The National Court yesterday dismissed the substantive notice of motion by the landowners of the PNG LNG Project in Hela.
They were challenging the decision of the former Minister for Petroleum and Energy, Dr Fabian Pok, made on the Landowner Beneficiary Identification and Distribution (LOBID) listings on March 09th 2019.
The LOBID was published in Post Courier Gazette No. G194 on Wednesday, March 13th 2019, listing the landowners in Warapia and Honaga Clan of Tuguba region in Hides petroleum development license (PDL) 7 in Tari.
The case was brought to court by the first plaintiffs from the Warapia clan, second plaintiffs Lai Haralu, Karibie Ngai and Tolipago Mugupigo of Honaga Clan versus the first defendant, former Petroleum and Energy Minister Dr Fabian Pok, second defended Hohial Nuau Director of Oil and Gas, third defendant Dairi Vele Secretary of Treasury and fourth defended the State.
The court found that the former minister (first defendant) had invited all landowners both directly and indirectly to attend the LOBID exercise which was formerly known as clan vetting, where both deponents attended the LOBID held at the Hides 4 Exxon Mobil Camp on 24th January 2019.
According to the first defendant, LOBID is an important prerequisite for a Ministerial determination under section 169 (A)of the Oil and Gas Act. And that the primary reason for the LOBID was for the defendants to attend in person and confirm that there are beneficiary clans for the Tugub region and identification of the project area landowners and their measure of occupation.
This was done accordingly by Pok.
The court found that the Department of Petroleum conducted the LOBID exercise in both Phase 1 and Phase 2 for the entire PNG LNG project footprint and the finalized list was gazetted.
The department then went through to ensure that section 169 was fully satisfied before the minister signed the instrument of Ministerial Determination which is the final outcome of the identification process referred to as LOBID.
This includes a review of all available data including the landowners to verify and agrees on the final list of beneficiaries and the sharing of benefits on which the landowners sign off consent forms as evidence of their agreement.
However, the court found that the notice of motion filed on August 19th 2019 by the plaintiffs, follows a declaration that the plaintiffs have denied their rights to be heard contrary to section 57 of the Constitution when the minister made the said determination of the LOBID.
During his decision on the matter yesterday, Justice Nicholas Miviri ruled that there was an open and transparent process undertaken through the LOBID exercise.
“It is quite plain that the determination was properly accorded as dictated in section 169 of the Oil and Gas Act,” he said.
He said all plaintiffs were identified as being affected and what proportions and percentages were accorded and published through a Gazettal.
Miviri made formal Court orders stating that the notice for judicial review was without merit and dismissed the case.