CANADA CARBON APPEALS CPTAQ DECISION ON MILLER GRAPHITE PROJECT
In a ruling handed down on
Moreover, this decision is out of step with the conditional positive preliminary orientation for the
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The soil located at the
Miller Project is shallow and has low potential for crop development. - The Miller property has unfavorable topography as well as strong rock content at surface.
- The potential of silviculture over the Project is categorized as class 2, 3 and 5.
- The closest animal husbandry is located 3km away from the Project.
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While the proposed
Miller Project will cut young maples over an area of 23 hectares, the maple bush management plan developed by the CCB consultants will allow additional maple bush planting, which will increase the maple bush potential and enable faster maple production. The CPTAQ specified that there will be an improvement in the agricultural usage of the land once the proposed recovery plan is completed. - The CPTAQ considers that the maple bush population located outside of the Project boundaries are at a sufficient distance as to not be affected by the exploitation.
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The CPTAQ's preliminary positive orientation limits
Canada Carbon's activities to only the land designated in its application as being needed for planned activities. -
The CPTAQ acknowledged that it has received comments from some stakeholders regarding the potential negative impact of the
Miller Project on water reserves, light and sound pollution, and dust emissions however it notes that those issues will be addressed by other governing bodies in the permitting process.
All of these things were true then and is even truer today given modifications to the Company's second application to the CPTAQ. The CPTAQ decision is not only contradictory to the above orientation, but also internally inconsistent. For example, the Commission considered that the maple bush population located outside the Project boundaries are at a sufficient distance as not to be affected by the operation. However, maple production is one of the reasons cited in the CPTAQ's negative decision on the Miller project. Such inconsistency, which permeates the decision, undermines its validity.
This unfavorable decision by the CPTAQ sets a precedent for the industry that runs completely counter to the federal and provincial government's desire and stated priority to accelerate the development of mining projects. It also is contrary to the goal of nurturing the commercialization of highly sought-after critical and strategic minerals. This is particularly true in the case of the
"I am deeply troubled by the CPTAQ's decision regarding the Miller graphite project. We feel that the CPTAQ erred on several points of law in its decision. We have therefore appealed this decision and are confident that it will be overturned by the Tribunal Administratif du
He adds: "I'm also concerned about the signal this sends regarding the development of future mining projects in
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