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Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT IN THE PHILIPPINES 1

Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

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Page 1: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – PhilippinesJan 28 to Feb 3, 2015Part 2

APDPACTION FOR PEACE AND DEVELOPMENT IN THE PHILIPPINES

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Page 2: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

THE OPEN CUT MINE

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Page 3: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

THE MINE AREA (BEFORE)

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Page 4: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

THE TAILINGS DAM

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Page 5: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

THE TAILINGS DAM

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Page 6: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

OUTFLOW FROM THE TAILINGS DAMDIDIPIO RIVER ABOVE SURONG RIVER INFLOW

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Page 7: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

DIDIPIO RIVER BELOW SURONG RIVER INFLOW

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Page 8: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

WELLS AND PUMPS NOW DRYSprings and underground flow cut off by mine

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Page 9: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

INTERVIEWS, DIDIPIO 1-2 FEB 2015

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Page 10: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

OCEANGOLD FOUND TO HAVE VIOLATED HUMAN RIGHTS (PCHR)

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Page 11: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

HR VIOLATIONS BY OGPI [PCHR]OGPI violated

•the Right to Residence, the Right to Adequate Housing and Property Rights of several residents in Didipio.  •the Right to Freedom of Movement and the Right not to be subjected to arbitrary interference with the Home of the people in Didipio. •the Right to Security of Person of the people in Didipio. •the indigenous community’s Right to Manifest their Culture and Identity.

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Page 12: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

DIDIPIO: views of the residents

• Violations continue

• OGPI uses legal and economic power over residents to frustrate realization of rights

• Resident’s additionally suffer from environmental impacts.

• OGPI recently announced expansion of underground mine with limited consultation.

• Residents petition opposing expanded underground mine

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Page 13: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

OPTIMISATION STUDY 2014

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Page 14: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

OPTIMISATION STUDY 2014

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Page 15: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

AVOIDING TAX AND ROYALTIES

Company Tax –

The corporate income tax rate in the Philippines is 30%. However the Philippines Board of Investments has provided a six year income tax holiday for the project which expires on March 31, 2019.

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Page 16: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

Avoiding taxunder financial or technical assistance agreement (ftaa)

Pursuant to the terms of the FTAA, OceanaGold has a period of up to five years after the Date of Commencement of Commercial Production (being April 1, 2013) to recover its initial investment.

In the event OceanaGold has not recovered its investment in 5 years, it has a further 3 years in which the remaining amount is amortised as a deduction against net revenue.

The initial investment includes not only the construction and development of the project but also payments to claim owners, land owners, exploration programmes, and maintenance of the exploration tenement, feasibility studies, administration of offices and the net commissioning cost up to commercial production.

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Page 17: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

AVOIDING TAXFinancing Costs

Financing costs have been included at 10% on initial $350 million investment costs.

A loan from a subsidiary of OceanaGold Corporation is used to finance the Project is assumed to remain in place for the life of the Project. The assumed applicable interest rate is 10%.

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Page 18: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

AVOIDING TAX

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Page 19: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

JIM (ASKEW) AND ME!

MELBOURNEAUSTRALIA

OCEANAGOLD HEADQUARTERS

AUGUST 29 2014

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Page 20: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

MELBOURNEAUSTRALIA.

OCEANAGOLD HEADQUARTERS

AUGUST 29 2014

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Page 21: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

The People’s AlternativePeople’s Mining Bill [No 4315]:

“Policies which seek to reorient the Philippine mining industry towards the wise and sustainable development and judicious use of our mineral resources”.

“Mineral wealth is part of our national patrimony, a resource that has the potential to propel the country towards industrialization and self sufficiency”.

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Page 22: Report back on AUSTRALIAN FACT FINDING MISSION TO TAMAPKAN & DIDIPIO MINES – Philippines Jan 28 to Feb 3, 2015 Part 2 APDP ACTION FOR PEACE AND DEVELOPMENT

People’s Mining Bill [No 4315]

If properly regulated and developed, these resources will be a requisite to developing a strong, self-reliant and progressive economy, founded on a healthy balance between agriculture and industrialization and programmed to break the cycle of the country’s underdevelopment.

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