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04/04/18
15:00
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Originally posted by timmi
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Ok what about the twist here. If the order was never carried out, does that make any morotorium by law not legal ? Would the judge then have the power to turn around and direct lko given the government didn't fufil it's side of business that they are in fact well within their rights to continue exploration ? That or until the gorvernment Carries out actions consistent with the legislation it has passed.
I recall instances where judges can effect hit a reset button where all actions carried out weren't within the law, they will then revert back to the contract and permit as such being valid for the exploraration of gas.
What would the government do then ? Pass emergency legislation ?
Again if the judge saw this as fair and equitable to both parties he is well within his powers to make such an order. The judge will also see that the government hasn't sought to resolve matters through arbitration and until such time could state the permits and license arrive thus valid.
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I'm sorry timmi,
I simply don't have the legal background required to answer your questions. Obviously that would be a great outcome for us all, but I'm not expecting an outcome quite so drastic. Very thought provoking questions, though, and I'd love to hear a resources lawyer's interpretation.
EE