Draft Bouganville Mining Bill

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From the draft bill – who owns the minerals is always going to be a contentious issue!

Division 2 – Ownership of minerals

9.    MINERALS CEASE TO BE PROPERTY OF THE STATE OF PAPUA NEW GUINEA
All minerals existing on, in or below the surface of land in the Autonomous Region of Bougainville cease to be the property of the State of Papua New Guinea.

10.    CUSTOMARY LAND – PROPERTY IN MINERALS
(1)    Subject to this Act, all minerals existing on, in or below the surface of any customary land in the Autonomous Region of Bougainville are the joint property of:
(a)    the owners of the customary land; and
(b) the Autonomous Bougainville Government for the benefit, and as the representative, of all Bougainvilleans.
(2)    Nothing in subsection (1) is to be construed as an acquisition of property by the Autonomous Bougainville Government in relation to section 53 of the Papua New Guinea Constitution.

11.    NON-CUSTOMARY LAND – PROPERTY IN MINERALS
(1)    All minerals existing on, in or below the surface of any land in the Autonomous Region of Bougainville that is not customary land are the property of the Autonomous Bougainville Government.
(2)    Nothing in subsection (1) is to be construed as an acquisition of property by the Autonomous Bougainville Government in relation to section 53 of the Papua New Guinea Constitution.

Division 3 – Customary rights over minerals

12.    CUSTOMARY RIGHTS OVER MINERALS OF OWNERS OF CUSTOMARY LAND
The customary rights over minerals of the owners of customary land include, but are not limited to, the following rights:

Revised Discussion Draft 1 March 2013 Bougainville Mining (Transitional Arrangements) Bill
(a)    to be consulted about the grant of an exploration licence over the land and to withhold consent to any such grant;
(b)    in the case of a mining lease, a lease for mining purposes or a mining easement over the land:
(i)    to be consulted at a Bougainville Mineral Resources Forum; and
(ii)    to participate in a mediation in accordance with section 25;
(c)    to be consulted about the grant of a small-scale extraction lease over the land and to withhold consent to any such grant;
(d)    to share in any revenue generated by mining development on the land;
(e)    to participate in opportunities arising from mining development on the land;
(f)    to receive compensation for the impact of mining development on the land, being compensation which reflects the nature and extent of such impact.

13.    DETERMINING CUSTOMARY RIGHTS OVER MINERALS.
The regulations may in relation to customary rights over minerals prescribe procedures and other matters for determining:
(a)    whether an individual or a group of individuals is the holder of all or some of those customary rights; and
(b)    the nature of any customary rights so held.

14.    RESOLVING DISPUTES BY CONSENSUS.
Subject to this Act, disputes about minerals involving the owners of customary land are to be resolved, so far as practicable, by consensus.

ABG Transitional Mining Bill 1 March 2013