Salazar, Adventus may continue El Domo-Curipamba work
2023-11-18 03:12 ET - News Release
Also News Release (C-ADZN) Adventus Mining Corp
Mr. Christian Kargl-Simard of Adventus reports
CONSTITUTIONAL COURT OF ECUADOR ISSUES RULING ON CONSTITUTIONALITY OF ENVIRONMENTAL CONSULTATION DECREE: LEAVING THE DECREE AND CONSULTATION PROCESS IN EFFECT PENDING LAW FROM NATIONAL ASSEMBLY
The Constitutional Court of Ecuador has issued a ruling with regard to the constitutionality of Presidential Decree 754. The decree, signed in May, 2023, modified the Environmental Regulation of the Environmental Organic Code to include detailed steps for carrying out the environmental consultation in accordance with international human rights instruments and guaranteed by Article 398 of the Ecuadorean Constitution.
The consultation is a prerequisite for the issuance of environmental licences for all projects across all sectors in Ecuador (not limited to the metal and mining sector) classified as medium and high impact, but also those classified as low impact for the extractive industries. The consultation seeks to ensure people in the impact areas are duly informed and consulted with regard to impacts, mitigations and environmental management plans of the proposed projects.
The decree was challenged by an Act of Unconstitutionality filed with the court in June, 2023, and accepted by the court in August, 2023, along with a precautionary measure that ordered the provisional suspension until the court could resolve the case (see news release dated Aug. 2, 2023). In September, 2023, the court prioritized the case (see news release dated Sept. 11, 2023), and the hearing was held on Sept. 18, 2023. On Nov. 17, 2023, the court issued its ruling that declared Decree 754 to be unconstitutional in form, and indicated that the consultation process must be regulated through an organic law which can only be issued by the National Assembly of Ecuador and not by presidential decree. Notwithstanding, the ruling defers the effects of the unconstitutionality decision until the assembly passes an organic law to regulate the consultation process. The ruling also expressly revokes the temporary suspension of the decree and indicates that the decree will remain in effect until the assembly passes a new law regulating the consultation.
This decision by the court allows over 170 projects to resume their respective consultation processes by proceeding under the terms of the decree. These important projects span across all industries and sectors in Ecuador, which include but are not limited to hospitals, water treatment plants, roads, clean energy projects and three mining-related projects, including the El Domo-Curipamba project. Therefore, Adventus Mining Corp. and Salazar Resources Ltd. are pleased to continue the advancement of the El Domo-Curipamba project in line with recent guidance.
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