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Mining

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The Mineral Resources Authority is a government agency responsible for executing all mining-related functions on behalf of the Independent State of Papua New Guinea. The authority is the custodian of the mining sector in PNG. MRA accounts for over 60% of PNG’s export revenue. 

Established right after Independence on September 16, 1975, the Independent State of PNG had its own Parliamentary system with several Members of Parliament appointed to Ministries, including Natural Resources, which had the Department of Natural Resources. 

The department administered;

  1. Mining Development Act 1976
  2. Petroleum (Prospecting & Mining) Act 1976
  3. Continental Shelf (Living & Natural Resources) Act
  4. Mining (Bougainville Copper Agreement) Act, and
  5. Mining (Safety) Act 1977

In 1983, the Ministry of Natural Resources was realigned and renamed, to the Ministry of Mineral and Energy. The department under the ministry was the Department of Minerals & Energy that administered all legislation under the former department of natural resources. 

In 1992, during the reign of Sir Robbie Natalie as the Prime Minister of PNG, the department reviewed the Mining Development Act 1976 that resulted in the creation of a new legislation, which is the current Mining Act 1992. 

In 1998, the Government, under the leadership of former Prime Minister when late Bill Skate was the Prime Minister, the separated mineral resources and petroleum & energy.  resources and their office stations separated. All mineral resources sector and its relevant legislations were placed under the new Department of Mining and petroleum and energy legislations were under the Department of Petroleum and Energy. 

In the year 2000, the World Bank gave USD$10 million loan to the PNG Government for the Mining Sector Institutional Strengthening Project with the primary aim to strengthen the national capacity of national government agencies to attract new foreign investors to the mining sector. One of the recommendations was to establish an Authority, an organization free of political interference with its own funds from the production levies collected from the mines, which led to the birth of the Mineral Resources Authority. 

In 2005, the Government enacted the Minerals Resources Authority Act 2005. This legislation paved the way for the birth of the Mineral Resources Authority (MRA). 

Until 2007, MRA became operational, from its brand new building known as the Sir Paul Lapun Haus, commonly called the Mining Haus. Unfortunately, the building burnt down in 2014. The cause is still unknown. 

MRA currently administer the following legislations;

  1. Mining Act 1992
  2. Mining (Safety) Act 1977
  3. Mining (OkTedi Continuation Agreement) Act 2001. 

MRA FUNCTIONS & APPROACH

On 19th August 1998, the National Executive Council (NEC) considered a Policy Submission requesting approval for the creation of the Mineral Resources Authority through an Act of Parliament. On 9th November 2005 and which came into force on 1st January, 2006.

The Mineral Resources Authority (MRA) is a government institution established to regulate, grow and sustainably manage the mining (minerals) industry to maximize mineral export revenue for PNG. 

MRA’s key functions and responsibilities is to;

  1. Advise Minister on matters relating to management, exploitation, and development of PNG mineral resources in PNG. 
  2. Oversee administration and enforcement of Mining Act 1992, Mining Safety Act, Mining Development Act, Ok Tedi Acts and Bougainville Copper Agreement Act (whose responsibility is now with the Bougainville government).
  3. Promote orderly exploration and development of PNG mineral resources, and administer and manage all exploration and mining tenements in PNG.
  4. Negotiate mining development contracts and MOAs, provide liaison and facilitate meetings between stakeholders of specific exploration and mining projects.
  5. Conduct geo-scientific investigations into PNG geological resources and promote these resources to potential investors and developers.
  6. Provide small scale mining services. 

According to MRA, successful mining and exploration requires a good understanding and respect for the diversity of the country, both win terms of cultures and socio-economic contexts, as well as biodiversity and natural characteristics. 

MRA assists companies in abiding by existing legislation in this regard, and in providing overall advice, and in expertise which has been built up from work conducted throughout PNG.

Meanwhile, MRA is principally a government regulatory institution providing regulatory services to companies holding exploration and ming tenements in PNG. 

MRA is also a scientific institution conducting surveys and explorations to understand better the geology and mineralization of PNG. It is the custodian of all mineral and other earth sciences data in PNG. 

WHAT MRA DOES

The Mineral Resources Authority (MRA) is a government institution established to regulate, growth and sustainably manage the mining (minerals) industry to maximize mineral export revenue for PNG. MRA is the custodian of over 15, 000 volumes of exploration reports and over 900,000 data points of mineral data. It is the first point of contact for any businesses in the mining sector. 

As the mining business encroaches on customary land, local communities are impacted one way or the other, and with the perceptions and expectations on improvement of their lives. The MRA plays an important role in facilitating and managing these perceptions and expectations. It is the middleman for all stakeholders in the mining and exploration and related activities. 

PERMITS

The Tenements Administration Branch is headed by a manager who is also the Registrar of tenements. The Register’s Office administers the PNG Mining Act 1992 which is the Law that regulated mineral exploration and mining in PNG. 

Apart from administering permits, the branch also oversees the revenue from alluvial gold exports. It also maintains a repository of mine production and royalty data. The permitting process will be fully electronic soon should the revised Law is enacted. 

TYPE OF TENEMENTS

There are various types of Mineral Tenements provided for under the Mining Act 1992 which are issued by the Mining Minister on recommendation from the Mining Advisory Council. These tenements are;

  1. Exploration License (EL) – enables the holder to conduct mineral exploration within the area on land and offshore within the State of PNG. The license term is two years subject to extension. The area six is 1 sub block or 3.14 square kilometers minimum. The rights to develop mineral resources within the EL rests with the EL holder. Alluvial Mining lease is held only by naturalized citizens for mining 
  2. Mining Lease (ML) – a mining Lease is generally issued for small to medium scale alluvial and hard rock mining operations. The lease terms up to 20-years and can subsequently be extended for up to 10-years. The area size sis up to 60 square kilometers. Mining lease for hard rock resource development can be held 100% by a foreign entity. Mining lease for alluvial purpose with foreign interests can be had in the ration 49%:51% favouring nationals.
  3. Special Mining Lease – Large and mega mining projects are usually undertaken under a SML. The Mining Minister in considering the size of the mineral deposit, the method of treating it, the infrastructure required for the project, economic consideration and financing of the property may decide on the project being undertaken under mining development contract. The mining development contract is entered into between the State and the project proponent and it captures terms not already captured in the mining law. The decision by the Minister brings about a mining development forum where the terms of the contract are negotiated.
  4. Alluvial Mining Lease (AML) – this lease is held only by naturalized citizens for mining alluvial minerals. The citizen must be the owner of the land over which the lease falls. The area size can be up to five hectares maximum and the term of the lease is up to five years extendable Gold is the alluvial mineral usually mined under an AML. With no alluvial minerals definition in the mining law, it is generally perceived all other alluvial minerals are inclusive. 
  5. Lease for Mining Purpose (LMP) – LMPS are leases that hold infrastructure that support mining projects. The lease is usually issued outside but adjacent to a primary mining tenement, if the primary tenement cannot hold all the infrastructure required for the mining project. The term of the LMP is tied to the term of the primary tenement. The area size of the LMP can go up to 60 square kilometers maximum. 
  6. Mining Easement (ME) – A tenement that serves as an easement for infrastructure that supports a mining project. An easement may overlap other establishments. The intent is to excise certain land areas from the establishments for the purpose of the easement. Easements usually caters for infrastructure that requires narrow lateral extent but covers long distances such as roads, railway, power transmission lines, pipelines, waterways, to name a few.

PROCESS FOR APPLYING FOR A MINING LEASE

  1. Register on the MRA Portal
  2. Submit a lease application with supporting documents including proposals, financial and technical capacity evidence, land title information;
  3. Mining Warden Hearing where community views are recorded, and 
  4. Recommendation by the Mining Advisory Council
  5. Final grant or refusal by the relevant authority. 

MRA Use of Templates/Forms

Form 4: For a standard Mining Lease

Form 5: For an Alluvial Mining Lease

Form 3: For a Special Mining Lease

Form 8/17: Used for application particulars and boundary descriptions

Form TMP1: For online portal registration. 

These forms are available from the MRA website or head office in Port Moresby. 

MRA has five (5) Divisions

  1. Development Coordination Division
  2. Regulatory Operations Division
  3. Geological Survey Division
  4. Corporate Services Division
  5. Office of the Managing Director 

The Managing Director is responsible to the Board for matters relating to administration and institution of the MRA including its day to day operation and activities.  The Managing Director is responsible for the Minister relating to the implementation of the provisions of the Mining Act 1992 and all mining regulatory or policy matters.


Fossil fuel giant Santos has rejected allegations it plucked arbitrary figures out of thin air to support claims it could reach net-zero emissions by 2040, a court has been told.

The oil and gas exploration company has been accused of misleading and deceptive conduct by advocacy group Australasian Centre for Corporate Responsibility in Federal Court proceedings launched in August 2021.

As a 13-day trial began on Monday, Santos’ barrister Neil Young KC denied claims of “greenwashing,” saying his client had merely set out targets and had not promised any achievements.

“They are all targets, they’re not promises or predictions to achieve those outcomes,” he told Justice Brigitte Markovic.

Santos rejects attack on 'speculative' net-zero roadmap.
Santos made no promises or predictions about greenhouse gas emissions, its barrister said. (Mick Tsikas/AAP PHOTOS)

Announcements that the firm could reduce emissions by 26 to 30 per cent by 2030 and reach net-zero by 2040 did not have to be accompanied by ready-made projects or detailed modelling, Mr Young said.

“Some of the elements depended totally on the development of a market that did not currently exist and that could not be modelled in the way contended for by ACCR,” he argued.

Santos had never argued that natural gas was carbon-neutral but rather that it was an important transition fuel as the country moved towards net-zero, Mr Young said.

He argued that the firm had also flagged the use of carbon capture technology to remove carbon dioxide emitted during the production of “clean” hydrogen fuel but only if that was accompanied by carbon credits.

Earlier on Monday, barrister Noel Hutley SC made arguments for the advocacy group, claiming that Santos lacked reasonable grounds for making its statements.

Santos’s climate change “plan” was not a plan at all, he told the court.

“It was little more than a series of speculations … cobbled together in a matter of weeks.”

Kevin Gallagher, Santos MD
Kevin Gallagher told investors Santos had a “doable plan” to reach its climate targets. (Matt Turner/AAP PHOTOS)

The centre holds shares in firms like Santos to try to force them to meet the goals of the Paris Climate Agreement, an international treaty on climate change that was signed by various nations in 2016.

The mining giant’s chief executive Kevin Gallagher told a December 2020 investor briefing his company had a “doable plan” to reach its climate targets, Mr Hutley said.

“I think we’re now at a point where we can talk confidently about realistic roadmaps, real activities and a plan to achieve net-zero by 2040,” the company boss said at the time.

This was all pitched with certainty and not as mere aspirations, Mr Hutley said.

The firm claimed it could completely reduce its emissions through the use of carbon capture technology and blue hydrogen production, with a minimal reliance on offsets, he said.

Blue hydrogen is created from natural gas but uses carbon capture to remove the related emissions from the atmosphere.

Santos forecasts failed to include carbon dioxide produced in the manufacturing of this hydrogen and the fact that it was impossible to completely capture all emissions produced, Mr Hutley said.

The firm’s claims it could rely on carbon offsets to meet its goals would “make a total farce” of the touted roadmap, he added.

Calculations of estimated emissions and barrels of oil and gas produced out to 2040 were “wholly arbitrary”, Mr Hutley said.

“Those figures get locked in because of Mr Gallagher’s directions,” he said.

“The basis for them is wholly unexplained.”

Santos allegedly made the misleading statements at the December 2020 investor day and in its 2020 annual report and climate change report, both published in February 2021.

The advocacy group is seeking injunctions forcing the firm to issue a corrective notice about the environmental impacts of its operations.

It is not seeking damages or compensation, saying it had filed the lawsuit to vindicate the public interest in ensuring corporate climate change commitments are reasonably based.

The trial continues Tuesday.


Written by: Miklos Bolza © AAP 2024

The signing of an agreement between Chinese company Ramu Nico Management Limited and PNG’s Kumul Minerals Holdings Limited creates a step forward in the Marape led government’s aspiration of down stream producing of nickel and cobalt.

PNG Prime Minister, James Marape who was accompanied by Chinese Ambassador to PNG, Zeng Fanhua, to witness the signing, said this was the transition from PNG being an exporter of raw resources to an exporter of finished products.

“I am pleased to see this vision materialize through the swift response and commitment shown by Ramu Nico Management Ltd, following instructions from the Chinese Government,” said Marape.

The signing comes after a state visit Marape made to China where he met with several heads of several Chinese businesses before a Bileteral Meeting with the Chinese President, Xi Jinping .

During his meeting with President Jinping, Marape received assurances that China takes seriously the practical needs of Pacific Island countries, affirming that “China does not make empty promises.

“I thank the Chinese Government and Chinese companies for recognising the imperative for Papua New Guinea to build a robust and diversified economy through downstream processing,” Prime Minister Marape said.

Ramu Nico Management Ltd, as the majority partner in the world-class US$1.2 billion (K4.12 billion) Ramu nickel-cobalt mine near Madang, will be at the forefront of this transformative venture.

Related: https://insidepng.com/meet-with-head-of-hong-kong-special-administration/

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