MINISTER ADVISES PM TO DEFER POGERA


by KERA MANDA


Minister Mining cautions the State, Kumul Minerals and Barrick that under the Mining Act before a Development Forum takes place, the following statutory requirements must be met:
1) A new Mining Development Contract must be signed with the SML11 Tenement holder, KUMUL MINERALS.  That has not happened. (It may not happen given that Barrick is questioning SML11 and calling for a Sound SML).

2) Minister has identified problems with the existing SML Landowner representatives. He wants to fix that first. Kandakasi has also highlighted this. Mark Ekepa Team has also highlighted this. 

3) Minister stated that "...if Barrick is going to be a Partner with KMHL, then the Partnership has to be properly registered under PNG Law, because the MDC negotiations will only be with the holder of the SML11 Tenement KMHL...this is the Law regardless of the Framework Agreement ".

Above points are very clear WHY JUDGE KANDAKASI RESTRAINED ANY PORGERA DEVELOPMENT FORUM. PM AND IPATAS MUST FOLLOW THE LAW.
Also there are several issues not considered in Minister's Advice to PM.

A) In Minister's letter above, he forgot to address the REAL REASON WHY HIM, PMJM AND HIS NEC REJECTED SML 1 RENEWAL AT THE FIRST PLACE. 

The Government's Mining Advisory Council (MAC) and NEC rejected SML1 DUE TO THE ENVIRONMENTAL AND OUTSTANDING RELOCATION AND HUMANTARIAN REASONS. The new Porgera Framework Agreement has NEVER ADDRESSED THAT 
 
How will the same MAC address this in a new Porgera real with the same Barrick?  The Framework Agreement (FA) states that the Legacy issues are in the "OLD PORGERA BASKET". That is not good enough. The Mining Minister has a statutory duty to explain what it means if your same MAC and NEC has rejected SML1 Renewal at the first place due to the legacy issues.

 Minister needs to be transparent in the explanation of the "OLD PORGERA", the FA does not explain that. Will assets be transferred to NEW PORGERA AND OLD PORGERA IS DUMPED WITH THE LEGACY ISSUES? 

How will State, MAC, KUMUL and Barrick compensate for the Legacy issues, which is the subject of an International Arbitration and various Court cases? 

The 2022 National Elections are around the corner and People's Progress Party through Minister Tuke has made its position very clear on the Porgera Issue. 

The irony is that the Minister was "forced" to sign the Framework Agreement without giving him ample time to seek independent advice on the Framework Agreement. Minister now putting his thoughts in writing is extraordinary.

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