THE BOURSE WHISPERER: Atlantic Gold (ASX: ATV) has won an appeal case brought by a former landowner against a vesting order issued by the Nova Scotia Minister of Natural Resources in June 2012 dismissed in the Supreme Court of Nova Scotia.
The appeal was in relation to the one remaining 3.5 hectare private property Atlantic required to move ahead with its plans to develop the Touquoy gold project.
The appeal Judge heard submissions from the Appellant, Atlantic Gold and the Attorney General of Nova Scotia as co-Respondents, and the Mining Association of Nova Scotia as Intervener.
Another Intervener, the Nova Scotia Federation of Agriculture, was not represented by legal counsel but filed with the Court a two-page letter outlining its position in favour of the Appellant.
In dismissing the appeal the Judge determined the Minister had fully met his duty to be fair to all interested parties noting the legislative scheme designates the Minister as the final decision maker.
The Judge said it was not for his Court to interfere with that legislative authority without a clearly justifiable reason, adding no such justification existed in the case before him.
“This outcome vindicates the Minister’s careful and considered decision as empowered to his office under the Mineral Resources Act,” Atlantic Gold said in its ASX announcement.
“The dismissal of this appeal brings to a close the program of acquiring all 63 of the required private properties and clears the way to move the project forward.
“In particular, it removes the pre-condition for grant of Industrial Approval and the leasing of the seven requisite parcels of Crown land covering approximately 278 hectares.”