Tuesday, 11 October 2016

Gobe oilfields ownership to be reviewed

BY ADAM MERA 

THE Lands Titles Commission will be deliberating on the long standing unresolved disputes concerning ownership of the land where the Gobe oilfields are located.
This follows a ruling by a three-man Supreme Court bench comprising Justices Don Sawong, Toliken and Terence Higgins.
The oilfield is one of seven in the PNG liquefied natural gas project area.
It is located in the Southern Highlands and Gulf Provinces and covers an area of about 1082km2. The issue on ownership dates back to 1995, as a result of extensive prospecting and drilling by Chevron Niugini, the developers of the now PNG LNG Project.
The bench decided for the matter to be reheard by LTC after finding the National Court lacked jurisdiction to hear and deliberate on the matter and that the National Court that heard the matter earlier was unfair, harsh and oppressive resulting in a breach of natural justice on a number of claimants to the land.
According to the court, following conflicting claims by a number of parties to the land, the matter was referred to LTC on May 8, 1995, by the then governor-general Sir Wiwa Korowi.
Altogether there are 30 parties involved in the dispute.
Deputy Chief Justice Sir Gibbs Salika, who was then only a judge, was appointed as a special commissioner to hear the disputes by the parties. Sir Gibbs heard the disputes and handed down declarations on February 29, 1996.
Certain parties still aggrieved with the decisions filed for a review of the decision.
A review panel consisting of the then chief commissioner Josepha Kanawi and two other commissioners then reviewed the decisions and quashed DCJ Salika’s declarations and substituted it with their own on May 19, 2000.
Other parties still aggrieved with the review, lodged an appeal at the National Court against the decision of the panel.
The court quashed the decision of the panel and remitted the matter back to the LTC for rehearing.
While awaiting the LTC, the disputing parties decided to try the alternate disputes resolution (ADR) to resolve the matter.
A decision here at the ADR was disputed as well, landing the matter before the National Court again on May 5, 2008.
The National Court handed down its decision on September 6, 2011, which was again disputed.
It resulted in this Supreme Court proceeding thus the orders for it to return before the LTC.
The bench in handing down its order said LTC is the only body recognised by law to properly adjudicate upon this matter therefore it hopes a resolution is reached there. //Post-Courier

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