CONCERNS ABOUT THE NEW MINING AMENDMENT ACT
by ROBERT ALEMBO While we recognise that the State is trying to secure its rights to the Porgera mine by way of this amended legislation, we must make sure that we do not undermine the whole basis of our mining legislation by making quick amendments which are not fully understood. The amendment to Section 7 of the Mining Act 1992 breaks down the whole basis of the Mining Act which is based on the principle of First Come First Served which is a clear principle in the legislation. This new provision relates to all reservations in the future and not just Porgera. This gives the State-owned company a priority over any other Investor in the country, even one which may have applied for a license months or even years before the State Applicant puts in its own application, giving an advantage to the State which other Investors will consider to be unfair and anti-competitive. We doubt provision this is consistent with the ICCC which guarantees a level playing field for all investors in P