Govt prepares to defend gold mine

By THE SUNDAY NATION

 

THE GOVERNMENT has appointed a legal team to defend the National Council for Peace and Order (NCPO)’s suspension of an Australian-owned gold mining operation in the northern province of Phichit before a proposed international arbitration committee.

 

The suspension order was issued on December 13, 2016 on the grounds that the operation had caused environmental and health problems to residents in the area. Australia’s Kingsgate Consolidated, which owns Akara Resources, later accused the Thai government of violating the Thai-Australia Free Trade Agreement for failing to follow the proper procedure when it shut down the gold mine.

 

However, Pasu Lahachun, permanent secretary of the Industry Ministry, said the order was lawful and legitimate because it was aimed at protecting the environment and residents’ quality of life and was in accordance with the United Nations’ Sustainable Development Goals.

 

He said the industry, foreign affairs and justice ministries, as well as other related agencies, would team up with lawyers to defend the NCPO’s order in the international arbitration committee that will resolve the conflict under the two countries’ free-trade agreement.

 

Akara Resources’ mining operation in Thailand was closed on January 1 this year due to an NCPO order which Pasu said had also resolved local residents’ conflicts concerning the mining operation so the order was not intended to damage the private sector’s business as alleged. However, the Thai government still hoped the conflict would be resolved in an amicable way if Kingsgate Consolidated abided by Thai laws on environmental and public health protection.

 

Previously, Kingsgate Consolidated’s operation in Thailand was promoted by Thailand’s Board of Investment with tax and other privileges but its Thai operation was also fined by Thai authorities for violating environmental, factory and other related laws prior to being suspended.

 

Source: http://www.nationmultimedia.com/detail/national/30335121

 

 

-- © Copyright The Nation 2017-12-31

Do they have any research records of studies done on the impact on people's health and the environment after complaints were made before the mine was closed down? There must be a process in the contract with the government concerning the closing down the mine down. I doubt it was section 44.

 

The temerity of quoting UN procedures as well, Good luck with the arbitration.

The poms have longer tentacles.

Simply put, the Akara people didn't pay enough to keep the locals happy

whether their claims have merits or not, doing business in Thailand is not

about being right, it's about being smart....

1 hour ago, rooster59 said:

Govt prepares to defend gold mine

Never mind a legal team, use those Chinese ornamental tanks.

38 minutes ago, Dave67 said:

Do they have any research records of studies done on the impact on people's health and the environment after complaints were made before the mine was closed down? There must be a process in the contract with the government concerning the closing down the mine down. I doubt it was section 44.

 

The temerity of quoting UN procedures as well, Good luck with the arbitration.

I'm sure they'll find some records. ??

23 minutes ago, greenchair said:

I'm sure they'll find some records. ??

All perfectly documented as usual 

Although unlikely to be part of the hearing,  I would like to highlight the  environmental concerns of Thai industry and Thai citizens in general. Checks have been made that would indicate the mine was operating at a level of environmental management not common in the country.

1 hour ago, Dave67 said:

Do they have any research records of studies done on the impact on people's health and the environment after complaints were made before the mine was closed down? There must be a process in the contract with the government concerning the closing down the mine down. I doubt it was section 44.

 

The temerity of quoting UN procedures as well, Good luck with the arbitration.

I understand that there WAS a study (conducted by Mahidol University and headed by an American researcher) which found NO evidence of abnormal environmental pollution or villager health problems directly attributable to the mining operation. From other sources, my understanding is that this was (is) all part of an attempt by powerful local entities to take control of and re-open the mine.

I think I remember reading something about all the environmental regulations being within or above standards of recommend levels, will be interesting for all investment companies thinking of coming to Thailand to keep an eye on.

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Never mind a legal team, use those Chinese ornamental tanks.

Ironically, it is quite likely that the government needs to keep its mitts on assets like the gold mines, as possible collateral for Chinese financing of tanks, submarines, high speed trains and all the other essentials of a 21st Century Junta...

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There was an environmental protest after the mine closed and the Aussie company threatened legal action. 

3 hours ago, rooster59 said:

He said the industry, foreign affairs and justice ministries, as well as other related agencies, would team up with lawyers to defend the NCPO’s order in the international arbitration committee that will resolve the conflict under the two countries’ free-trade agreement.

Stop whining and get ready to pay up. 

Does the Thai-Australia Free Trade Agreement have any value? Most Australian products are just as expensive as before FTA. Seems it's very much one way. 

The big hole will certainly make a nice garbage dump 

Pay up and slap a malfeasance charge on Prayut for the arbitrary decision to use Article 44 to close the mine. Make him pay and seize his assets. My new year wish. 

1 hour ago, RichardColeman said:

The big hole will certainly make a nice garbage dump 

 

Those holes would hold a lot of garbage, but as many suspect and JAG points out,  it is more likely being held  (pun intended) as an ace in the hole by the Thai government for a deal with their Chinese cousins to be played at some future date. As far as the Thais are concerned, the Australians can go waltz with Matilda.

 

 

 

 

that 

 

Pay up and slap a malfeasance charge on Prayut for the arbitrary decision to use Article 44 to close the mine. Make him pay and seize his assets. My new year wish. 

I agree, but never going to happen. Prayut has amnesty for anything he does. Also, even if Thailand loses arbitration, what are the odds of then ever paying a single satang in compensation?

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"A REPORT on the health impacts has confirmed that people living near a gold mine in Phichit province have been exposed to higher than average levels of heavy metals.
 

The study found that many samples of blood and urine showed exposure to dangerous levels of arsenic and manganese, which posed a serious health threat.

However, the study did not conclusively identify a specific link to pollution from the Akara Resources’ Chatree gold mine that has operated in the area. 

 

From https://www.ttc.most.go.th/main/en/2015-07-17-07-03-42/activities-and-events/item/6722-mosteng2560

Edited December 31, 20178 yr by metisdead
Edited as per fair use policy.

12 minutes ago, brucec64 said:

 

I agree, but never going to happen. Prayut has amnesty for anything he does. Also, even if Thailand loses arbitration, what are the odds of then ever paying a single satang in compensation?

Sent from my SM-N950U1 using Thailand Forum - Thaivisa mobile app
 

 

Sad to say that I agree with you. The financial damage to the country from another wasteful coup will just be another chapter in the history of Thailand. Expect another coup in the not so far future. 

Seems like another Carlsberg or Pepsi job to me. 

4 hours ago, greenchair said:

I'm sure they'll find some records. ??

 

4 hours ago, Dave67 said:

All perfectly documented as usual 

with 3 copies each, and witnesses

PM: What's mine's mine and that mine's mine now.

We speak a lot of the financial losses and damage to the potential of foreign investment, and rightly so.

 

However the big picture and the long term prospects mean little here, if the privileged, connected folk make a stash today  that's all that matters.

 

Compensation, good luck with that!

Some of the best advice i was ever given concerning Thailand was from an old bloke in a bar nearly thirty years ago....... " Don't have anything you can't pick up and run away with " .............because in the end you'll have to.........

6 hours ago, the guest said:

Does the Thai-Australia Free Trade Agreement have any value? Most Australian products are just as expensive as before FTA. Seems it's very much one way. 

Among the many matters covered by the TAFTA, 100% of tariffs on Thai and Australian imported products were to be eliminated by 2015 - subjected to the application of Safeguard Measures in Accordance with World Trade Association regulations. 

See page 18

http://www.econ.chula.ac.th/public/publication/journal/2010/15_37 Rachada.pdf

 

Edited December 31, 20178 yr by Srikcir
change link

11 hours ago, rooster59 said:

Akara Resources’ mining operation in Thailand was closed on January 1 this year due to an NCPO order which Pasu said had also resolved local residents’ conflicts concerning the mining operation so the order was not intended to damage the private sector’s business as alleged

“ALSO resolved local resident conflicts”

 

i think they may have used “also” incorrectly (also... in addition too)... actually, their was no need to use the word at all.

 

1/. order issued under dictatorial style apparatus.

2/. local issues resolved (same locals who were illegally mining the gold prior to the government selling the rights to a legal entity)

3/. business legality issues ignored / unresolved.

 

it will be interesting to watch the international arbitration, with Thai lawyers operating in a transparent forum... and I will wager that the Australian company has spent the last year amassing a staggering amount of factual based evidence which will drown the Thais, who will undoubtedly be relying on smoke and mirrors. (As “Thais don’t lie” won’t fly in the international arena.)

9 hours ago, bangkokfrog said:

I understand that there WAS a study (conducted by Mahidol University and headed by an American researcher) which found NO evidence of abnormal environmental pollution or villager health problems directly attributable to the mining operation. From other sources, my understanding is that this was (is) all part of an attempt by powerful local entities to take control of and re-open the mine.

I'd hazard a guess that report was lost in the post

10 hours ago, ezzra said:

Simply put, the Akara people didn't pay enough to keep the locals happy

whether their claims have merits or not, doing business in Thailand is not

about being right, it's about being smart....

I think you may find that serious talk of a takeover was on the agenda.....and not a financial takeover...

Also worth noting.... wether or not Kingsgate benifits from a win ( over what the international arbitration committee will have to see as an illegal law, enacted by a military junta) from Thailand itself.... is that there is $200 million in insurance against government interference (such as this)

 

an arbitration committee win for Kingsgate, regardless of thailand complying with any decision, means that Kingsgate can then make their insurance claim ( so the insurers... always a BIG player, will be watching)

 

if insurers pay out, they will be unwilling to insure other businesses