This was said by both parties after a court hearing last week.

 

However, both parties say discussions are still under way to come up with a complete resolution.

 

Barrick lawyer Derek Wood, of Ashurst Lawyers, said the miner could not continue to maintain certain community projects because of a lack of revenue due to closure of the mine, The National newspaper reported.

 

National Court judge Ambeng Kandakasi in a previous hearing directed both parties to resolve issues arising from the transition period to ensure that the mine area was safe and in a stable condition.

 

Justice Kandakasi said environmental conditions and safety of the mine site were priorities.

 

At the hearing, Wood told the court that the reasons for the refusal of SML extension were never disclosed to the miner and argued that the application for an extension was lodged two years earlier, before the expiry date last August.

 

Barrick said the state failed to process the application for an extension in a timely manner, and  that the decision by the NEC, refusing the renewal of the SML, was sudden.

 

State solicitor-general Tauvasa Tanuvasa told the court that Barrick was in possession of privileged documents which it tried to use against the state as evidence.

 

The court was told that the privileged documents were leaked by government agencies which were contained in filed affidavits of Barrick executive director Dr Ila Temu. The court then struck out the privileged documents since it found that the documents came through an indirect source, The National reported.

 

The matter has been adjourned to later date for ruling on the application for leave to appeal.