Tuesday, October 23, 2018 10:35:31 PM
104. The fact that CMK sought political intervention to try to speed things up is understandable. However, the Tribunal’s focus is on the legal requirements not the politics of the situation. By its
express terms, SPL 256 required CMK to conduct a “mine feasibility report” and an
“Environmental Impact Assessment Study” before applying for a mining licence. These
conditions were imposed on SPL 256 by authority of s. 17 of the Mining Act and s. 4(2) of the
Environmental Impact (Assessment and Audit) Regulations.
105. No amount of frustration with the bureaucracy excused CMK from non-performance of these legal conditions, nor could non-performance be waived by the politicians.
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