Edmonton (Apr 07/03) - CanTung Mine can continue its operations 40 kilometres away from Nahanni National Park without an environmental assessment.

The NWT court of appeal last week overturned a trial court decision, allowing North American Tungsten to get a new water licence without conducting the assessment.

Randy Christensen, lawyer for interest groups which intervened in the case, said he was disappointed with the ruling but the mine could still be subject to an environmental assessment later this year.

"The company will have to seek a renewal of its licence in November," he said. "The decision is being returned to the (Mackenzie Valley Water) board to consider again how the project should be dealt with."

Mine owner Udo von Doehren said he was pleased with the decision, which lifts a lot of uncertainty from his operation.

"It's been a very frustrating process, and it's used up a lot of energy and resources," he said.

"This decision should allow us to proceed with our water licence renewal within the time constraints imposed."

The mine has been in business off and on for 40 years and has had a water licence since 1975.

The mine's lawyer argued that the mine was exempt from an assessment because the Mackenzie Valley Resource Management Act states projects don't need an environmental assessment if they've got a licence from before June, 1984.