Plateau Energy Metals Inc. (“
Plateau” or the
“
Company”) (TSX-V: PLU | OTCQB: PLUUF) reports
that its subsidiary, Macusani Yellowcake S.A.C. (“Macusani”), has
received resolutions from the Ministry of Energy and Mines
(“MINEM”) in Peru regarding seven (7) of the 32 concessions
currently under administrative procedure. Receipt of the
resolutions is the culmination of a nearly 12-month process to
correct an administrative error made as a result of a government
process relating to the timing of validity payments for 32 of its
149 mineral concessions in southern Peru. However, in terms of the
resolutions received to date, the Mining Council within MINEM has
denied the Company’s appeal to suspend the Institute of Geology,
Mining and Metallurgy’s (“INGEMMET”) resolution recommending the
cancellation of the validity of these seven (7) concessions by
reason of ‘late receipt of annual concession payments’.
“We are extremely disappointed by the resolution
of the Mining Council in this administrative process when the
chronology of events and the facts clearly demonstrate the Company
conducted itself professionally, acted in good faith and did
everything in its power to react to a situation it didn’t control.
We understand shareholder frustration at the long process to get to
this outcome and have shared the facts below so that everyone may
understand the background to this process,” stated Alex Holmes, CEO
of Plateau. “The Company will consider and pursue all remedies at
its disposal to protect the assets of its stakeholders, which
includes the people of Peru and our surrounding host communities.
We have the utmost confidence in our team and remain confident the
rights of all, including foreign companies investing in Peru, will
ultimately be upheld.”
Key Takeaways:
- Macusani has not lost any of its concessions, the process to
rectify this situation was of an administrative nature, and the
resolutions issued are not issued via a court of law.
- Pursuant to regulations in Peru, Macusani has 3 months to
appeal against the Mining Council decision, during which time, and
pending resolution, all concessions remain with Macusani.
- The Company was not able to pay assessed penalties under appeal
process with MINEM, in addition to the validity fees, prior to the
execution of the MINEM Non-penalty Resolution reversing the
incorrectly assessed penalties (refer to chronology of events
below).
- The Principle of Informalism in Peru, which requires the state
to support companies in situations such as these, was not
upheld.
- Validity payments for 2018 on all 149 concessions were paid in
April and May 2019, prior to the validity payment due date in 2019.
The Company has a receipt and acknowledgement from INGEMMET for the
32 concessions in the administrative process (refer to Background
below).
The Company does not know when the remaining 25
concession resolutions will be issued to Macusani or their outcome,
however we will act swiftly and accordingly once the resolutions
have been issued to protect any of the affected concessions. A
detailed background and chronology of events is included further in
this news release.
The resolutions for the concessions received to
date are concerning:
- Lincoln XXIX
- Lincoln XXVI
- Lincoln XXXII
- Huarituna I
- Huarituna II
- Tantamaco 6
- Tantamaco 7
A photo accompanying this announcement is available at
https://www.globenewswire.com/NewsRoom/AttachmentNg/3b9e3d0e-a14d-4382-b741-447e783bf66a
These seven (7) concessions represent
approximately 3,900ha, or less than 4%, of the Company’s total
93,000ha concession package and approximately 10% of the Company’s
2015 uranium mineral resource estimates on an indicated and
inferred (“I&I”) basis (refer to table 1). Of the seven (7)
concessions, only Lincoln XXVI, represents approximately 13% of
resource estimates (refer to table 1) that form part of the January
25, 2016, preliminary economic assessment (“PEA") for the Macusani
Uranium Project filed under the Company’s profile on SEDAR
(www.sedar.com). The Company wishes to remind investors that a
considerable amount of its resource base of uranium and lithium
will not be impacted should the remaining 25 concessions in the
administrative process result in the same outcome. The recent
lithium surface discoveries at Tres Hermanas and Quelcaya are not
located on any of the 32 concessions in the administrative
process.
Table 1: Potentially Impacted
Resources
75 ppm U cut-off |
Tonnes (Mt) |
Grade (ppm U3O8) |
Total Resources (Mlbs U3O8) |
Indicated |
|
|
|
Lincoln XXVI1 |
4.6 |
350 |
3.5 |
Lincoln XXIX2 |
3.4 |
166 |
1.2 |
Total Indicated |
8.0 |
272 |
4.8 |
|
|
|
|
Inferred |
|
|
|
Lincoln XXVI1 |
8.5 |
316 |
5.9 |
Lincoln XXIX2 |
6.1 |
131 |
1.8 |
Total Inferred |
14.7 |
239 |
7.7 |
- Refer to the "Macusani Project, Macusani, Peru, NI 43-101
Report – Preliminary Economic Assessment” prepared by Mr. Michael
Shor and Mr. Thomas Apelt, of GBM Minerals Engineering Consultants
Limited; Mr. David Young, of The Mineral Corporation; and Mr. Mark
Mounde, of Wardell Armstrong International Limited dated January
12, 2016, available under Plateau’s profile on SEDAR
(www.sedar.com).
- Not incorporated into the January 12, 2016 NI 43-101 PEA for
Macusani referenced in note 1. Refer to report filed on SEDAR on
June 22, 2015 entitled “Consolidated Mineral Resource estimates for
the Kihitian, Isivilla and Corani Uranium Complexes controlled by
Plateau Uranium Inc., in the Puno District of Peru”, prepared by
Mr. David Young, of The Mineral Corporation, an Independent
Qualified Person as defined by NI 43-101. Mineral resources that
are not mineral reserves do not have demonstrated economic
viability.
PEA UpdateThe Company will
continue working towards completing the Falchani Lithium Project
(“Falchani”) PEA, a significant milestone that will see Falchani go
from discovery to PEA in less than two years owing to the hard work
and talented team in Peru alongside the strong support of the
communities we work with. The PEA will however be delayed pending
the outcome of the administrative process as it relates to the
remaining 25 concessions.
BackgroundAn administrative
process was initiated as a result of resolutions issued by
INGEMMET, firstly in October 2018 and more recently in February
2019 claiming that concession validity payments for 2017 and 2018
were late. The Company made concession validity payments for 2017
as soon as was practicable, shortly after it received a resolution
from MINEM at 16:03 (all times Peru) on July 2, 2018, which
confirmed the 32 concessions covering approximately 23,100ha should
not in fact have a penalty (refer to below). Validity
payments for 2018 were made for all 149 concessions during April
and May 2019, and were receipted by INGEMMET, including the 32
concessions involved in the administrative process (see here).
These 32 concessions are not currently recorded in INGEMMET’S
online database as being received as a result of the administrative
process, however payments have been made and acknowledged (refer to
below).
The following detailed chronology of events
illustrates that the Company was held back by a slow process by
MINEM acknowledging no penalties were due which is the cause of the
payment timing. The Company has included supporting documentation
for stakeholders’ information:
2017: MINEM hired International
auditors to conduct an audit of mineral concession expenditures
across the entire country, looking back to the early 2000’s.
December 2017: Audit determines
that work commitments as of 2016 may not have met the minimum
required. Penalty amount is not determined at this point in
time.
February 2018: The cadastre of
the Peruvian mining concessions (El Padron Minero) is finally
released with delays, probably as a result of the audit, and it
included penalties totalling US$2.7 million for concessions
controlled by Macusani. The audit identified that there had been an
underspend on work commitments on a number of concessions dating as
far back as to the period prior to Macusani’s ownership of the
concessions. The majority of the alleged underspend of work
commitments arose under the control of the predecessors, but stay
with the concession, and thus fall to the current holder, Macusani,
to bear the cost to keep in good standing.
February-March 2018: Macusani
identifies errors with the penalty calculations and communicates
this to MINEM.
April-May 2018: MINEM review is
completed which results in a finding of penalty amounts totalling
approximately US$0.8 million. Macusani continued appealing the fact
that the quantum of penalties was incorrectly calculated on all
concessions, in particular for 32 concessions, where the Company
had overspent.
June 25, 2018: An agreement in
principle is finally reached with MINEM on 117 of 149 claims as to
penalty amount and 32 claims are deemed non-penalty. The penalties
were reduced in phases to approximately US$0.52 million. The
banking system of INGEMMET will not allow the payment of only the
good standing fees at this point, without a) also paying the
penalties first or b) presenting a resolution cancelling the
penalties.
June 28, 2018: Macusani pays
the reduced penalty of US$0.52 million plus validity fees for all
but 32 concessions deemed non-penalty as agreed (recorded as
received July 2, 2018). Macusani’s appeal to MINEM for “zero”
penalty on the 32 concessions was successful after MINEM reviewed
supporting expenditure records demonstrating that Macusani had in
fact exceeded the required work commitments. MINEM agreed that
Macusani had in fact overspent and consents to issue a non-penalty
resolution (the “Non-penalty Resolution”) for the 32 concessions in
question. While awaiting the execution of the Non-penalty
Resolution, which formalizes for INGEMMET’s records that there are
no penalties on the 32 concessions, the Company was not able to pay
only the validity fees.
The recommendation of non-penalty status for the
32 concessions is made at MINEM internally (see recommendation
dated June 28, 2018 as appendix to July 2, 2018 signed resolution
below). The resolution was required from MINEM and electronic
concession records updated to reflect the “zero” penalty status.
The signed Non-penalty Resolution stating a “non-penalty clause”
for the 32 concessions in questions was signed on July 2, 2018 and
received by Macusani at 16:03 (see below).
July 2, 2018:
- 15:53: Macusani starts making cash payments at
the National Bank of Peru, anticipating imminent receipt of the
signed Non-penalty Resolution. The bank notifies the Macusani
employee that the electronic records for the 32 concessions still
show a penalty is outstanding and payments can only be received
along with the full penalty in cash (too late for a wire transfer).
The bank recommends in situations such as these to pay under a
generic “Unique Code” 999 and to later inform INGEMMET which
concessions these apply to. The bank takes all payments and issues
receipts in 22 cash transactions representing the 32 concessions.
The receipts can be viewed here and run from 15:53 to 16:48.
- 16:03: MINEM Non-penalty Resolution with
regards to the 32 concessions being deemed non-penalty is received
by Macusani. Macusani sends an employee to INGEMMET offices to
commence the process to have the payments accredited to the
concessions (the “Accreditation Application”). The MINEM
Non-penalty Resolution with courier confirmation can be seen
here.
- 16:25: Attendance ticket is issued to
Macusani’s representative by INGEMMET.
- 16:30: INGEMMET date stamps MINEM Non-penalty
Resolution for 32 concessions as received (refer to Macusani cover
letter dated June 28, 2018, written when in anticipation of the
MINEM resolution). The electronic records were not updated to
reflect non-penalties at this point in time given the timing of the
Non-penalty Resolution. A record of the received letter from
Macusani along with the MINEM Non-penalty Resolution can be seen
here.
- 16:35: Macusani submits Accreditation
Application without payment vouchers as 22 cash transactions are
being made at the National Bank of Peru. Macusani requests INGEMMET
to allow attachment of the 22 receipts of payment to the
Accreditation Application submitted at 16:35.
- 17:16: INGEMMET official agrees to receive
only 14 of the 22 receipts, claiming 8 receipts were time stamped
after 16:19, and should not be accepted after arbitrarily assigning
11 minutes as the amount of time it takes to walk from the bank,
thus 11 minutes prior to closing time of INGEMMET at 16:30.
INGEMMET reprinted the confirmation of receipt for the
Accreditation Application, specifying that Macusani had attached 14
payment vouchers. Of note, two people from other organizations were
attended by INGEMMET with Accreditation Applications and payments
received and accepted after 16:30 on July 2nd, 2018.
Post-July 2, 2018:
- Owing to the fact that only 14 of the 22 vouchers were attached
to the Accreditation Application, Macusani appealed to INGEMMET on
several occasions, starting on July 2, 2018, for this
administrative error to be corrected. In October 2018, INGEMMET
declared the Accreditation Application invalid because the receipts
were not attached prior to 16:30, leading to the ensuing
administrative process.
- 2017 validity fees were paid in accordance with the above
chronology, timing restricted by the administrative process of
Non-penalty Resolution. Validity payments for 2018 on all 149
concessions were paid in April and May 2019, prior to the final
validity payment date in 2019. The receipt
and acknowledgement by INGEMMET of the particular 32 concessions in
administrative process is here.
- June 20 and June 26, 2019: Mining Council held two hearings for
Macusani’s appeal of INGEMMET’s resolutions. Both Macusani
and INGEMMET were invited to participate, but INGEMMET did not show
to present its position.
Based on the timeline of events leading up to
July 2, 2018, and guidance provided by external parties in-country,
the Company had no reason to believe that when the facts were
presented to the Mining Council during the subsequent
administrative process, it would result in anything other than
re-affirmation the concession payments were valid, not late, and an
administrative error was the cause. The treasury of INGEMMET
accepted the payments and received the funds for the validity fees
and applicable penalties in the last day admissible on July 2,
2018. Peru’s “General Mining Law” does not stipulate a time/hourly
limit for the payment of validity fees only the last day during
which the payment must be provided to INGEMMET. The payment of the
validity fees was made on July 2, 2018, in accordance with “General
Mining Law”.
The fact that INGEMMET changed their opinion
subsequently is simply a damaging decision with potentially serious
implications towards the stability of future mining should any
concessions be cancelled.
Due to the timing of the receipt of the
resolutions and a national holiday taking place in Peru from July
27 to July 30, 2019, investigations were hindered gathering all the
information necessary to provide a detailed and thorough response
to our stakeholders.
The Company will provide further information and
updates as and when it becomes available. Readers are
encouraged to visit the updated ‘FAQ’ page on the Company website
at https://plateauenergymetals.com/faq/ and invites the submission
of additional questions regarding this or any other subject,
directly through the website or by email at
IR@plateauenergymetals.com.
Qualified PersonsMr. Ted
O’Connor, P.Geo., a Director of Plateau, and a Qualified Person as
defined by NI 43-101, hasreviewed and approved the scientific and
technical information contained in this news release.
About Plateau Energy
MetalsPlateau Energy Metals Inc., a Canadian exploration
and development company, is enabling the new energy paradigm
through exploring and developing its Falchani lithium project and
Macusani uranium project in southeastern Peru. The Company, with
mineral concessions covering over 93,000 hectares (930 km2),
controls all reported uranium mineral resources known in Peru and
has significant and growing lithium mineral resources, all of which
are situated near infrastructure.
For further information, please
contact: |
Plateau Energy Metals Inc. |
Alex Holmes,
CEO & Director |
Facebook: www.facebook.com/pluenergy |
+1-416-628-9600 |
Twitter: www.twitter.com/pluenergy/ |
IR@PlateauEnergyMetals.com |
Website: www.PlateauEnergyMetals.com |
Neither TSX Venture Exchange nor its Regulation
Services Provider (as that term is defined in the policies of the
TSX Venture Exchange) accepts responsibility for the adequacy or
accuracy of this release.
Forward Looking StatementsThis
news release contains certain forward-looking information and
forward-looking statements (collectively “forward-looking
statements”) within the meaning of applicable securities
legislation. All statements, other than statements of historical
fact, are forward-looking statements. Forward-looking
statements in this news release include, but are not limited to,
statements with respect to: (i) the potential outcome of an appeal
against the mining council resolutions; (ii) the expected timing of
the Falchani PEA; (iii) the outcome of any and all future remedies
pursued by Plateau and its subsidiary Macusani to resolve the
concession payments and (ix) the ongoing ability to work
cooperatively with stakeholders, including but not limited to local
communities and all levels of government.
Forward-looking statements are frequently
identified by such words as "may", "will", "plan", "expect",
"anticipate", "estimate", "intend", “indicate”, “scheduled”,
“target”, “goal”, “potential”, “subject”, “efforts”, “option” and
similar words, or the negative connotations thereof, referring to
future events and results. Forward-looking statements are based on
the current opinions and expectations of management. Although the
Company believes that the current opinions and expectations
reflected in such forward-looking statements are reasonable based
on information available at the time, undue reliance should not be
placed on forward-looking statements since the Company can provide
no assurance that such opinions and expectations will prove to be
correct. All forward-looking statements are inherently uncertain
and subject to a variety of assumptions, risks and uncertainties,
including risks and uncertainties relating to the interpretation of
drill results, the geology, grade and continuity of mineral
deposits; the possibility that any future exploration, development
or mining results will not be consistent with our expectations;
mining and development risks, including risks related to accidents,
equipment breakdowns, labour disputes (including work stoppages and
strikes) or other unanticipated difficulties with or interruptions
in exploration and development; the potential for delays in
exploration or development activities; risks related to commodity
price and foreign exchange rate fluctuations; risks related to
foreign operations; the cyclical nature of the industry in which we
operate; risks related to failure to obtain adequate financing on a
timely basis and on acceptable terms or delays in obtaining
governmental approvals; risks related to environmental regulation
and liability; political and regulatory risks associated with
mining and exploration; risks related to the certainty of title to
our properties; risks related to the uncertain global economic
environment; and other risks and uncertainties related to our
prospects, properties and business strategy, as described in more
detail in Plateau’s recent securities filings available at
www.sedar.com. Actual events or results may differ materially from
those projected in the forward-looking statements and Plateau
cautions against placing undue reliance thereon. Except as required
by applicable securities legislation, neither Plateau nor its
management assume any obligation to revise or update these
forward-looking statements.
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