Independent Office welcomes court ruling voiding mining lease, saying it strengthens rule of law and clarity in Solomon Islands.
The Independent Office has welcomed the recent High Court ruling declaring Mining Lease No. ML012022 void, describing it as both timely and significant for the Solomon Islands’ mining sector.
The case involved the Thavia Clan, represented by Ms Ethel Vokia, who argued that once a Surface Access Rights Agreement (SARA) has been executed and the Minister issues a mining lease under Section 36 of the Mines and Minerals Act, the applicant company is legally required to register that lease under Section 39. This registration process, she argued, must follow the land acquisition procedures set out under the Land and Titles Act.
Solomon Islands Resources Company Limited (SIRCL) maintained that it was not required to follow those procedures, contending that the lease issued by the Minister was valid through the SARA alone. The Attorney General, representing the Minister and the Mining Board, supported this position.
In her ruling, Justice Maelyn Bird disagreed, stating that “the law is very clear,” and declared the mining lease void.
In a statement, the Independent Office said the Court’s decision reinforces the rule of law and provides clarity in the administration of mining leases and land rights in the Solomon Islands. It said the ruling strengthens the legal framework guiding the mining sector and underscores the importance of proper registration and adherence to established procedures when granting mining leases.
The Office noted that the decision would help ensure transparency, accountability, and fairness in the management of mineral resources across the country.
Source: Independent Office
