VANCOUVER, May 13, 2014 /CNW/ - Bear Creek Mining (TSX Venture: BCM)
("Bear Creek" or the "Company") is pleased to announce that the Lima
First Constitutional Court rendered its ruling regarding the action
brought by the Company against the Peruvian government on July 13,
2011, challenging the constitutionality of the Supreme Decree N°
032-2011-EM, which rescinded the Company's rights to operate on its
Santa Ana mineral concessions. The decision states unequivocally and
unconditionally that:
-
Bear Creek's constitutional rights were violated;
-
The Company's rights are unconditionally returned as stipulated under
Supreme Decree N° 083-2007-EM, which originally granted the right to
Bear Creek, as a foreign company, to operate the Santa Ana concessions,
located within the 50 kilometer border zone of Peru;
-
Bear Creek is recognized as title holder of the Santa Ana's mining
concessions and therefore, is enabled to perform all the rights arising
from said titles; and
-
The Court reaffirms that the Santa Ana project is in National interest.
The Company is very pleased that the decision acknowledges its rights
and firmly believes that the court's ruling is consistent with the
facts of the case and the law. This represents a milestone in
reinstating the Company's rights towards operating the Santa Ana
Project and further strengthens the Company's standing in other legal
matters and negotiations that the Company has been pursuing in an
effort to amicably resolve the dispute. In the event the government
appeals the decision, the parties have until August 7, 2014 to reach a
negotiated resolution of the dispute when the required six-month period
for negotiation of an amicable resolution under the Peru-Canada Free
Trade Agreement ("FTA") ends, following which the Company intends to
initiate formal arbitration proceedings under the FTA (see news release
dated February 7, 2014). The Company continues to negotiate with the
Peruvian government in order to reach a mutually acceptable resolution
to the Santa Ana dispute to the benefit of all stakeholders.
Management continues to be optimistic that a resolution is achievable
which benefits our local communities, our shareholders, and the local
and central Peruvian government.
While the court's decision is considered final and is posted on the
Peruvian Judiciary website (www.pj.gob.pe), formal notification of the parties can take up to two weeks under the
Peruvian service of process procedures. The ruling is subject to
appeal upon formal notification.
The Santa Ana Project is located in the Puno Region of Peru and contains
Proven and Probable Mineral Reserves totaling 63.2 million ounces of
silver. The 2010 Feasibility Study identifies life of mine at 11 years
which could easily be expandable to 18 years, producing 75 million
ounces of silver. This conventional heap leach project has low capital
costs of US$70 million with a cash cost per ounce of US$8.72 with a
payback period of 15 months at US$21 per ounce silver.
Bear Creek acquired the mining concessions in full compliance with
Peruvian law, as is confirmed by Supreme Decree 083-2007-EM, enacted by
the President of Peru and the Council of Ministers on November 29,
2007. Bear Creek initiated exploration work in early 2008, and
undertook a comprehensive Environmental and Social Impact Assessment
("ESIA") shortly thereafter. The ESIA, which the Peruvian government
suspended on June 1, 2011, remains on standby. The Company has stated
its willingness to complete the ESIA process, including demonstration
of social license, and carry out the other steps required to reach
commercial production as quickly as possible. The Santa Ana Project,
which is widely supported by the local communities surrounding the
proposed mine site, will create 2,500 direct and indirect jobs in the
southern Puno Region, and bring important infrastructure improvements
to the area. The Santa Ana Project is also expected to provide US$330
million in federal taxes, much of which benefit local communities.
CONFERENCE CALL DETAILS
The Company has scheduled a conference call for 6 am PST on Wednesday,
May 14. Andy Swarthout, CEO and President will be available to answer
questions during the call.
To participate in the call, please dial 416-764-8688 or 788-383-7414
(local and international) or toll free 1-888-390-0546.
An archived recording of the conference call will be available at
416-764-8677 with the replay PIN#: 85301 from May 14 to May 20. An
archived recording of the conference call will also be available at
Bear Creek Mining's website.
Neither the 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.
For further information, please visit the Company's website (www.bearcreekmining.com)
Cautionary Note regarding Forward-Looking Statements:
This document contains "forward-looking information" within the meaning
of Canadian securities legislation and "forward-looking statements"
within the meaning of the United States Private Securities Litigation
Reform Act of 1995. This information and these statements, referred to
herein as "forward-looking statements" are made as of the date of this
news release or as of the date of the effective date of information
described in this news release, as applicable. Forward-looking
statements relate to future events or future performance and reflect
current estimates, predictions, expectations or beliefs regarding
future events and include, without limitation, statements with respect
to (i) the Company's plans to continue discussions with the Peruvian
government and local communities for a settlement of the dispute in
relation to the Santa Ana Project, (ii) the Company's plans to pursue
any claims with regard to its projects in Peru, including, without
limitation, any claims before an international tribunal, (iii) the
Company's intentions to complete any environmental and social impact
assessment, and (iv) the planned development of the Corani and Santa
Ana projects, including the timing thereof. Any statements that
express or involve discussions with respect to predictions,
expectations, beliefs, plans, projections, objectives, assumptions or
future events or performance (often, but not always, using words or
phrases such as "expects", "anticipates", "plans", "projects",
"estimates", "envisages", "assumes", "intends", "strategy", "goals",
"objectives" or variations thereof or stating that certain actions,
events or results "may", "could", "would", "might" or "will" be taken,
occur or be achieved, or the negative of any of these terms and similar
expressions) are not statements of historical fact and may be
forward-looking statements.
By their very nature, forward-looking statements involve inherent risks
and uncertainties, both general and specific, and risks exist that
estimates, forecasts, projections and other forward-looking statements
will not be achieved or that assumptions do not reflect future
experience. We caution readers not to place undue reliance on these
forward-looking statements as a number of important factors could cause
the actual outcomes to differ materially from the beliefs, plans,
objectives, expectations, anticipations, estimates assumptions and
intentions expressed in such forward-looking statements. These risk
factors may be generally stated as the risk that the assumptions and
estimates expressed above do not occur, but specifically include,
without limitation, risks relating to variations in the mineral content
within the material identified as mineral reserves and mineral
resources from that predicted; variations in rates of recovery and
extraction; developments in world metals and minerals markets; risks
relating to fluctuations in the Canadian dollar relative to other
currencies; increases in the estimated capital and operating costs or
unanticipated costs; difficulties attracting the necessary work force;
increases in financing costs or adverse changes to global market
conditions and the terms of available financing, if any; tax rates or
royalties being greater than assumed; changes in development or mining
plans due to changes in logistical, technical or other factors, changes
in project parameters as plans continue to be refined; risks relating
timing and to receipt of regulatory approvals; adverse changes to
government approval processes; the effects of competition in the
markets in which the Company operates; operational and infrastructure
risks; and the additional risks described in the Company's Annual
Information Form, annual financial statements and management's
discussion and analysis for the year ended December 31, 2012 and in the
feasibility study entitled "Corani Project, Form 43-101F1 Technical
Report, Feasibility Study" filed by the Company on December 22, 2011
filed on the SEDAR website in Canada (available at www.sedar.com). The foregoing list of factors that may affect future results is not
exhaustive.
When relying on our forward-looking statements, investors and others
should carefully consider the foregoing factors and other uncertainties
and potential events. The Company does not undertake to update any
forward-looking statement, whether written or oral, that may be made
from time to time by the Company or on behalf of the Company, except as
required by law.
All scientific and technical information contained in this news release
has been reviewed and approved by Andrew Swarthout, P.Geo., the
President and Chief Executive Officer of the Company, who serves as the
"qualified person" within the meaning of National Instrument 43-101
("NI 43-101"). The block model estimate, mine design and schedules for
the Santa Ana Feasibility Study were prepared by Independent Mining
Consultants of Tucson Arizona, with John Marek, P.E. acting as the
independent qualified person under NI 43-101. Additionally, the
methods used in determining and reporting the mineral reserves and
resources in the Feasibility Study are consistent with the CIM Best
Practices Guidelines.
Following is a table setting forth mineral reserve estimates from the
Santa Ana Feasibility Study announced on October 7, 2010:
Bear Creek Mining, Santa Ana Project Silver Zone
Mineral Reserves
October 7, 2010 Mineral Reserves, Cutoff Grade, Variable 27 to 24 g/t
Silver by Year
|
Category
|
Ktonnes
|
Silver
g/t
|
Lead
%
|
Zinc
%
|
Contained
Silver
Million Ozs
|
Proven
|
8,951
|
57.6
|
0.37
|
0.66
|
16.6
|
Prob
|
28,126
|
51.5
|
0.33
|
0.55
|
46.6
|
Prov+Prob
|
37,077
|
53.0
|
0.34
|
0.58
|
63.2
|
Please refer to the Company's news release dated October 7, 2010 for
further details of the Santa Ana Feasibility Study, as well as the
feasibility study itself filed on SEDAR (www.sedar.com) on October 21, 2010.
SOURCE Bear Creek Mining Corporation