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ShareProphets – Prairie Enters a Legal Tussle. But Have its Shares Been Oversold?

By Malcom Stacey

Hello, Share Wallowers. In recent months I’ve featured Prairie Mining (PDZ). It has an interest in two projects in Poland where the company hopes to produce coal suitable for turning into coke.

The latter stuff is vital for the making of steel. And steel is becoming more and more needed to feed the growth of infrastructure in developing countries, not to mention more established areas of industry. I bought the shares for about 30p and saw them rise to more than 50p, partly I suspect because two big investment institutions came on board. Then came a whammy. There is now a legal tussle with the Polish government.

When the news came the share retreated to my original buying price in a shake of a donkey’s tail. But I think the selling may well be overdone and the result might be a second chance to buy the shares cheaply.

As usual, with mining matters, the situation is complex. But as far as I can gather, the Polish government has not confirmed an environmental consent within a three month required time-frame. So Prairie has launched a legal case against the Polish Dept of the Environment to secure its position.

Now, whenever court action is mentioned a lot of investors take fright and drop the shares. But there is talk that a Polish administrative department has simply not dealt with things within a time limit. Polish politicians will, after all, want the local jobs that Prairie will bring to coal mining. And Prairie reckons that its legal action will bring the possibility of a lost opportunity to the attention of local residents who may not be pleased by the delay.

We can’t predict the end of any legal case, where we don’t know all the facts. And taking on a government is rather daunting. But I will certainly not sell my shares until we know the outcome.

And now the Punter’s Return is open.

Link here to view the article on ShareProphets

Prairie Mining #PDZ – Align Research comment re legal proceedings in Poland

In recent weeks shares in Prairie Mining have been experiencing a bit of a rough ride on concerns about licence issues for their key coal asset in Poland. When we initiated coverage on Prairie in September 2017 we did point out that the company was a potential world-class hard coking coal supplier with two low cost projects in Poland to supply Europe’s leading steel makers. Additionally, we saw the company as a likely acquisition target.

In July 2015, Prairie Mining was granted the exclusive right to apply for the Mining Concession at Jan Karski until 2 April 2018. The Deposit Development Plan and the Spatial Development Plan were approved in May and August 2017 respectively. On 30 November 2017, Prairie submitted the Environmental and Social Impact Assessment (ESIA) which independent consultants confirmed met all the necessary requirements. As yet, the company has not received the necessary Environmental Consent decision and so has been unable to apply for a Mining Concession at Jan Karski.

On 03 April 2018, the company provided an update on the Jan Karski concession. Basically, Prairie has been waiting some while for the required Environmental Consent decision. The approval of Prairie’s Geological Documentation in 2015 also gave the company the legal right to apply for a Mining Usufruct Agreement over Jan Karski for an additional 12-month period beyond April 2018. This serves to stop any other parties being granted any licence over all or part of the Jan Karski concessions. Under Polish law, the Ministry of Environment (MoE) is strictly obligated, within three months of Prairie making an application for a Mining Usufruct Agreement, to grant the agreement. Legal advice provided to Prairie concludes that failure of the MoE to grant the company the Mining Usufruct Agreement is a breach of Polish law. As a consequence of this failure the company has now commenced legal proceedings against the MoE through the Polish courts in order to protect the company’s security of tenure over the Jan Karski concessions.

The feeling on the ground is that the delays of the MoE might be just down to inefficiency in a government department. As true world-class assets, these coal projects are important to Poland and so there is big local support for the jobs that they will provide along with the potential benefits to the local and national economies. The legal action very neatly brings these delays to the attention of the Polish people as well as the politicians.This latest news came just days after it was announced that the company disclosed a co-operation agreement with Jastrzębska Spółka Węglowa SA (JSW) concerning Prairie’s Jan Karski and Debiensko projects. Interestingly enough JSW which has a market cap in excess of £2 billion is 55% owned by the Polish Government.

Truth is that this latest event seems to be par for the course in being involved in high profile projects in Poland and such an event seems to pop up every couple of years and company has been here before. In September 2014, Prairie was advised that the Polish Ministry of the Environment had officially rejected an application from Lubelski Wegiel BOGDANKA S.A. for a mining concession over the company’s K-6-7 coal concession in Poland. The main point is that Prairie has successfully legally dealt with such an issue before.

We this believe that the current weakness could serve to provide a good buying opportunity once further clarification occurs.

Link here to view the article on the Align Research website

DISCLOSURE & RISK WARNING

This is a marketing communication and cannot be considered independent research. Nothing in this report should be construed as advice, an offer, or the solicitation of an offer to buy or sell securities by us. As we have no knowledge of your individual situation and circumstances the investment(s) covered may not be suitable for you. You should not make any investment decision without consulting a fully qualified financial advisor.

Your capital is at risk by investing in securities and the income from them may fluctuate. Past performance is not necessarily a guide to future performance and forecasts are not a reliable indicator of future results. The marketability of some of the companies we cover is limited and you may have difficulty buying or selling in volume. Additionally, given the smaller capitalisation bias of our coverage, the companies we cover should be considered as high risk.

This financial promotion has been approved by Align Research Limited.

Brand CEO Alan Green talks Prairie Mining #PDZ, Powerhouse Energy #PHE & Advanced Oncotherapy #AVO on Vox Markets podcast

Brand CEO Alan Green talks Prairie Mining #PDZ, Powerhouse Energy #PHE & Advanced Oncotherapy #AVO with Justin Waite on the Vox Markets podcast. Interview starts 29 minutes 43 seconds in.

Prairie Mining #PDZ – Jan Karski concession update

In July 2015, Prairie Mining Limited announced that it had secured the Exclusive Right to apply for a Mining Concession for the Jan Karski Mine as a result of its Geological Documentation for the Jan Karski deposit being approved by Poland’s Ministry of Environment (“MoE”). The approved Geological Documentation covers areas of all four original Exploration Concessions granted to Prairie (K-4-5, K-6-7, K-8 and K-9) and includes the full extent of the targeted resources within the mine plan for Jan Karski. As a result of the Exclusive Right, Prairie is the only entity with a legal right to lodge a Mining Concession application over Jan Karski for the period up and until 2 April 2018. Under the Polish Geological and Mining Law, a Mining Concession application comprises the submission of a Deposit Development Plan (“DDP”), approval of a spatial development plan (rezoning of land for mining use) and an Environmental Consent decision. Prairie has previously announced that the DDP and spatial development plans for Jan Karski have already been approved. However, as of the date of this announcement, Prairie has not yet received the required Environmental Consent decision, which remains pending. Prairie completed an Environmental and Social Impact Assessment and made submissions to the relevant administrative body for an Environmental Consent decision in October 2017 in accordance with all requirements. Accordingly, Prairie has not been able to apply for a Mining Concession for Jan Karski due to the delay in the issuance of an Environmental Consent decision. The Environmental Consent proceedings continue to progress.

The approval of Prairie’s Geological Documentation in 2015 also conferred upon Prairie the legal right to apply for a Mining Usufruct Agreement over Jan Karski for an additional 12 month period beyond April 2018, which precludes any other parties being granted any licence over all or part of the Jan Karski concessions. Under Polish law, the MoE is strictly obligated, within three months of Prairie making an application for a Mining Usufruct Agreement, to grant the agreement. Prairie applied to the MoE for a Mining Usufruct Agreement over Jan Karski in late December 2017. As of the date of this announcement the MoE has not made available to Prairie a Mining Usufruct Agreement for Jan Karski, therefore breaching the three month obligatory period for the agreement to be concluded. Legal advice provided to Prairie concludes that failure of the MoE to grant Prairie the Mining Usufruct Agreement is a breach of Polish law. Accordingly, the Company has now commenced legal proceedings against the MoE through the Polish courts in order to protect the Company’s security of tenure over the Jan Karski concessions. Since the MoE has not provided a decision within three months regarding Prairie’s Mining Usufruct application, the Polish civil court has the power to enforce conclusion of a Mining Usufruct Agreement in place of the MoE. In the event that a Mining Usufruct Agreement is not made available to the Company on acceptable terms or the Company does not enter into a Mining Usufruct Agreement for any other reason, other parties may be able to apply for a Mining Concession for all or part of the Jan Karski concession area. However, the legal proceedings presently initiated by Prairie through the Polish civil court are also intended to prevent the MoE from granting a concession to any other party until the full court proceedings are concluded.

The Company will consider any other actions necessary to ensure its concession rights are reserved which may result in the Company taking further action against the MoE including invoking the protection afforded to the Company under any relevant bi-lateral or multi-lateral investment treaties or such other actions as the Company may consider appropriate at the relevant time.

Prairie will continue to update the market in relation to this matter as required.

Prairie has always conducted its business in Poland in accordance with the Polish law and continues to pioneer the application of international standards for development and feasibility work in Poland necessary to ensure the value of its Tier One coking coal projects are maximised for all stakeholders, meet the rigorous requirements for international financing and can ensure the production of high quality coking coal product to regional European steel makers.

Poland is multi-party representative democracy and has been a member of the European Union since 2004. Prairie Mining has been listed on the Warsaw Stock Exchange since September 2015 and enjoys a strong and increasing Polish shareholder base. Prairie benefits from strong support of local communities and regional governments, and our activities are in line with Polish national government policy that considers coal at the core of Poland’s raw material security, seeks to renew Polish industry and enhance economic development in Eastern Poland, where the Jan Karski Mine is located.

Australia also holds the status of “Most Favoured Nation” with Poland and the countries signed a Promotion and Protection of Investment Agreement in 1991 (a Bilateral Investment Treaty) which provides reciprocal protections for investments made by residents and entities of both countries, including licences for exploration and mining of natural resources. Prairie reserves the right to make future claims against the Polish state under the Promotion and Protection of Investment Agreement.

For further information, please contact:

Prairie Mining Limited

Tel: +44 207 478 3900

Ben Stoikovich, Chief Executive Officer

Email: info@pdz.com.au

Sapan Ghai, Head of Corporate Development

PRAIRIE’S COKING COAL PROJECTS

DEBIENSKO MINE

The Debiensko Mine (“Debiensko”) is a hard coking coal project located in the Upper Silesian Coal Basin in the south west of the Republic of Poland. It is approximately 40 km from the city of Katowice and 40 km from the Czech Republic.

Debiensko is bordered by the Knurow-Szczyglowice Mine in the north west and the Budryk Mine in the north east, both owned and operated by Jastrzębska Spółka Węglowa SA (“JSW”), Europe’s leading producer of hard coking coal.

The Debiensko mine was originally opened in 1898 and was operated by various Polish mining companies until 2000 when mining operations were terminated due to a major government led restructuring of the coal sector caused by a downturn in global coal prices. In early 2006 New World Resources Plc (“NWR”) acquired Debiensko and commenced planning for Debiensko to comply with Polish mining standards, with the aim of accessing and mining hard coking coal seams.

In October 2016, Prairie acquired Debiensko with a view that a revised development approach would potentially allow for the early mining of profitable premium hard coking coal seams, whilst minimising upfront capital costs. Prairie has proven expertise in defining commercially robust projects and applying international standards in Poland. The fact that Debiensko is a former operating mine and its proximity to two neighbouring coking coal producers in the same geological setting, reaffirms the significant potential to successfully bring Debiensko back into operation.

JAN KARSKI MINE

Jan Karski is a large scale semi-soft coking coal project located in the Lublin Coal Basin in south east Poland. The Lublin Coal Basin is an established coal producing province which is well serviced by modern and highly efficient infrastructure, offering the potential for low capital intensity mine development. Jan Karski is situated adjacent to the Bogdanka coal mine which has been in commercial production since 1982 and is the lowest cost hard coal producer in Europe.

Prairie’s use of modern exploration techniques continues to transform Jan Karski with latest drill results re-affriming the capability of the the project to produce high value ultra-low ash semi-soft coking coal, known as Type 34 coal in Poland.

The coking coal quality results are superior to the drill results announced in May 2017, and further confirm that Jan Karski is a globally significant semi-soft coking coal (“SSCC”) / Type 34 coking coal deposit with the potential to produce a high value ultra-low ash SSCC with a coking coal product split of up to 75%.

Key benefits for the local community and the Lublin and Chelm regions associated with the development, construction and operation of Jan Karski  have been recognised as the following:

·       creation of 2,000 direct employment positions and 10,000 indirect jobs for the region once operational;

·       increasing skills of the workforce and through the implementation of International Standard training programmes;

·       stimulating the development of education, health services and communications within the region; and

·       building a mine that creates new employment for generations to come and career paths for families to remain in the region.

 

Prairie Mining #PDZ – Joint statement regarding possible co-operation between Prairie Mining and JSW

                                                                                      

Joint Update Statement Regarding Possible Co-Operation between Prairie Mining and JSW

Common position on establishing potential cooperation between Prairie Mining and JSW

Prairie Mining #PDZ and Jastrzębska Spółka Węglowa SA (” JSW “) have entered into a Non-Disclosure Agreement (” NDA”) following Prairie’s approach to JSW with respect to potential co-operation regarding Prairie’s Polish coal projects. The purpose of the Prairie’s projects.

Prairie will be available for the development of development, conditions of the mining concession, environmental permits, and the mining usufruct contract. JSW will also assess other various risks and opportunities, including JSW’s existing infrastructure at the neighboring Knurów-Szczygłowice mine.

Prairie will be available in the project. Jan Karski project in the Lublin Coal Basin, to allow JSW to be an assessment of the project’s feasibility and economics. development, the physical and chemical parameters of the timeframe and conditions with regards to obtaining a mining concession, as well as other risks and opportunities.

It is emphasized that it is also possible to acquire a specific transaction, and should not be affected Positive evaluations and expert opinions, necessary approvals from the Polish UOKiK (Polish Office of Competition and Consumer Protection). respective issuers.

There can be no surety transaction in the transaction (s).

The NDA provides for discussions to be supported by mutual parties.

 The companies will continue to comply with the relevant markets, as required.

Prairie Mining #PDZ and Jastrzębska Spółka Węglowa SA (” JSW “) entered into a Confidentiality Agreement as a result of Prairie’s presentation to JSW regarding potential cooperation on Prairie coal projects in Poland. The purpose of the Agreement is to enable the exchange of technical and commercial information, which will facilitate the conduct of key and more advanced talks on all possible transaction options regarding Prairie projects.

Prairie will provide information on the coking coal project under the Debieńsko-1 concession granted in 2008 to enable JSW to assess the feasibility and economic conditions of this project, including factors such as the stage of its development, the terms of the mining license, environmental permits and agreement on the establishment of mining usufruct. As part of this process, JSW will also assess various other threats and opportunities, including those related to the JSW infrastructure existing at the neighboring KWK Knurów-Szczygłowice.

Prairie will provide information on the Jan Karski project in the Lublin Coal Basin to enable JSW to assess the feasibility and economic conditions of this project in the field of coking coal, including factors such as its development stage, physicochemical parameters of coal (in particular its parameters coking), time frame and conditions related to the obligation to obtain a mining concession, as well as other various threats and opportunities.

It should be emphasized that talks are conducted in the initial phase and even in the case of transition to talks about specific terms of the transaction, any possible transaction or transactions, if it occurs, may depend on meeting a number of standard conditions, including from obtaining positive assessments and expert opinions, necessary corporate approvals, approvals and approvals regarding financing, approvals of the Office of Competition and Consumer Protection (UOKiK), if they are required, and meeting any other requirements related to the strategy, objectives and regulations applicable to each issuer.

There is no certainty that the talks will lead to the conclusion of any contract (s), nor is there any certainty as to the form of any transaction (s).

The confidentiality agreement allows you to hold talks for an initial period of up to six months, which can be extended by mutual agreement.

The companies will comply with their obligations to provide the required information to the markets.

 

For further information, please contact:

Prairie Mining Limited

Tel: +44 207 478 3900

  Ben Stoikovich, Chief Executive Officer

Email: info@pdz.com.au

  Sapan Ghai, Head of Corporate Development

 

Prairie Mining #PDZ – JP Morgan becomes a substantial shareholder

On 22 March 2018, Prairie Mining Limited (Company) was notified via the filing of a Form 603 with ASX that JP Morgan Chase and Co and its affiliates (JPMorgan) had provided notice of it becoming a substantial holder (as defined by the Corporations Act 2001) of the Company as of 20 March 2018, having purchased a total of 8,466,223 ordinary shares, representing 5.05% of the Company’s issued share capital.

For further information please contact:

Prairie Mining Limited

Tel: +44 207 478 3900

  Ben Stoikovich, Chief Executive Officer

Email: info@pdz.com.au

  Sapan Ghai, Head of Corporate Development

This information is provided by RNS

The company news service from the London Stock Exchange

CityAM – Secretive Mayfair hedgie Lansdowne snaps up big stake in a Polish miner

by Oliver Gill, CityAM

One of London’s oldest and most secretive hedge funds has snapped up a big stake in a Polish coal miner.

Lansdowne Partners became a substantial shareholder in London-listed Prairie Mining on Friday, according to a filing released today, and now owns more than five per cent of the firm.

Also listed in Australia, Prairie operates the Karski Mine in the Lublin Coal Basin and the Debiensko Hard Coking Coal Project in Upper Silesia.

With around $20bn of assets under management, Mayfair-based Lansdowne Partners was last year one of the sector’s top performers. The firm’s investment portfolio and specific performance is generally tightly-guarded. It was, however, revealed last February Lansdowne had taken a big hit backing telecoms duo of BT and Inmarsat.

More recently, Lansdowne has taken on one Britain’s best-loved retail fund managers. The hedge fund has one of the biggest short positions in troubled doorstep lender Provident Financial. The firm put its £30m bet against the lender in April 2016, pitting itself against Woodford and Invesco Perpetual, which together own around 50 per cent of the Bradford-based firm.

Prairie Mining #PDZ, meanwhile, announced narrowed losses earlier this month from $5.34m to $5.28m. In February it announced preliminary discussions with Indian steel giant JSW regarding a co-operation agreement.

Prairie Mining #PDZ – Lansdowne Partners become a substantial shareholder

Becoming a substantial holder

RNS Number : 3709I
Prairie Mining Limited
21 March 2018

TR-1: Standard form for notification of major holdings

 

NOTIFICATION OF MAJOR HOLDINGS (to be sent to the relevant issuer and to the FCA in Microsoft Word format if possible)i

1a. Identity of the issuer or the underlying issuer of existing shares to which voting rights are attachedii:

Prairie Mining Ltd

Sedol BYSQ580

1b. Please indicate if the issuer is a non-UK issuer  (please mark with an “X” if appropriate)

Non-UK issuer

X

2. Reason for the notification (please mark the appropriate box or boxes with an “X”)

An acquisition or disposal of voting rights

X

An acquisition or disposal of financial instruments

An event changing the breakdown of voting rights

Other (please specify)iii:

3. Details of person subject to the notification obligationiv

Name

1Lansdowne Partners International Limited

2Lansdowne Partners Limited

3Lansdowne Partners (UK) LLP

4Lansdowne Developed Markets Master Fund Limited

 

City and country of registered office (if applicable)

London, United Kingdom

4. Full name of shareholder(s) (if different from 3.)v

Name

n/a

City and country of registered office (if applicable)

n/a

5. Date on which the threshold was crossed or reachedvi:

16/03/2018

6. Date on which issuer notified (DD/MM/YYYY):

20/03/2018

7. Total positions of person(s) subject to the notification obligation

% of voting rights attached to shares (total of 8. A)

% of voting rights through financial instruments
(total of 8.B 1 + 8.B 2)

Total of both in % (8.A + 8.B)

Total number of voting rights of issuervii

Resulting situation on the date on which threshold was crossed or reached

5.40%

5.40%

167,498,969

Position of previous notification (if

applicable)

n/a

n/a

 

8. Notified details of the resulting situation on the date on which the threshold was crossed or reachedviii
A: Voting rights attached to shares
Class/type of
shares
ISIN code (if possible)
Number of voting rightsix
% of voting rights
Direct
(Art 9 of Directive 2004/109/EC) (DTR5.1)
Indirect
(Art 10 of Directive 2004/109/EC) (DTR5.2.1)
Direct
(Art 9 of Directive 2004/109/EC) (DTR5.1)
Indirect
(Art 10 of Directive 2004/109/EC) (DTR5.2.1)
SUBTOTAL 8. A
B 1: Financial Instruments according to Art. 13(1)(a) of Directive 2004/109/EC (DTR5.3.1.1 (a))
Type of financial instrument
Expiration
date
x
Exercise/
Conversion Period
xi
Number of voting rights that may be acquired if the instrument is
exercised/converted.
% of voting rights
SUBTOTAL 8. B 1
B 2: Financial Instruments with similar economic effect according to Art. 13(1)(b) of Directive 2004/109/EC (DTR5.3.1.1 (b))
Type of financial instrument
Expiration
date
x
Exercise/
Conversion Period 
xi
Physical or cash
settlementxii
Number of voting rights
% of voting rights
CFD
n/a
n/a
Cash
9,039,610
5.40%
 
SUBTOTAL 8.B.2
9,039,610
5.40%

9. Information in relation to the person subject to the notification obligation (please mark the

applicable box with an “X”)

Person subject to the notification obligation is not controlled by any natural person or legal entity and does not control any other undertaking(s) holding directly or indirectly an interest in the (underlying) issuerxiii

Full chain of controlled undertakings through which the voting rights and/or the
financial instruments are effectively held starting with the ultimate controlling natural person or legal entity
xiv (please add additional rows as necessary)

X

Namexv

% of voting rights if it equals or is higher than the notifiable threshold

% of voting rights through financial instruments if it equals or is higher than the notifiable threshold

Total of both if it equals or is higher than the notifiable threshold

Lansdowne Partners

International Limited

5.40%

5.40%

Lansdowne Partners

Limited

Lansdowne Partners (UK) LLP

5.40%

5.40%

10. In case of proxy voting, please identify:

Name of the proxy holder

The number and % of voting rights held

The date until which the voting rights will be held

11. Additional informationxvi

Place of completion

London

Date of completion

20 March 2018

Brand CEO Alan Green talks Prairie Mining #PDZ, Ferrum Crescent #FCR & Salt Lake Potash #SO4 on VOX Markets podcast

Brand CEO Alan Green talks Prairie Mining #PDZ, Ferrum Crescent #FCR & Salt Lake Potash #SO4 with Justin Waite on the VOX Markets podcast. The interview is 22 minutes 30 seconds in.

Prairie Mining #PDZ – JSW CEO Daniel Ozon may discuss Jan Karski investment as well as Debiensko.

Source Barbara Oksinska (Parkiet) and Maciej Martewicz (Bloomberg)

Representatives of JSW, Poland’s biggest coking coal producer will again meet with Prairie Mining within 10 days to discuss coal projects in country,

Parkiet’s journalist Barbara Oksinska says on Twitter, citing interview with JSW CEO Daniel Ozon; “Companies may again discuss Prairie’s Debiensko project, adjacent to JSW. They may also discuss an investment into Jan Karski, near Bogdanka miner’s facilities.”

Ozon added: “We will talk about it, but we need to learn more about this project. Debiensko is well known to us, because it is the same deposit we are currently working on. We know the quality of this coal and geological conditions. We have to take a closer look at the second project.”

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