At 9:00 on July 11th, a series of civil compensation cases triggered by the “9•21†dam-break in Xinyi was first heard in the Xinyi People’s Court.
On September 21, 2010, under the influence of Typhoon Fanbia, Zijin Mining (601899.SH) Gaoyanling tailings dam at the Yinyan tin mine was flooded with dams, resulting in 22 deaths in Qian Paihe River Basin, including 5 people. She died directly from the tailings dam and another 17 died as a result of the dam of the Shihuadi hydropower dam downstream of the tailings dam.
The court case was five disputes over the right to life. The family of the five deceased in Daban Village, Qianpai Town, Xinyi City, as the plaintiff, filed a total of nearly 3 million yuan in compensation including death compensation, funeral expenses and spiritual soothing payments.
In fact, regarding the follow-up compensation for the “9•21†dam break, the number of relevant cases currently accepted by the Xinyi Court has reached 2,499, and the amount of the subject matter requested has totaled more than 340 million yuan. In most cases, the object of the claim is to Zijin Mining and Its subsidiary company.
The focus is on clarifying the responsibilities. Seven companies were sent to the docks at this time. They are Zijin Mining Group and its wholly-owned subsidiaries Xinyi Baoyuan Mining Co., Ltd., Xinyi Zijin Mining Co., Ltd., and China Reliance Engineering Technology Co., Ltd. Company, Changchun Gold Design Institute Project Construction Supervision Department, Beijing Guoxin Anke Technology Co., Ltd. and Fujian Jinma Construction Engineering Co., Ltd.
“The first court hearing will directly affect the following litigation. If Zijin Mining fully loses the case, it may further trigger some affected units and individuals to join the lawsuit. The result will be very troublesome.†A lawyer concerned with the case told reporters , "So now Zijin Mining's two main appeals are to clarify the relationship between Xinyi Zijin and Zijin Mining Group, in order to make the responsibilities remain in Xinyi Zijin; second is to clarify the responsibility for damming the tailings dam and the Shihuadi Hydropower Station. Separated."
In fact, the controversy over the five right-to-right disputes in Daban Village was not very serious. The number of deaths resulting from the “9•21†dam-bursting incident was 22, of which 5 were located in Daban Village, a tributary of the Qianpai River under the tailings pond, and 5 km downstream of the tailings dam, at the Shihuadi Hydropower Station. The number of deaths in the next Dahe Village was 17 people. The case of these 17 individuals is the major controversy."
In December 2010, when the families of 22 deceased persons filed a personal injury claim, Zijin Mining announced that it had requested the court to further investigate and verify the cause of the casualties caused by the dam break in order to clarify the responsibility.
On July 5 of this year, Qian Pai Qing Qing came from a water plant and 310 villagers filed claims against the seven defendants including Zijin Mining for dam damage. Zijin Mining also announced that it will apply to the court to entrust professional qualification agencies to assess the dam quality of the Shihuadi Hydropower Station reservoir and the cause of the dam breach, so as to identify the causes of the downstream property damage and clarify the responsibilities.
“We are not unwilling to take responsibility. In fact, after the accident, we have been actively negotiating compensation and donated 50 million yuan to the Xinyi Civil Affairs Bureau for the production of self-rescue and post-disaster reconstruction. But the key now is the unclear distribution of responsibilities. An insider of Zijin Mining Group told reporters: “There is a Shihuadi hydropower station dam between the Duhehe Village and Gaoqiling tailings dams. After the Gaoqiling tailings dam, the dam of the hydropower station also Following the collapse of the dam and directly leading to 17 deaths, we believe that we should not assume full responsibility."
"Our main point of view is simply that we want to distinguish between responsibilities and shared responsibilities, rather than placing all responsibilities on Zijin Mining."
According to the reporter’s understanding, Xinyi Zijin has already requested the court to conduct a comprehensive investigation of the construction, design, construction, acceptance and operation of the Shihuadi Hydropower Station, and commissioned qualified professional organizations to carry out quality assessment and dam breakage for the Shihuadi hydropower station residual dam. Reasons for deduction analysis to clarify and pursue the corresponding responsibility of Shihuadi Hydropower Station construction and operation enterprises.
According to the announcement of Zijin Mining, the court has now agreed to apply for Xinyi Zijin and Baoyuan Mining, with 13 partners including additional hydropower stations as defendants.
The trial results of Zijin Mining or withdrawing from the Xinyi Dam Break will also directly affect the fate of the largest tin mine in Guangdong Province.
As one of the major mineral resources of Guangdong Province, Xinyi's minerals mainly include jade, granite, talc, gold, silver, copper, iron and tin. Among them, the silver tin mine is the third largest tin mine in the country. The largest tin mine in Guangdong Province.
Yinyan Tin Mine was developed in 2004 by local Baoyuan Mining. In January 2005, Zijin Mining acquired Baoyuan Mining Co., Ltd. and Xinyi Dongkeng Gold Mine Co., Ltd., and built the Gaoyanling tailings yard of the Yinyan Tin Mine on the mountainside.
“The mineral resources at the time of negotiations in 2004 were not as valuable as they are now, so the purchase price is not high, but in the past few years, Zijin has continued to invest in this mine, adding up to an investment of around 500 million yuan.†said Zijin Mining sources.
The Yinyan tin mine was trial-produced in 2009. In the first five months of 2010, the daily processing capacity was about 2000 tons, and the output value was more than 30 million yuan.
"For the prospects of the case, the company has prepared several plans to deal with." The source said that we believe that the most ideal program is to share responsibility with the local government, continue to advance the silver rock tin project, and at the same time provide certain profit feedback. To the local construction. We have also prepared a plan for the failure of the lawsuit. That is to sell all of the Yinyan tin mine assets and use the proceeds for the settlement of claims. Zijin Mining will also fully withdraw from Xinyi.
On September 21, 2010, under the influence of Typhoon Fanbia, Zijin Mining (601899.SH) Gaoyanling tailings dam at the Yinyan tin mine was flooded with dams, resulting in 22 deaths in Qian Paihe River Basin, including 5 people. She died directly from the tailings dam and another 17 died as a result of the dam of the Shihuadi hydropower dam downstream of the tailings dam.
The court case was five disputes over the right to life. The family of the five deceased in Daban Village, Qianpai Town, Xinyi City, as the plaintiff, filed a total of nearly 3 million yuan in compensation including death compensation, funeral expenses and spiritual soothing payments.
In fact, regarding the follow-up compensation for the “9•21†dam break, the number of relevant cases currently accepted by the Xinyi Court has reached 2,499, and the amount of the subject matter requested has totaled more than 340 million yuan. In most cases, the object of the claim is to Zijin Mining and Its subsidiary company.
The focus is on clarifying the responsibilities. Seven companies were sent to the docks at this time. They are Zijin Mining Group and its wholly-owned subsidiaries Xinyi Baoyuan Mining Co., Ltd., Xinyi Zijin Mining Co., Ltd., and China Reliance Engineering Technology Co., Ltd. Company, Changchun Gold Design Institute Project Construction Supervision Department, Beijing Guoxin Anke Technology Co., Ltd. and Fujian Jinma Construction Engineering Co., Ltd.
“The first court hearing will directly affect the following litigation. If Zijin Mining fully loses the case, it may further trigger some affected units and individuals to join the lawsuit. The result will be very troublesome.†A lawyer concerned with the case told reporters , "So now Zijin Mining's two main appeals are to clarify the relationship between Xinyi Zijin and Zijin Mining Group, in order to make the responsibilities remain in Xinyi Zijin; second is to clarify the responsibility for damming the tailings dam and the Shihuadi Hydropower Station. Separated."
In fact, the controversy over the five right-to-right disputes in Daban Village was not very serious. The number of deaths resulting from the “9•21†dam-bursting incident was 22, of which 5 were located in Daban Village, a tributary of the Qianpai River under the tailings pond, and 5 km downstream of the tailings dam, at the Shihuadi Hydropower Station. The number of deaths in the next Dahe Village was 17 people. The case of these 17 individuals is the major controversy."
In December 2010, when the families of 22 deceased persons filed a personal injury claim, Zijin Mining announced that it had requested the court to further investigate and verify the cause of the casualties caused by the dam break in order to clarify the responsibility.
On July 5 of this year, Qian Pai Qing Qing came from a water plant and 310 villagers filed claims against the seven defendants including Zijin Mining for dam damage. Zijin Mining also announced that it will apply to the court to entrust professional qualification agencies to assess the dam quality of the Shihuadi Hydropower Station reservoir and the cause of the dam breach, so as to identify the causes of the downstream property damage and clarify the responsibilities.
“We are not unwilling to take responsibility. In fact, after the accident, we have been actively negotiating compensation and donated 50 million yuan to the Xinyi Civil Affairs Bureau for the production of self-rescue and post-disaster reconstruction. But the key now is the unclear distribution of responsibilities. An insider of Zijin Mining Group told reporters: “There is a Shihuadi hydropower station dam between the Duhehe Village and Gaoqiling tailings dams. After the Gaoqiling tailings dam, the dam of the hydropower station also Following the collapse of the dam and directly leading to 17 deaths, we believe that we should not assume full responsibility."
"Our main point of view is simply that we want to distinguish between responsibilities and shared responsibilities, rather than placing all responsibilities on Zijin Mining."
According to the reporter’s understanding, Xinyi Zijin has already requested the court to conduct a comprehensive investigation of the construction, design, construction, acceptance and operation of the Shihuadi Hydropower Station, and commissioned qualified professional organizations to carry out quality assessment and dam breakage for the Shihuadi hydropower station residual dam. Reasons for deduction analysis to clarify and pursue the corresponding responsibility of Shihuadi Hydropower Station construction and operation enterprises.
According to the announcement of Zijin Mining, the court has now agreed to apply for Xinyi Zijin and Baoyuan Mining, with 13 partners including additional hydropower stations as defendants.
The trial results of Zijin Mining or withdrawing from the Xinyi Dam Break will also directly affect the fate of the largest tin mine in Guangdong Province.
As one of the major mineral resources of Guangdong Province, Xinyi's minerals mainly include jade, granite, talc, gold, silver, copper, iron and tin. Among them, the silver tin mine is the third largest tin mine in the country. The largest tin mine in Guangdong Province.
Yinyan Tin Mine was developed in 2004 by local Baoyuan Mining. In January 2005, Zijin Mining acquired Baoyuan Mining Co., Ltd. and Xinyi Dongkeng Gold Mine Co., Ltd., and built the Gaoyanling tailings yard of the Yinyan Tin Mine on the mountainside.
“The mineral resources at the time of negotiations in 2004 were not as valuable as they are now, so the purchase price is not high, but in the past few years, Zijin has continued to invest in this mine, adding up to an investment of around 500 million yuan.†said Zijin Mining sources.
The Yinyan tin mine was trial-produced in 2009. In the first five months of 2010, the daily processing capacity was about 2000 tons, and the output value was more than 30 million yuan.
"For the prospects of the case, the company has prepared several plans to deal with." The source said that we believe that the most ideal program is to share responsibility with the local government, continue to advance the silver rock tin project, and at the same time provide certain profit feedback. To the local construction. We have also prepared a plan for the failure of the lawsuit. That is to sell all of the Yinyan tin mine assets and use the proceeds for the settlement of claims. Zijin Mining will also fully withdraw from Xinyi.
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