From PAUL OATES
Reportedly the latest press release from the Somare government purporting to justify changes in Papua New Guinea's environment legislation preventing any legal challenges to resource development companies once the director has issued a permit of approval for the company's operations to commence.
What a classic example of bureaucratise and public service 'gobbledegook'.
It was probably written by some high-priced help and paid for by AusAID.
A complete 'snow job' if ever I saw one.
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MINISTRY OF ENVIRONMENT AND CONSERVATION
OFFICE OF THE MINISTER
Press Statement on Amendment to Environment Act 2000
Hon Benny Allen, Minister for Environment and Conservation clarified misunderstanding on amendments made to the Environment Act and subsequent Environment (Permit Transition) Regulation passed by Government last week in Parliament.
The Minister said the Amendment is intended to give more clarity to the current saving provisions in the Environment Act 2000. The public will recall that during passing by Parliament of the Environment Act 2000, all development projects approved under the repealed Environment Planning Act 1978, the repealed Water Resources Act 1982, the repealed Environment Contaminants Act, 1978 needed to be saved and continue to operate as though they had environment permits issued under the Environment Act 2000.
These development projects had followed due process under each of the repealed legislations and on satisfying the requirements of each of the legislation were approved. It will be irresponsible for the Government not to protect these investments and thousands of jobs created. To give more certainty to the investors of development projects and the various environmental approvals issued before coming into operation of the Environment Act 2000, the transitional and saving provisions became a critical section in the main legislation.
The Amendment passed by Government last week will give added clarity to as well as remove doubts on the application of the saving and transition provisions in the Environment Act 2000. The Amendment in effect gives added certainty and confidence to development projects, who following due process, obtained relevant environmental approvals before the Environment Act 2000 come into operation.
At the time of coming into force of the Environment Act, there were development projects in different stages of development. There were those in very advance stages of development where in the permit they are referred to be in the operation stage. There were projects in early years of commencement and are referred to in the permit as being in the construction phase. And there were project in proposal stage and have just been issued with approvals.
The Transition and Savings provision there provides a guide to how these projects will be saved and rolled-over into the new Environment Permit arrangement. Conditions set out in the permits cover the various stages of project development to give added clarity and guidance to permit holders and the Department as the regulator on key parameters to manage, monitor and report on. As the project progresses to advance stages, some of the permit conditions become redundant and are no longer applicable. Permit conditions are then reviewed accordingly by the Director who has powers to call up permits and review conditions. Once issued, the permit is a contractual obligation that is reviewed and updated from time to time.
The Minister added that all environmental approvals issued under the various repealed legislation are being rolled over into the new permitting arrangements in the Environment Act 2000. This exercise has been going on since the Act came into force. These development activities are allowed to continue to operate under a deemed environment permit saved by virtue of the transition and saving provisions. While the transitional and savings provision is adequate, many permit holders are seeking urgent and immediate roll-over into the new permitting arrangements under the Environment Act for fear of being non-compliant with PNG laws. The Department is managing the roll-over as provided for under the Environment Act and the Amendment is intended to give added clarity and comfort to those who have yet to be rolled-over into the new permitting system.
The Public and particularly Environment Permit holders wanting more clarification regarding the Amendment can call the Department for more information.
Approved for Release:
HON. BENNY ALLEN, MP
Minister for Environment and Conservation
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