Mining Act 1992

On Tuesday, the Mineral Resources Authority outlined this among other updates relating to the extension application and negotiations to continue operating the joint-venture project in Enga Province.

The Porgera Gold Mine Special Mining Lease 1(P) and 14 supporting tenements expired on 16^th August 2019, but is subject to the continuation in force of those tenements until the determination of the extension application.

Under the Mining Act 1992, section 167 says, “a person shall not carry on exploration or mining on any land unless he is duly authorised under this Act”.

As part of these regulatory compliance responsibilities, the Mineral Resources Authority (MRA) has warned alluvial miners who may be conducting unauthorised semi mechanised or mechanised alluvial mining to stop their activities.

This issue of unauthorised alluvial mining is predominant in the Wau and Bulolo areas of the Morobe Province.

In a statement, the Resource Owners Federation of Papua New Guinea drew attention to the observation of the United Nations High Commissioner of Human Rights, during his visit to Papua New Guinea in early February.

Zeid Ra'ad Al Hussein observed, among others, that: “Papua New Guinea was a resource-rich country but much of its population lives in abject poverty, with acute malnutrition rates in some areas comparable to Yemen, and minimal access to quality healthcare and education.”

The PNG Extractive Industries Transparency Initiative Report 2014 says: “While the Government sets strong policy and has a relatively robust legislative regime and fiscal control, implementation is challenging due to weak capacity and a lack of accountability, particularly at local levels. The associated lack of transparency also leaves the way open for corruption.

Speaking to Business Advantage PNG, Chan says the amendments are complete, however, there are contentious issue that still needed to be deliberated on.

“Those amendments are there ready for any government to enforce, or to take up. I suppose you have to have the will to do it.

“There are some issues there that are maybe a bit controversial. It is to do with equity, and the compulsory acquisition increase (in) governments’ equity over the next 25 years of the mine life.