Newmont Mining Corporation (ticker: NEM, exchange: New York Stock Exchange (.N))
News Release -
10-Apr-2000
Newmont Forced to Shut Down Its Minahasa Mine By April 16
DENVER, April 10 /PRNewswire/ -- Newmont Mining Corporation's (NYSE: NEM)
80-percent owned Newmont Minahasa mine in Ratatotok, North Sulawesi, Indonesia
has been forced to shut down by April 16 following the issuance of an
enforcement order for the closure of the mine by the District Court of
Tondano.
"These are truly difficult times not only for investors, but also for the
people of Indonesia who depend on us for their livelihoods," said Richard
Ness, President-Director of PT NMR. "We regret the decision by the Tondano
District Court and are quite frankly outraged at the blatant disregard for the
due process of law that the court displayed here today. However, we have no
choice but to obey the order and comply."
Ness was referring to yet another in a series of highly irregular
decisions taken by the Chief Judge, Susmono, in the hearing. After the
witness for the plaintiff testified, Judge Susmono refused to allow Newmont's
witnesses to testify, first citing the late start of the proceedings, then, to
the disbelief of the Newmont lawyers, disallowing the witnesses to testify at
all because they were "technical" experts.
The closure order relates to a disputed claim by the Minahasa Regency,
North Sulawesi that Newmont Minahasa Raya owes taxes on overburden, the waste
rock and soil removed in order to access the gold-bearing ore. Newmont's
Contract of Work with the government of Indonesia excludes taxes on
overburden, a position supported by the Indonesian Department of Mines and
Energy (DOME).
On January 22 the Tondano District Court granted the regional government's
request for a provisional judgment to shut down the mine. On March 6, the
Manado High Court affirmed the decision, permitting the shutdown order that
the Tondano court issued today.
Ness further explained that the company recognizes that this is an
isolated issue relating to the emotionally-charged politics of the regional
government. It does not reflect the investment policies of the Government of
Indonesia, particularly the Department of Mines and Energy, which under
special ministerial decree, established a joint study team in an attempt to
resolve the regional dispute. "The national government has been very
supportive. Even the national and regional House of Representatives (DPR)
have voiced their support," stated Ness.
Ness went on to state that the company would prepare a detailed closure
plan for the mine and present it to the Government of Indonesia by Thursday,
April 13, 2000. "Closing a mine down is a very delicate process. We've got
some very hard work to do to ensure that the irrational actions of the Bupati
and the Courts in forcing us to close on eight days notice proceeds smoothly,"
said Ness.
SOURCE Newmont Mining Corporation
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