Deadly floods

Caption: That’s how high the water reached ... Villagers pointing to debris trapped by this tree to show the height of the flood waters at its peak.

 

2 killed, 6 missing as river burst its banks

 

TWO children drowned and six people are still missing as heavy rain wreaked havoc on coastal villages in Central province, west of Port Moresby, at the weekend, The National reports.

Six houses were swept away by the flooding Veimauri River, which also destroyed food gardens, provincial disaster officials reported yesterday.

The bodies of the two children, a seven-year-old girl and her two-year-old brother, were recovered among flood debris, along the Veimauri River early yesterday morning and taken to the Port Moresby General Hospital morgue for post-mortem results.

The mother had also been swept away by flood waters but was found alive by villagers.

Disaster officials said the Veimauri burst its banks on Saturday, washing away the homes and food gardens at Avara village, near the Galley Ridge rubber estate at Doa, not far from the Hiritano Highway.

They said the search was continuing for the missing six.

Yesterday afternoon, Central Governor Alphonse Moroi, accompanied by Central police commander Chief Supt John Maru, visited the area and assured the people that shelter, clothing and food would be dispatched from Port Moresby today.

Maru said that Central police would lead the search for the six still missing, further down the river.

The Galley Ridge rubber estate at Doa and Avara village border on the Veimauri River.

Avara village is made up of people originally from Woitape in Goilala and Koiari area who are landowners there.

It has a population of more than 200 people with homes scattered along the river, up to the Veimauri Bridge at the Hiritano Highway crossing.

Last night, Maru confirmed that there were other villages along the Doa area which were affected by flood waters, although not as seriously as Avara.

Police would check them out today to see whether they suffered casualties, he said.

 

 

Kroton Ltd in control

THE government has created a new company to take full control of the PNG LNG project, and any future petroleum projects in the country, The National reports.

The company is known as Kroton No. 2 Ltd, previously a subsidiary of the Independent Public Business Corporation, controlling the state’s interest in the project.

Prime Minister Sir Michael Somare announced that Kroton No. 2 would now have its own management and board. It is understood Dairi Vele from the Gas Office would be chief executive officer of Kroton, but this could not be confirmed.

Kroton would manage the state’s 19.6% equity in the LNG project.

The prime minister said Kroton No.2 Ltd would be a fully-functional petroleum company with the appropriate resources to adequately represent the State’s interest in the LNG project.

Sir Michael said since Kroton No.2 Ltd was wholly-owned by the state through the General Business Trust, it is imperative that Kroton played a leadership role in the commercial development of the hydrocarbon industry in the country.

“To facilitate this, cabinet has endorsed the functional separation of Kroton No. 2 Ltd from IPBC to allow the former to develop into a national hydrocarbon development corporation while IPBC focuses on value-adding and management of the General Business Trust.

“IPBC will remain as a shareholder in Kroton No. 2 Ltd until the maturity of the existing funding arrangements with the International Petroleum Investment Company (IPIC) of Abu Dhabi. Thereafter, the shareholding will be reviewed.”

The government borrowed money from IPIC to invest in the project, swapping with the Middle East company cash for the state’s equity in Oil Search Ltd.

Sir Michael said Kroton No.2 would represent the interest of the state in all future meetings relating to the LNG project.

The Department of Public Enterprises and its minister and IPBC have been directed to fast track the necessary logistical requirements to enable the office to be fully functional and report back to NEC.

“In addition, the Public Enterprises secretary has been directed to lead the formulation of a national hydrocarbon policy primarily aimed at maximising the state’s participation and optimising value to the state, in close consultation with key departments and agencies,” Sir Michael said.

“The government has acknowledged the achievements of the state in terms of the PNG LNG project reaching its final investment decision on Dec 8, 2009, and the financial close on March 12, 2010.”

PM failed to act on trio: Marat

RABAUL MP Dr Allan Marat has questioned Prime Minister Sir Michael Somare for failing to remove the three MPs implicated by suspected bank robber William Kapris, The National reports.

He said Kapris had revealed the names of two ministers and the deputy parliamentary speaker in the Supreme Court.

One of the two ministers named was suspended treasury and finance minister Patrick Pruaitch.

Marat said Correctional Services Minister Tony Aimo and Deputy Speaker Francis Marus were still holding on to their offices despite the revelations of their alleged involvement with criminals.

“Can’t the prime minister act swiftly to remove them to salvage whatever decency there is left of the government?” he told a large crowd in the Kokopo Secondary School hall for the 2010 Kokopo Walk against Corruption forum on Sunday.

“If the prime minister cannot, then he should come out in public and tell the nation why he is holding on to them.

“I stood up for what is right that went against the government’s interests and Sir Michael did not hesitate to sack me in the most humiliating manner in front of all the other ministers and backbenchers,” he said.

Marat said Sir Michael’s favourite expression was that “ministers alleged to have committed misconduct in office were presumed innocent until proven guilty”.

“That expression is not consistently applied.

“So what is the real reason for holding them back as there are many capable backbenchers who can do the job?

“Some of us are used by the National Alliance (NA) party merely as numbers to form the government. After that, some of us are nothing but figures to the party,” Marat said.

“We were deliberately avoided and the views, opinions and advice of other people were taken and acted upon, much to our surprise and disapproval.”

Marat said there were no real respect for certain ministers and what the ruling NA party wanted must be done at all costs.

“For lamenting the failures of the past and present governments in not preparing and building up our human capacity in readiness for the extractive industry and in particular the LNG project, I was removed,” he said.

Marat had expressed doubts about the reality of the foreign consultant’s reports on the safety impact of tailings to the environment and citizens on the proposed Nautilus Mining in the Bismarck Archipelago, proposed smelting facility and dumping of tailings at the old Rabaul airport area and Ramu Nico’s deep sea tailings in the Basamuk Bay in Madang.

“My stand against the proposed Maladina amendments to the leadership code was the last straw,” Marat said.

 

Brocade finally out of water

Roz Savage (centre) with Brocade in Madang as she is taken out of water. Picture courtesy of SIR PETER BARTER

By MALUM NALU

Brocade, the boat of British ocean rower and environmental campaigner Roz Savage, is now out of water after an epic 47-day rowing voyage from Tarawa in Kiribati.

Savage made landfall last at 8am Friday on Brocade, completing her three-stage trip and becoming the first woman to row solo across the Pacific Ocean.

She set off in her 23-foot boat from Tarawa in mid-April on the final leg of her Pacific voyage.

In total, she spent about 250 days alone at sea, rowing more than 8,000 miles and taking an estimated 2.5 million oar strokes along the way.

Savage traveled from San Francisco to Hawaii in 2008, then on to Tarawa last year, before finally arriving in Madang.

Savage said that after taking a well-deserved break in Madang, she and Brocade would be moving down to Perth, Western Australia, for the Indian Ocean stretch of her next epic voyage from Perth to Mauritius in Africa.

University of Goroka to proceed with graduation

By KATE GUNN of University of Goroka

 

Acting Vice Chancellor of the University of Goroka, Dr Sam Najike, issued a statement today advising UOG staff, students and the public that the 13^th graduation ceremony planned to be held at the university on June 11, 2010, will still proceed.

 “The graduation will still go ahead as planned, as we (the university) are focused on addressing the graduands”, Dr Najike stated.

 The ceremony will take place this Friday at the University of Goroka, where approximately 280 people from all around the country are expected to graduate.

 

 

Court allows review bid by Somare to proceed

A JUDICIAL review mounted by Public Enterprises Minister Arthur Somare will proceed, The National reports.

The National Court last Friday dismissed an application by the Ombudsman Commission (OC) to dismiss it for want of prosecution.

However, the watchdog itself came under criticism for taking 14 months to file the motion.

Justice Nicholas Kirriwom, while dismissing the application, said: “I am not going to dismiss (Somare’s judicial review application).

“Based on evidence before the court, it is plain that the matter has reached the stage of trial and I shall direct this matter to go back to the appeals and judicial review track for directions in accordance with the rules,” Kirriwom said.

The OC application last March 2 argued that Somare’s review proceedings had taken too long to be heard. Therefore, it should be dismissed for want of prosecution.

However, Kirriwom ruled: “The power of the court to dismiss an action for want of prosecution should be exercised only when the plaintiff’s default had been intentional and contumelious or where there had been inordinate and inexcusable delay on his or his lawyer’s part, giving rise to a substantial risk that a fair trial would not be possible or to service prejudice to the defendant.”

But, in this case, he pointed out that Somare’s lawyer Kerenga Kua’s affidavit before the court showed that Somare had made a number of attempts to have the proceedings heard and competed.

In light of the referral being made by the OC followed by Somare’s judicial review proceedings on Nov 6, 2006, and the dismissal proceedings last March 2, “there is a period of 14 months unexplained since the motion was filed to the time the motion was moved”.

Kirriwom said: “The issue here is whether there has been an inordinate and inexcusable delay in the prosecution

of the plaintiff’s action.

“Kua (for Somare), contended that there has been no delay; everything necessary to bring the matter to trial was done in compliance with the rules of court which, in themselves, have the effect of prolonging speedy disposition of cases.

“Kua also argued that the OC agreed to most of the adjournments sought as being necessary and, through its counsel, gave the impression that it had no problem with the progress being made on the case.”

However, the OC maintained that “the slow progress of the case was a calculated and deliberate choice (by Somare) to frustrate the prosecution of the judicial review application”.

Environmental law amendments: a wake up call for Papua New Guinea

From JAMES WANJIK
Former Secretary for Mining

TODAY we know who leaders work for. Leaders work for worthless money. Money of miners made from people's land and resources. Very truth I warned PNG leaders and people since 2006.

Money is the reason for the creation of Mineral Resources Authority (MRA). If not for illegal tax in illegal production levy MRA would not have seen light of day.

At present MRA is unconstitutional and is operating illegally. Only reason is money.

Other weak policies like land reform and customary land registration are driven by money.

Ramu Nickel mine is very exposed. Hearing Basamuk leaders waking up leaders I breathed sigh of relief. MRA is the culprit in the midst. It is a Trojan horse.

Puka Temu cuddled it and took it in as National Alliance (NA) Government baby after 2007 National Election. I warned against it but Puka Temu saw me as a villain. Now I have the pleasure of being proven right. NA Government will pay.

When MRA brought in the lawyers who drafted the law that created it I knew landowners of Basamuk will be shut out. Swinging out litigation on environment, MRA works for money. Till landowners take on MRA they will not win.

The Environment (Amendment) Act 2010 is a very tyrannical law. It makes our Government of the people now for the miners.

Let us look at the legal implications of the Environment (Amendment) Act 2010 (EAA).

1. Property right [s.1(2) EAA]

Landowners of Basamuk and other areas of PNG have customary land ownership, possession, use of land and can do transaction within the same customary group. This property is protected by the Constitution.

By merely stating this right is compulsorily acquired for public purpose without providing for just compensation the law amounts to expropriation of property.

This makes the Environment (Amendment) Act 2010 unconstitutional as it contravenes Section 53 of the Constitution.

2. Public purpose [s.1(2) EAA]

Mines are money business. No money no mine.

Private investors will invest if the investment will yield certain financial rate of return.

If taxes were collected then mines would be of economic importance to a nation.

I do not agree mines are public purpose business activities.

Public purposes are service oriented. Transport infrastructure, recreation, accommodation and towns are clear examples of public purpose.

Utilities like telecommunication, power, water and sanitation can be public or private depending on object. Profit will mean private and service, public.

Mining is a private business for profit. It is not a public purpose activity.

3. Encroachment on other laws [s.69A EAA]

Mining is a regulated activity. Law on mining lays foundation for other laws. A mining lease is a precondition for mining business for instance. Environmental regulation will regulate this mining business.

The Environment (Amendment) Act 2010 will correct any defect in mining lease approval process and non compliance with condition of lease.

Apart from this, statutory discretions of officials under the Mining Act 1992 will be overridden by the Director of the Environment Act 2000. This is absolutely absurd.

4. Extinguishing cause of action [s.69B EAA]

PNG is a Western democracy. An important principle is checks and balances for excesses of power and authority by any person. The rule of law and due process are to give effect to checks and balances. The Environment (Amendment) Act 2010 gives more powers to one person without checks and balances.

The law also outlaws any legal suit against rogue mines. Ramu mine is very vulnerable without this law.

Ramu mine proceeded with construction phase on unlawful approval of the Chief Inspector of Mines of the MRA in June 2007. The Environment (Amendment) Act 2010 will legitimise this unlawful action by the Director of the Act under an Authorisation Instrument.

5. No regulation of mines [s.87A EAA]

After I was removed as Secretary for Mining in December 2006 and the Department of Mining was smothered in 2007 the mining industry has been unregulated since.

Under the Environment (Amendment) Act 2010 the Director may exempt Ramu mine from any requirement of the Mining Act 1992 and the Mining (Safety) Act Chapter 195A. This will leave lot of very frustrated people.

6. Smelting and tailings disposal [s.87B EAA]

Refinery and processing at Basamuk will produce tailings. It was proposed that tailings will be placed in deep canyons in the Basamuk bay.

Deep Sea Tailings Placement (DSTP) was the subject of recent litigation. There are good arguments on both sides.

Lihir mine is the best practice as it has more information on DSTP than any other mine in the world. Problems there would be surface plume dispersal and tsunami caused by tailings in case of undersea landslips.

Under the Environment (Amendment) Act 2010 the Director may use Lihir experience as best practice.

7. Environment and development [s.87C EAA]

Mining in essence is a dirty business. It is about moving dirt for money. Environment will be harmed.

The law on compensation is provided for in the Mining Act 1992. The process there is compensation by agreement between the licence holder and landholder. And Warden would only make a determination if no agreement is reached.

Under the Environment (Amendment) Act 2010 the Director can issue a certificate of necessary consequence and in effect remove right to compensation.

8. Liability for damage [s.87D EAA]

The general legal position in both common law and civil law jurisdictions is polluter pays. This was legally in PNG until now.

It means polluter will not be liable. A certificate of compliance will bar any claim for damages.

Summary

The Environment (Amendment) Act 2010 was intended to legitimise and outlaw any claim for damages which would have been legitimate had mines been properly legally regulated.

MRA is the culprit PNG must remove at once. It is only interested in money. Money in illegal tax in illegal production levy.

..........Poem..........

Shock and shame for money

By James Wanjik, Port Moresby, June 3, 2010

People and money are not same,

Resource abundance and

development poverty are paradoxes,

Leaders of PNG have lost worth,

Leaving people shocked

and shamed for money.

Well educated politicians

and tribal leaders of PNG,

Telling arrogance of lawyers

working for money,

Making so much noise of gong,

Moving true lawyers

and leaders to act.

Bold and brave so many people are,

Voicing truth and pondering most,

Letting leaders' arrogance laid bare,

Shocking and ashamed

for miners' money