
DIRECTORS’ REPORT
(Continued)
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All of these activities are inherently risky and the Board is unable to provide certainty of the expected results of
these activities, or that any or all of these likely activities will be achieved. Furthermore, GreenX will continue to
take all necessary actions to preserve the Company’s rights and defend its BIT and ECT awards made against
Poland. The material business risks faced by the Group that could have an effect on the Group’s future prospects,
and how the Group manages these risks, include the following:
• Litigation risk – All industries, including the mining industry, are subject to legal and arbitration claims.
Specifically, and as noted above, the Company was successful in its arbitration claim against Poland and has
been awarded £252 million in compensation (plus ongoing interest) for breach of Poland’s obligations under
the BIT and ECT treaties. Subsequently, in November 2024, Poland lodged a request to set-aside the BIT
award in the courts of England and Wales and in January 2025 Poland lodged it’s request to set-aside the
ECT award in the Singapore Courts. In January 2026, the Singapore Court issued a judgment whereby it
rejected, in its entirety, Poland’s application to set aside the ECT award. Poland has since applied to the Court
of Appeal of the Republic of Singapore to appeal the Singapore Courts dismissal of its ECT set-aside motion
(refer to announcement dated 12 January 2026). If Poland’s set-aside motions and appeals are not rejected,
and the original award is not upheld or the damages amount is altered compared to original amount
awarded, then this may have a material impact on the value of the Company’s securities.
• Operations in overseas jurisdictions risk – The Company’s exploration projects are located overseas, in
Germany and Greenland, and as such, the operations of the Company will be exposed to related risks and
uncertainties associated with overseas country, and with regional and local jurisdictions. Opposition to the
projects, or changes in local community support for the projects, along with any changes in mining or
investment policies or in political attitude in Germany or Greenland and, in particular to the mining,
processing or use of copper or gold, may adversely affect the operations, delay or impact the approval process
or conditions imposed, increase exploration and development costs, or reduce profitability of the Company.
Moreover, logistical difficulties may arise due to the assets being located overseas such as the incurring of
additional costs with respect to overseeing and managing the projects, including expenses associated with
taking advice in relation to the application of local laws as well as the cost of establishing a local presence in
Greenland. Fluctuations in the currency of Germany or Greenland may also affect the dealings and operations
of the Company.
Failure to comply strictly with applicable laws, regulations and local practices relating to mineral rights
applications and tenure, could result in loss, reduction or expropriation of entitlements, or the imposition of
additional local or foreign parties as joint venture partners with carried or other interests. Further, the
outcomes in courts in Germany or Greenland may be less predictable than in Australia, which could affect
the enforceability of contracts entered into by the Company.
Eleonore North is remotely located in an area that has an arctic climate and that is categorised as an arctic
desert, and as such, the operations of the Company will be exposed to related risks and uncertainties of arctic
exploration, including adverse weather or ice conditions which may and has prevented access to the project,
which can impact exploration and field activities or generate unexpected costs. It is not possible for the
Company to predict or protect the Company against all such risks.
The Company also had previous operations in Poland which may be subject to regulations concerning
protection of the environment, including at the Debiensko and Kaczyce projects which have both been
relinquished by the Company. As with all exploration projects and mining operations, activities will have an
impact on the environment including the possible requirement to make good any disturbed or damaged
land.
Existing and possible future environmental protection legislation, regulations and actions could cause
additional expense, capital expenditures and restrictions, the extent of which cannot be predicted which
could have a material adverse effect on the Company's business, financial condition and results of operations.
• Joint venture contractual risk – The Company's Tannenberg project is subject to a joint venture agreement
with Group 11. The Company’s ability to achieve its objectives may be dependent on it and the joint venture
party complying with their obligations under the joint venture agreement. Any failure to comply with these
obligations may result in the Company being unable to achieve its commercial objectives, which may have
a material adverse effect on the Company’s operations and the performance and value of its shares. There is
also the risk of disputes arising with the Company’s joint venture partner, the resolution of which could lead
to delays in the Company's proposed development activities or financial loss. The nature of the joint venture
may change in future, including the ownership structure and voting rights, which may have an effect on the
ability of the Company to influence decisions at Tannenberg. The operations of the Company require the
involvement of a number of third parties, in addition Group 11, including consultants, contractors and
suppliers. Financial failure, default or contractual non-compliance on the part of such third parties may have
a material impact on the Company’s operations and performance. It is not possible for the Company to
predict or protect the Company against all such risks.