Home | Databases | WorldLII | Search | Feedback Papua New Guinea Sessional Legislation

  Download original PDF

Mining (Ok Tedi Mine Extension (Eleventh Supplemental) Agreement) Act 2014

PAPUA NEW GUINEA

MINING (OK TEDI MINE EXTENSION (ELEVENTH SUPPLEMENTAL) AGREEMENT) ACT 2014

No. 56 of 2014.

Certified on: 23 DEC 2014

Mining (Ok Tedi Mine Extension (Eleventh Supplemental) Agreement) Act 2014

ARRANGEMENT OF SECTIONS.

1. Compliance with constitutional requirements.
2. Interpretation.
3. Act binds the State.
4. Approval of Agreements.
5. Effect in relation to laws of Papua New Guinea.
6. Execution of CMCA Extension Agreements and other acts binding.
7. Mine Closure and Decommissioning Code.
8. Tax Status of Foundation.
9. Schedules.

SCHEDULE 1.
SCHEDULE 2.

_______________________

No. 56 of 2014.

An Act

entitled

Mining (Ok Tedi Mine Extension (Eleventh Supplemental) Agreement) Act 2014.

Being an Act to provide for the approval and implementation of the Ok Tedi Mine Extension (Eleventh Supplemental) Agreement relating to the development of mineral deposits at Mount Fubilan in Western Province, and for related purposes,

MADE by the National Parliament.

1. COMPLIANCE WITH CONSTITUTIONAL REQUIREMENTS.

(1) This Act, to the extent that it regulates or restricts a right or freedom referred to in Subdivision III.3.C (qualified rights) of the Constitution, namely -

(a) the right to freedom from arbitrary search of person or property and entry of premises, conferred by Section 44; and

(b) the right to freedom from conscience, thought and religion and the practice of a person's religion and beliefs, including freedom to manifest and propagate a person's religion and beliefs in such a way as not to interfere with the freedom of others, conferred by Section 45; and

(c) the right to freedom of expression and publication conferred by Section 46; and

(d) the right peacefully to assemble and associate and to form or belong to, or not to belong to, political parties, industrial organisations and other associations conferred by Section 47; and

(e) the right to freedom of choice of employment in any calling for which a person has the qualifications (if any) lawfully required conferred by Section 48; and

(f) the right to protection from unjust deprivation of property conferred by Section 53,

of the Constitution is a law that is made under Section 38 of the Constitution for the purpose of giving effect to the public interest in public safety, public order, public welfare.

(2) For the purposes of any Organic Law from time to time and for the time being implementing Part VIA of the Constitution, it is hereby declared that each of the following Acts relates to a matter of national interest:

(a) the Mining (Ok Tedi Agreement) Act (Chapter 363A); and

(b) the Mining (Ok Tedi Supplemental Agreement) Act (Chapter 363A); and

(c) the Mining (Ok Tedi Second Supplemental Agreement) Act (Chapter 363B); and

(d) the Mining (Ok Tedi Third Supplemental Agreement) Act (Chapter 363C); and

(e) the Mining (Ok Tedi Fourth Supplemental Agreement) Act (Chapter 363D); and

(f) the Mining (Ok Tedi Fifth Supplemental Agreement) Act (Chapter 363E); and

(g) the Mining (Ok Tedi Sixth Supplemental Agreement) Act 1986; and

(h) the Mining (Ok Tedi Agreements) (Amendment) Act 1986; and

(i) the Mining (Ok Tedi Seventh Supplemental Agreement) Act 1986; and

(j) the Mining (Restated Eight Supplemental Agreement) Act 1995; and

(k) the Mining (Ok Tedi Mine Continuation (Ninth Supplemental) Agreement) Act 2001; and

(l) the Mining (Ok Tedi Mine Continuation (Tenth Supplemental) Agreement) Act 2013,

and it is further declared that this Act deals with a matter of urgent national importance.

2. INTERPRETATION.

(1) Unless otherwise defined in this Act, words and expressions which are given a certain meaning in the Principal Agreement or in the Ok Tedi Mine Extension (Eleventh Supplemental) Agreement are used in this Act with the same meanings.

(2) In this Act, unless the contrary intention appears -

"CMCA Extension Agreement" means each of the agreements between the company and specified communities which are set out in Schedule 2;

"Foundation" means the Ok Tedi Development Foundation Limited referred to in Clause 6 of the Ninth Supplemental Agreement;

"Mine Closure and Decommissioning Code" means the document contained in Schedule 3 to the Mining (Ok Tedi Mine Continuation (Ninth Supplemental) Agreement) Act 2001;

"Ninth Supplemental Agreement" means the agreement scheduled to the Mining (Ok Tedi Mine Continuation (Ninth Supplemental) Agreement) Act 2001;

"principal agreement" means the agreement a copy of which is set out in the Schedule to the Mining (Ok Tedi Agreement) Act (Chapter 363) as varied, amended, and supplemented by the agreements respectively set out in the Schedules to the Acts referred to in Sections 1(4)(b), (c), (d), (e), (f), (g), (i), (j), (k) and (l) and by the Ok Tedi Mine Extension (Eleventh Supplemental) Agreement;

"Ok Tedi Mine Extension (Eleventh Supplemental) Agreement" means the supplemental agreement a copy of which is set out in Schedule 1.

3. ACT BINDS THE STATE.

This Act binds the State.

4. APPROVAL OF AGREEMENTS.

(1) The Ok Tedi Mine Extension (Eleventh Supplemental) Agreement is approved and has effect according to its tenor.

(2) The CMCA Extension Agreements, including all schedules and annexures to the agreements, are approved and have effect according to their tenor.

5. EFFECT IN RELATION TO LAWS OF PAPUA NEW GUINEA.

(1) The Ok Tedi Mine Extension (Eleventh Supplemental) Agreement, including all schedules and annexures to the agreements, has the force of law for the full term provided for and applies notwithstanding –

(a) anything to the contrary in any other law in force in the country; or

(b) that the agreement might, but for this Act, be wholly or partly unenforceable.

(2) The CMCA Extension Agreements, including all schedules and annexures to the agreements, have the force of law for the full term provided for and apply notwithstanding -

(a) anything to the contrary in any law in force in the country; or

(b) that any such agreement might, but for this Act, be wholly or partly unenforceable.

(3) Nothing in this Act affects the operation of the Mining (Ok Tedi Restated Eighth Supplemental Agreement) Act 1995.

(4) The CMCA Extension Agreements represent the final and binding agreement between the parties to the agreement on compensation and benefits payable to such of them as are affected by the Project and the extension of the Project's operation as contemplated in the CMCA Extension Agreements.

(5) The fact that the Company has entered into the CMCA Extension Agreements does not derogate from the effect of the releases contained in and the compensation regime established by the Mining (Ok Tedi Agreement) Act (Chapter 363) (as amended and supplemented) in relation to any community which does not enter into such an agreement.

(6) The Fairness of Transactions Act 1993 has no application to any agreement given the force of law by this Act or by any of the Acts referred to in Section 1(4).

(7) A party to the Ninth Supplemental Agreement or the Ok Tedi Mine Extension (Eleventh Supplemental) Agreement or other beneficiary of a provision of a Community Mine Continuation Agreement or a CMCA Extension Agreement may enforce that provision as if it were a party to that Community Mine Continuation Agreement or CMCA Extension Agreement, as the case may be.

6. EXECUTION OF CMCA EXTENSION AGREEMENTS AND OTHER ACTS BINDING.

(1) The signature or other execution of a CMCA Extension Agreement by a person representing or purporting to represent a community or clan, or that person's delegate, binds all of the members of that community or clan to that CMCA Extension Agreement notwithstanding -

(a) that there is no express authority for that person to sign or execute the CMCA Extension Agreement on behalf of the members of the community or clan concerned; or

(b) that not all representatives of the relevant community or clan have signed or otherwise executed the CMCA Extension Agreement; or

(c) that not all members of the community are parties to the CMCA Extension Agreement; or

(d) any requirement of the underlying law.

(2) The acts and deeds of a person described in Subsection (1) in respect of any matter referred to in the relevant CMCA Extension Agreement bind each person on behalf of whom that person purports to be acting, and where a person purports to be acting on behalf of the whole of that person's community or clan, that person's acts and deeds bind each existing and future member of that person's community or clan, including, without limitation, children and persons who are subsequently born into, or who subsequently join, that community or clan.

7. MINE CLOSURE AND DECOMMISSIONING CODE.

The Mine Closure and Decommissioning Code is amended as follows:

(a) Section 3.5(b) is amended by substituting the number and word "6 months" for the number and word "12 months"; and

(b) Section 3.6(a) is amended by substituting the number and word "2 years" for the number and word "3 years".

8. TAX STATUS OF FOUNDATION.

Section 11(2) of the Mining (Ok Tedi Mine Continuation (Ninth Supplemental) Agreement) Act 2001 is repealed and replaced with the following:

"For the purposes of the Goods and Services Tax Act 2003 -

(a) tax on all supplies made by the Foundation shall be charged at zero percent; and

(b) all supplies to the Foundation shall be zero rated and the Foundation shall receive a refund of all tax it has paid to the Internal Revenue Commission on purchases, including tax paid on imported goods, since the Foundation's commencement of operations.".

9. SCHEDULES.

Schedules 1 and 2 of this Act are attached as Annexures "A" and "B" respectively.

___________________

I hereby certify that the above is a fair print of the Mining (Ok Tedi Mine Extension (Eleventh Supplemental) Agreement) Act 2014 which has been made by the National Parliament.

Acting Clerk of the National Parliament.
23 DEC 2014

I hereby certify that the Mining (Ok Tedi Mine Extension (Eleventh Supplemental) Agreement) Act 2014 was made by the National Parliament on 26 November, 2014 by an absolute majority in accordance with the Constitution.

Acting Speaker of the National Parliament.
23 DEC 2014

__________________

ANNEXURE "A"

SCHEDULE 1. OK TEDI MINE EXTENSION (ELEVENTH SUPPLEMENTAL AGREEMENT.

and

ANNEXURE "B"

SCHEDULE 2. CMCA EXTENSION AGREEMENT MINE AREA VILLAGES.

____________________

PacLII Editor's Note: Please refer to the attached PDF for the Schedules (Annexure 'A' and 'B') referred to in Section 9 of this Act