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Prairie to appeal Poland's move to deny coal concession amendment for Debiensko

Prairie Mining Ltd. said May 28 that it will appeal the Polish Ministry of Environment's decision to deny an amendment for the 50-year mining concession for the Debiensko coking coal project.

In April, a Polish court ruled in favor of the company by granting an injunction preventing the Polish environment ministry from transferring rights over another Prairie coal project to other parties until court proceedings are settled.

The London- and ASX-listed coal miner said it asked to extend the production start date stipulated under the 2008 mining concession for Debiensko from 2018 to 2025, which will not infringe on the validity and expiry date of the mining concession, scheduled to expire June 2058.

However, the concession authority has the right to ask the concession holder to remove any infringements related to nonconformance with the conditions of a mining concession and determine a reasonable date for removing the infringements.

Prairie Mining's appeal will be based on the grounds that the environment ministry's denial is fundamentally flawed for reasons including the failure to consider requirements of the law and public interest in Poland as well as the relevant facts of the company and its amendment application.

The miner also said the 17-month turnaround time for the decision to deny the concession amendment was longer than the two months allowed under Polish administrative law.

In light of the circumstances, Prairie Mining is considering any other actions to ensure the preservation of its concession rights, which may result in further action against the Ministry of Environment, including invoking any relevant bilateral or multilateral investment treaties.

Meanwhile, the company is advancing discussions with Jastrzebska Spólka Weglowa SA over potential transaction options for its tier-one coking coal projects in Poland.