Ruling aeems to be based on regulations and common sense. Note: "This decision confirms the validity of the modern practice of claim staking using helicopters. In remote and inaccessible environments, helicopter staking has become more and more common."
A few questions posed below as food for thought:
- Is there any requirement for the propectors to walk in hip waders in a swamp even if there is a risk of sinking and getting stuck in the mud (including personal injury);
- Are ATVs or boats allowed in soggy ground or completely flooded areas? Presumably, propectors would be allowed to sit on a boat which is floating some height above the ground below allowing them to drop/shove the stake in the soft "ground"/mud below.
- If the above is acceptable, then strapping oneself to a helicopter and hovering above the site to drop the post (for it to land vertically) should be legitimate as well.
- The other team could have used a helicopter option as well (sounds like NOT were caught off guard by KWG well-organized "pre-dawn" operation).
It would be better for NOT not to pursue this further (drop the Appeal) to create an atmosphere of co-operation. It does not help the development of the RoF to follow the practice "a-la" CLF. Besides, NOT has enough claims and an impressive Ni deposit (and BB deposits, etc).
goldhunter