legal requirement to register the lease under Section 39 of the MMA and Section 146 of the LTA,” she explained.
Costs were ordered against all respondents jointly and/or severally.
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