Chilean mining group Antofagasta has said it will appeal a civil court’s recent decision that it must demolish a tailings dam at Los Pelambres mine.

In a statement the company said that it’s subsidiary Minera Los Pelambres received notification yesterday by the Civil Court of Los Vilos that it must destroy part, or all, of the El Mauro tailings dam wall. The court ruled that a plan submitted by the firm in November 2014 was not sufficient to address the requirements of a Supreme Court order given in October 2014 that the dam should not affect the normal flow and quality of the waters of the Pupío stream.

Antofagasta said that Los Pelambres has "undertaken significant works to ensure that the flow of the Pupío stream is not altered and that the operation of the tailings dam does not affect the quantity or quality of these waters and believes the implementation plan submitted to the Court went beyond these requirements". It will now appeal the Court’s decision.

Los Pelambres is entitled to continue operating the dam until the appeal process is concluded.