AXIOM SUES GOVERNMENT
Axiom Mining Limited has began litigation at the High Court over the government’s handling of its export permit application.
Axiom General Manager, Dr. Phil Tagini said in a statement Axiom has filed a claim for judicial review against the decision of the Minerals Board and a misfeasance claim against the Minister of Mines Bradley Tovosia and the Director of Mines Nicholas Biliki for failing to properly exercise their powers under Regulations 70 and 71 of the Mines and Minerals Regulations pertaining to the company’s export permit application.
He said there are subsequent requests for materials by the Ministry of Mines which the law does not require for the consideration of an export permit.
Dr. Tagini said, the application has met the requirements of the Mines and Minerals Regulations and the company should have been granted an export permit to ship out its nickel ore products to its United States-based buyer Traxys.
However, he said in a letter dated 18 July 2019, Minister Tovosia informed Axiom that the Minerals Board following its extra-ordinary meeting on July 5, had decided to reject Axiom’s export permit application on the basis that it did not possess a Business License from the Isabel Provincial Government.
The Board had maintained that this is a requirement even though not required in the Act or Regulations.
Dr. Tagini explained, Axiom’s non-possession of a business license was not deliberate on its part but was rather due to failure of the Isabel provincial government to respond positively to its numerous applications and attempts to obtain a business licence.