Put national interest first: Judge

November 19, 2009- The National 

JACOB POK

A JUDGE has told Southern Highlands province landowners that the PNG LNG project was of significant national interest, and development on the project including development forums must proceed.
Justice Les Gavara-Nanu told landowners from the Gobe project area on Wednesday they should go back home and take part in the licence-based benefits sharing agreement (LBBSA) forums.
Justice Gavara-Nanu told them that if they were not satisfied with the outcome of theLBBSA, they were at liberty to return to the court. 
He declined specific orders sought by the landowners relating to outstanding memorandum of agreement funds allegedly owed by the State.
The landowners had argued that they would not participated or be party to any dealings in the LBBSA forum currently underway in the project area unless outstanding landowner issues were dealt with.
Counsel for the landowners, John Poro, told the court that his clients had refused to be party to the signing of the Kokopo umbrella benefits sharing agreement (BSA) because some of their requests for projects in their area were not considered in April.
He said his clients requested for two projects; for a road from Semberigi to Kisenepoi in Ialibu, and the upgrading of the Semberigi Health Centre, but these were not considered during the UBSA forum.
He said therefore, they would not attend the LBBSA forum until the issues were properly settled. 
Mr Poro, in a letter issued by the Minister for Petroleum and Energy William Duma on Oct 29 to his clients, said the LBBSA forum would discuss these issues raised in the Kokopo BSA forum. 
Mr Poro said if that was the case, then they wanted the court to issue directions for the parties to meet and come to a solution before attending the LBBSA forum. 
Lawyers for DPE and ExxonMobil opposed this, saying the forum would discuss these issues.
The judge agreed, and urged the landowners to go back home.

Landowner disputes only about money, says judge

November 5, 2009-The National 

By JACOB POK

NATIONAL Court judge Justice Ambeng Kandakasi yesterday blasted Southern Highlands landowners, saying they seem to be running to court for money and nothing else.
“All landowner issues that are brought to court to seek remedies only involve money. 
“People are interested in accessing funds and not other issues like damages caused to the environment,” Justice Kandakasi said.
He said this while refusing an injunction sought by a landowner group from Southern Highlands province which was seeking to stop development forums associated with the PNG LNG project from proceeding.
Justice Kandakasi referred to other similar landowner cases that were brought to court concerning memorandum of agreement (MoA) and special support grant (SSG) funds, and equity and royalty funds. 
Some of these groups have threatened to stop the LNG project if they are not paid millions of kina which they say the Government owes them.
Referring to them, the judge said these people (who run to court) should be concerned about the well-being of the people and how they would be affected by the project in the years ahead, and not just their own interest.
The Lobi Hukuwa Epapalanto Landowner Association of Juha, the plaintiff in the proceedings, was seeking to restrain the defendants, ExxonMobil, the Department of Petroleum and Energy (DPE) and the State from conducting the licence-based development forums claiming that they had not complied with section 47 of the Oil and Gas Act.
Lawyer Marley Nandi argued that on Sept 25, the court granted an interim ex parte order in their favour. 
But on Oct 14, Justice Bernard Sakora discharged the interim orders on the basis that the court had no jurisdiction to determine issues relating to ownership of customary land.
Mr Nandi argued that Justice Sakora had ruled that the defendants had not complied with section 47 of the Oil and Gas Act.
He added that Justice Sakora was satisfied that there were no social mapping and landowner identification carried out by the defendants as required by the Act.
The defendants’ counsel, Greg Egan, responded that the court also made orders under section 169 of the Oil and Gas Act for the plaintiffs to seek determinations from the Minister for Petroleum to consider them as landowners but that did not happen.
Mr Egan argued that there was no positive outcome on the part of the plaintiff from the meeting held with the minister and therefore, the injunction should be refused.
Justice Kandakasi said he was satisfied that the plaintiffs had not complied with section 169 of the Oil and Gas Act, and refused the injunction sought.